BILL NUMBER: AB 259	CHAPTERED
	BILL TEXT

	CHAPTER  184
	FILED WITH SECRETARY OF STATE  JULY 22, 2008
	APPROVED BY GOVERNOR  JULY 22, 2008
	PASSED THE SENATE  JULY 2, 2008
	PASSED THE ASSEMBLY  JANUARY 29, 2008
	AMENDED IN ASSEMBLY  JANUARY 7, 2008
	AMENDED IN ASSEMBLY  MARCH 12, 2007

INTRODUCED BY   Assembly Member Adams

                        FEBRUARY 5, 2007

   An act to add Section 379 to the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 259, Adams. Crimes: sale or distribution of Salvia divinorum.
   Under existing law, the sale or distribution of specified
intoxicating substances is a crime, punishable by imprisonment or a
fine.
   This bill would make the sale or distribution of Salvia divinorum
or Salvinorin A, or any substance or material containing Salvia
divinorum or Salvinorin A, to any person under 18 years of age a
misdemeanor, punishable by imprisonment in a county jail for not more
than 6 months, by a fine of no more than $1,000, or both.
   Because this bill would create a new crime, it would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 379 is added to the Penal Code, to read:
   379.  Every person who sells, dispenses, distributes, furnishes,
administers, gives, or offers to sell, dispense, distribute, furnish,
administer, or give Salvia divinorum or Salvinorin A, or any
substance or material containing Salvia divinorum or Salvinorin A, to
any person who is less than 18 years of age, is guilty of a
misdemeanor punishable by imprisonment in a county jail not exceeding
six months, or by a fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.