BILL ANALYSIS
AB 748
Page 1
Date of Hearing: April 14, 2009
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 748 (Gilmore) - As Introduced: February 26, 2009
SUMMARY : Makes 3,4-Methylenedioxymethamphetamine (MDMA, XTC,
Ecstasy) a Schedule II controlled substance. Specifically, this
bill :
1)Provides that the unlawful possession of
3,4-methylenedioxymethamphetamine (MDMA, XTC, Ecstasy) shall
be punishable by imprisonment in a county jail not to exceed
one year or by 16 months, 2 or 3 years in the state prison.
2)Provides that the possession for sale of
3,4-methylenedioxymethamphetamine (MDMA, XTC, Ecstasy) shall
be punishable by imprisonment in the state prison for 16
months, 2 or 3 years.
3)Makes the sale of 3,4-methylenedioxymethamphetamine (MDMA,
XTC, Ecstasy) punishable by imprisonment in the state prison
for two, three, or four years.
EXISTING LAW :
1)Classifies controlled substances in five schedules according
to their danger and potential for abuse. Schedule I
substances are the most restricted and have the highest
penalties, and Schedule V are the least restricted. (Health
and Safety Code Sections 11054 through 11058.)
2)Provides that the penalty for the possession, possession for
sale, and sale of an analog of a controlled substance shall be
the same as the penalty for the classified controlled
substance. (Health and Safety Code Section 11401.)
3)Classifies hallucinogenic substances, including
3,4-methylendedioxymethamphetamine, as a Schedule I controlled
substance. [21 Code of Federal Regulations Section
1308.11(d)(10).]
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4)Provides that the possession of methamphetamine shall be
punishable by imprisonment in a county jail for up to one year
or by 16 months, 2 or 3 years in the state prison. [Health
and Safety Code Section 11377(a).]
5)Provides that the possession for sale of methamphetamine shall
be punishable by imprisonment in the state prison for 16
months, 2 or 3 years. (Health and Safety Code Section 11378.)
6)Makes the sale of methamphetamine punishable by imprisonment
in the state prison for two, three, or four years. (Health
and Safety Code Section 11379.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 748 will
classify MDMA, more popularly known as Ecstasy, as a Schedule
II drug in the Health and Safety Code. Under current law,
controlled substances are classified into five scheduled
phases, with the greatest penalties and restrictions placed on
Schedules I and II. The federal government classifies MDMA as
Schedule I controlled substance, but California does not
schedule it at all.
"MDMA has gained significant popularity as a social drug, but
these substances are some of the most dangerous and
destructive, leading to incidents of date rape and other
violent crimes. When it comes to prosecuting those who want
to bring these drugs into our community, there must be no
wiggle room in the law.
"Adopting AB 748 will ensure that prosecutors are not spending
time and resources arguing in court the demerits of MDMA,
instead of the merits of the case."
2)Background : According to the United States Department of
Justice Drug Enforcement Agency, MDMA or Ecstasy is
3,4-methylenedioxymethamphetamine, a ring-substituted
derivative of phenethylamine, which is a close structural
analog of amphetamine, methamphetamine, and 3,4
methylenedioxyethylamphetamine (MDE:Eve). MDMA has both
stimulant and hallucinogenic effects in humans. MDMA has
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analgesic and central stimulating effects; MDMA produces
hyperthermia, memory loss, cognitive impairment, and long-term
neurochemical and brain cell damage. Pharmacologically, MDMA
is an indirect monoaminergic agonist producing a heightened
sense of awareness. MDMA also induces a state characterized
as "excessive talking" (loquacity), which was once believed to
be helpful in psychotherapy. In the 1970's, MDMA was
documented to produce permanent damage to serotonin pathways
in the brains of rats and monkeys. Short-term, high-dose use
of MDMA has produced incidences of an amphetamine-like
psychosis and, in some cases, severe hyperthermia which was
unresponsive to medical intervention leading to death. In the
mid-1990's, it was clearly demonstrated that similar
neurotoxicity was produced in humans self-ingesting MDMA as a
recreational drug. The results of extensive laboratory
testing of humans with a history of MDMA use has shown
cognitive and memory loss, which have been attributed to a
unique interaction between serotonin and midbrain dopamine
systems resulting in the progressive degeneration of nerve
terminals.
MDMA has no approved medical use in the United States. MDMA was
discovered in Germany in 1913 and was patented by a
pharmaceutical company in 1914. MDMA was intended as a
weight-loss (anorectic) drug; but because of its side effects,
MDMA was never marketed. MDMA was re-discovered in the
mid-1960's and was discussed in scientific literature, but
remained outside the control mechanisms for many more years.
During the 1970's, there was an interest by some psychiatrists
in using MDMA as a therapeutic agent because it was reported
to reduce the inhibition of their patients to speak openly
during therapy sessions. The subjective effects of MDMA in
humans include a heightened sense of awareness as well as a
feeling of increased empathy or emotional closeness to others.
