Fiscal Note & Local Impact Statement

125 th General Assembly of Ohio

Ohio Legislative Service Commission

77 South High Street, 9th Floor, Columbus, OH 43215-6136 ² Phone: (614) 466-3615

² Internet Web Site: http://www.lsc.state.oh.us/

BILL:

H.B. 80

DATE:

April 1, 2003

STATUS:

As Introduced

SPONSOR:

Rep. Core

LOCAL IMPACT STATEMENT REQUIRED:

No —

Minimal cost

 


CONTENTS:

Prohibits the possession, sale, transportation, and cultivation of spores or mycelium capable of producing mushrooms that contain psilocin or psilocybin

 

State Fiscal Highlights

 

STATE FUND

FY 2004

FY 2005

FUTURE YEARS

General Revenue Fund (GRF)

     Revenues

Potential negligible gain

Potential negligible gain

Potential negligible gain

     Expenditures

Potential minimal increase

Potential minimal

increase

Potential minimal

increase

Victims of Crime/Reparations Fund (Fund 402)

     Revenues

Potential negligible gain

Potential negligible gain

Potential negligible gain

     Expenditures

- 0 -

- 0 -

- 0 -

Note:  The state fiscal year is July 1 through June 30.  For example, FY 2004 is July 1, 2003 – June 30, 2004.

 

·        Incarceration expenditures.  The number of additional offenders that might actually be sentenced to prison annually as a result of the bill appears likely to be relatively small.  Thus, any related increase in the Department of Rehabilitation and Correction’s GRF-funded incarceration and post-release control costs would be no more than minimal annually.

·        Court cost revenues.  Given the relatively small number of new convictions expected, any potential gain in annual court cost revenues deposited to the credit of the state’s GRF and the Victims of Crime/Reparations Fund (Fund 402) is likely to be negligible.

Local Fiscal Highlights

 

LOCAL GOVERNMENT

FY 2003

FY 2004

FUTURE YEARS

Counties

     Revenues

Potential gain, not likely to exceed minimal

Potential gain, not likely to exceed minimal

Potential gain, not likely to exceed minimal

     Expenditures

Potential minimal increase

Potential minimal

increase

Potential minimal

increase

Note:  For most local governments, the fiscal year is the calendar year.  The school district fiscal year is July 1 through June 30.

 

·        Criminal offenses.  Based on a number of conversations, it appears that the number of offenders that could be charged, prosecuted, and sanctioned for possession, cultivation, sale, transportation, or distribution of spores as a result of the bill will be relatively small in any given local jurisdiction.  Assuming that were true, then the annual costs for a county criminal justice system (investigation, prosecution, adjudication, indigent defense, and sanctioning) to handle these cases seems unlikely to exceed minimal.

·         Court cost and fine revenues.  In the matter of local revenues, as the likely number of cases that could be created by the bill appears to be relatively small, any resulting gain in court cost and fine revenues for a given county annually would not be likely to exceed minimal.

 


 

Detailed Fiscal Analysis

 

Current law

 

Currently psilocybin and psilocin are:  (1) hallucinogens, and (2) schedule one controlled substances.  Mushroom spores, however, do not contain psilocybin or psilocin.  Under current law, unchanged by the bill, spores are not a controlled substance.  It is only when spores are cultivated to produce mushrooms (i.e., when the presence of psilocybin or psilocin can be detected) that a person faces a felony controlled substance charge.

 

Bill’s provisions

 

In relation to the possession, sale, transportation, and cultivation of spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin, the bill specifically:

 

Table 1 below summarizes the four new felony offenses created by the bill, as well as the sentences and fines associated with those new felony offenses under current law.

 

Table 1

House Bill 80 Offenses, Sentences, and Fines

Offense

Offense Level

Maximum Fine

Basic Prison Definite Term

Illegal cultivation of spores

Felony 2nd degree

$15,000

2 to 8 years

Trafficking in spores

Felony 4th degree

$  5,000

6-18 months

Preparation of spores for sale

Felony 4th degree

$  5,000

6-18 months

Possession of spores

Felony 5th degree

$  2,500

6 to 12 months

 

Criminal cases

 

Based on a number of conversations with regard to the bill, LSC fiscal staff has learned the following:

 

Local fiscal effects

County criminal justice expenditures

It appears that, based on conversation with various individuals familiar with the workings of Ohio’s criminal justice system, the likely number of offenders that could be arrested, charged, and prosecuted in any given local jurisdiction as a result of violating the bill’s prohibitions will be relatively small.  Assuming that were true, then the annual costs for a county criminal justice system (investigation, prosecution, adjudication, defense (if the offender is indigent), and sanctioning) to resolve these cases seems unlikely to exceed minimal.

County court cost and fine revenues 

 

In the matter of local revenues, as the likely number of cases that could be created by the bill appears to be relatively small, any resulting gain in court cost and fine revenues for a given county annually would not be likely to exceed minimal.

 

State fiscal effects

 

Incarceration expenditures

 

The number of additional offenders that might actually be sentenced to prison annually as a result of the bill appears likely to be relatively small.  Thus, any related increase in the Department of Rehabilitation and Correction’s GRF-funded incarceration and post-release control costs would be no more than minimal annually.

 

Court cost revenues 

 

Given the relatively small number of new convictions expected, any potential gain in locally collected state court cost revenues deposited to the credit of the state’s GRF and the Victims of Crime/Reparations Fund (Fund 402) is likely to be negligible annually.

 

 

 

LSC fiscal staff:  Holly Wilson, Budget Analyst

 

HB0080IN/lb