A controlled substance, having a value of less than $150,000, if stolen from (i) a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; or (ii) a vehicle owned or operated by a wholesale distributor of prescription drugs. What level of offense?

Prepare for the Penal Code 30-72 Test. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Multiple Choice

A controlled substance, having a value of less than $150,000, if stolen from (i) a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; or (ii) a vehicle owned or operated by a wholesale distributor of prescription drugs. What level of offense?

Explanation:
The key idea is that theft of a controlled substance from places where these drugs are stored or distributed carries a felony level tied to how much is stolen. When the value of the stolen substance is under $150,000, the offense in this context falls into a third-degree felony. That aligns with the general theft thresholds, where $30,000 up to $149,999 is third-degree, and higher values push to second-degree or first-degree felonies. The special context—stealing from a pharmacy, clinic, hospital, nursing facility, or from a wholesale distributor’s vehicle—elevates the offense into this felony range due to the regulated nature and public-safety impact of controlled substances. So, with a value under $150,000 in these locations, the level is third-degree felony. If the value were $150,000 or more, the level would rise to second-degree (and $300,000 or more would be first-degree).

The key idea is that theft of a controlled substance from places where these drugs are stored or distributed carries a felony level tied to how much is stolen. When the value of the stolen substance is under $150,000, the offense in this context falls into a third-degree felony. That aligns with the general theft thresholds, where $30,000 up to $149,999 is third-degree, and higher values push to second-degree or first-degree felonies. The special context—stealing from a pharmacy, clinic, hospital, nursing facility, or from a wholesale distributor’s vehicle—elevates the offense into this felony range due to the regulated nature and public-safety impact of controlled substances. So, with a value under $150,000 in these locations, the level is third-degree felony. If the value were $150,000 or more, the level would rise to second-degree (and $300,000 or more would be first-degree).

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