The production of MDMA in clandestine laboratories; its
increasing abuse among young people; and evidence of adverse
health effects, including brain damage, led to emergency
scheduling of MDMA into C1 of the Controlled Substance Act in
1985.
Similar to GHB, MDMA is abused by young adults who frequent the
"rave" or "techno" parties which have become popular in large,
urban communities. While these urban rave clubs may be the
usual venue for the acquisition of MDMA, many suburban
communities are experiencing an increased use of MDMA within
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smaller party environments. MDMA has become increasingly
available through high school drug networks through purchases
made in rave clubs. MDMA is usually taken orally in doses
ranging from 50 to 150 milligrams. Doses of MDMA are often
"piggy-backed" on each other in a series over just a few
hours, leading to severe over-heating and cardiac emergencies
which require medical intervention.
3)Federal Controlled Substance Schedules : MDMA was emergency
controlled as a Federal Schedule I controlled substance on
July 1, 1985. The permanent control of MDMA was completed in
1986, but there was a protracted appeal and the federal
scheduling decision did not become final until 1988. Although
there is no similar list of statutory criteria in California
law, this state generally follows federal classification
procedures, as specified:
a) Schedule I :
i) The drug or other substance has a high potential for
abuse.
ii) The drug or other substance has no currently
accepted medical use in treatment in the United States.
iii) There is a lack of accepted safety for use of the
drug or other substance under medical supervision.
b) Schedule II :
i) The drug or other substance has a high potential for
abuse.
ii) The drug or other substance has a currently accepted
medical use in treatment in the United States or a
currently accepted medical use with severe restrictions.
iii) Abuse of the drug or other substances may lead to
severe psychological or physical dependence.
c) Schedule III :
i) The drug or other substance has a potential for
abuse less than the drugs or other substances in
Schedules I and II.
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ii) The drug or other substance has a currently accepted
medical use in treatment in the United States.
iii) Abuse of the drug or other substance may lead to
moderate or low physical dependence or high psychological
dependence.
d) Schedule IV :
i) The drug or other substance has a low potential for
abuse relative to the drugs or other substances in
Schedule III.
ii) The drug or other substance has a currently accepted
medical use in treatment in the United States.
iii) Abuse of the drug or other substance may lead to
limited physical dependence or psychological dependence
relative to the drugs or other substances in Schedule
III.
e) Schedule V :
i) The drug or other substance has a low potential for
abuse relative to the drugs or other substances in
Schedule IV.
ii) The drug or other substance has a currently accepted
medical use in treatment in the United States.
iii) Abuse of the drug or other substance may lead to
limited physical dependence or psychological dependence
relative to the drugs or other substances in Schedule IV.
4)Analog Statute : Health and Safety Code Section 11401,
commonly referred to as an "analog statute", makes the penalty
for the unlawful possession, possession for sale, and sale of
an unscheduled analog of a controlled substance the same as
for the unlawful possession, possession for sale, and sale of
the classified controlled substance. Although unscheduled,
Ecstasy has a chemical composition similar to methamphetamine,
which is a Schedule II controlled substance. In People v.
Silver (1991) 230 Cal.App.3d. 389, the court held that Ecstasy
is an analog of methamphetamine, and offenses involving
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Ecstasy may be prosecuted as if it were methamphetamine. If
this bill becomes law, the penalties for the unlawful
possession, possession for sale, and sale of Ecstasy would be
the same as the penalties which are currently being imposed
under the analog statute.
This bill makes Ecstasy a Schedule II controlled substance. One
of the factors to be considered in determining whether a drug
should be classified as Schedule II is whether the drug or
substance has a currently accepted medical use in treatment in
the United States.
Recently, the Federal Drug Administration (FDA) approved limited
chemical trials of Ecstasy for the treatment of post-traumatic
stress disorder. In the event Ecstasy is approved for general
medical usage by the FDA, placing Ecstasy on Schedule II
allows physicians, with severe restrictions, to prescribe
Ecstasy.
5)Prior Legislation :
a) AB 46 (Bates), of the 2005-06 Legislative Session made
3,4-methyleneoxymethamphetamine (MDMA, XTC, Ecstasy) a
Schedule I controlled substance. AB 46 failed passage in
this Committee.
b) AB 57 (Bates), of the 2003-04 Legislative Session, as
heard by this Committee, made
3,4-methyleneoxymethamphetamine (MDMA, XTC, Ecstasy) a
Schedule II controlled substance. AB 57 failed passage in
the Senate Public Safety Committee.
c) AB 2300 (Bates), of the 2001-02 Legislative Session,
made 3,4-methyleneoxymethamphetamine (MDMA, XTC, Ecstasy) a
Schedule I controlled substance. AB 2300 failed passage in
the Senate Public Safety Committee.
d) AB 1416 (Leach), of the 2001-02 Legislative Session,
made 3,4-methyleneoxymethamphetamine (MDMA, XTC, Ecstasy) a
Schedule I controlled substance. AB 1416 failed passage in
the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
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Office of the Attorney General (Sponsor)
California Narcotics Officers Association
California Peace Officers' Association
California Police Chief Association
California District Attorneys Association
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744