BILL ANALYSIS
AB 1414
Page 1
Date of Hearing: January 12, 2010
Counsel: Kimberly A. Horiuchi
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1414 (Hill) - As Amended: January 4, 2010
SUMMARY : Removes apomorphine from Schedule II of the
California Controlled Substances Act, as specified, and instead
places it on Schedule V, as specified.
EXISTING LAW :
1)Classifies controlled substances in five schedules according
to their danger and potential for abuse. Schedule I
controlled substances have the greatest restrictions and
penalties, including prohibiting the prescribing of a Schedule
I controlled substance. (Health and Safety Code Sections
11054 to 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.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Assembly Bill
1414 would change the placement of the substance apomorphine
from schedule II to schedule V within the California uniform
controlled substances act. Currently, apomorphine is
classified as a schedule II controlled substance, a
classification that is generally defined by drugs that have an
accepted medical value, present a high potential for abuse,
and may lead to severe psychological or physical dependence if
abused. Schedule II substances generally require more
oversight due to the potential dangers associated with misuse
of the substances. However, beyond the name, apomorphine has
little relation to morphine and its properties. While
morphine is appropriately classified as a schedule II
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controlled substance, apomorphine does not meet the criteria
set forth above and should be classified with other
prescription drugs that do not pose such dangers."
2)Federal Controlled Substance Schedules : Although there is no
similar list of statutory criteria in California, this state
generally follows federal classification procedure, 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.
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.
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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.
1)Scheduling of Controlled Substances : California classifies
controlled substances in five schedules according to their
danger and potential for abuse. Schedule I controlled
substances have the greatest restrictions and penalties,
including prohibiting the prescribing of a Schedule I
controlled substance. California does not have formal
controlled substance classification procedure. Instead,
California relies on the federal controlled substance schedule
to determine the appropriateness of scheduling a particular
substance.
21 United States Codes Section 811 gives the United States
Attorney General the authority to add a controlled substance
to the schedule or transfer a controlled substance between the
schedules according to specific criteria. Before initiating
proceedings to control a drug or other substance or remove a
drug or other substance from the schedules, and after
gathering the necessary data, the Attorney General requests a
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scientific and medical evaluation from the Secretary of Health
and Human Services and his or her recommendations as to
whether such drug or other substance should be so controlled
or removed. The recommendations are required to include a
recommendation with respect to the appropriate schedule. If
the Attorney General determines if these facts and all other
relevant data constitute substantial evidence of potential for
abuse such as to warrant control or removal, he or she shall
initiate proceedings for control or removal as the case may
be. As of 1976, Apomorphine does not appear on any federal
schedule.
The Attorney General is required to consider the following
with respect to each drug or substance proposed to be
controlled or removed from the schedules:
a) Its actual or relative potential for abuse.
b) Scientific evidence of its pharmacological effect, if
known.
c) The state of current scientific knowledge regarding the
drug or other substance.
d) Its history and current pattern of abuse.
e) The scope, duration, and significance of abuse.
f) What, if any, risk there is to the public health.
g) Its psychic or physiological dependence liability.
h) Whether the substance is an immediate precursor of a
substance already controlled under this subchapter.
2)Apomorphine : According to the National Library of Medicine,
"Apomorphine is used to treat 'off' episodes (times of
difficulty moving, walking, and speaking that may happen as
medication wears off or at random) in patients with
Parkinson's disease (PD; a disorder of the nervous system that
causes difficulties with movement, muscle control, and
balance) who are taking other medications for their disorder.
Apomorphine will not work to prevent 'off' episodes, but will
help improve symptoms when an episode has already begun.
Apomorphine is in a class of medications called dopamine
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agonists. Apomorphine works by mimicking the action of
dopamine, a natural substance in the brain that is lacking in
patients with PD."
"Side effects include nausea, vomiting, constipation, diarrhea,
headache, yawning, runny nose, weakness, paleness, flushing,
bone or joint pain, pain or difficulty in urination, and
soreness, redness, pain, bruising, swelling, or itching in the
place where you injected apomorphine.
"Some side effects can be serious, although uncommon: shortness
of breath, cough, fast or pounding heartbeat, chest pain,
swelling of the hands, feet, ankles, or lower legs, bruising,
sudden uncontrollable movements, falling down, hallucinations
(seeing things or hearing voices that do not exist),
depression, confusion, abnormal behavior, change in vision,
and painful erection that does not go away. Some laboratory
animals that were given apomorphine developed eye disease. It
is not known if apomorphine increases the risk of eye disease
in humans."
3)Related Legislation : AB 748 (Gilmore) included MDMA and
Ecstasy a Schedule II Controlled Substances. AB 748 is
pending hearing by Senate Committee on Public Safety.
1)Prior Legislation : AB 259 (Adams), Chapter 184, Statutes of
2008, made 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 six months, by a fine of no more than $1,000, or
both.
REGISTERED SUPPORT / OPPOSITION :
Support
None
Opposition
None
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
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