BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1414|
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THIRD READING
Bill No: AB 1414
Author: Hill (D)
Amended: 3/8/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/15/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
ASSEMBLY FLOOR : 73-0, 1/27/10 - See last page for vote
SUBJECT : Apomorphine: controlled substances
SOURCE : Author
DIGEST : This bill removes apomorphine from the
controlled substance schedules.
ANALYSIS : Existing law 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 & Safety Code Section 11054 to 11058.)
Existing law includes apomophine in Schedule II of the
controlled substance schedules. (Health & Safety Code
Section 11055, subdivision (b)(1)(G).)
Existing law provides that possession of apomorphine is a
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felony, punishable by a prison term of 16 month, two years
or three years and a fine of up to $10,000. (Health &
Safety Code Section 11350.)
Existing law provides that possession of apomorphine for
sale is a felony, punishable by a prison term of two, three
or four years and a fine of up to $10,000. (Health &
Safety Code Section 11351.)
Existing law provides that selling, providing or furnishing
apomorphine is a felony, punishable by a prison term or
three, four or five years and a fine of up to $10,000.
(Health & Safety Code Section 11352.)
Existing federal law includes controlled substance
schedules based on the following criteria:
Schedule I
The drug has a high potential for abuse.
The drug has no currently accepted medical use in
treatment in the United States.
There is a lack of accepted safety for use of the
drug under medical supervision.
Schedule II
The drug has a high potential for abuse.
The drug has a currently accepted medical use in
treatment in the United States or a currently accepted
medical use with severe restrictions.
Abuse of the drug may lead to severe psychological
or physical dependence.
Schedule III
The drug has a potential for abuse less than the
drugs or other substances in Schedules I and II.
The drug has a currently accepted medical use in
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treatment in the United States.
Abuse of the drug or other substance may lead to
moderate or low physical dependence or high
psychological dependence.
Schedule IV
The drug has a low potential for abuse relative to
the drugs in Schedule III.
The drug has a currently accepted medical use in
treatment in the United States.
Abuse of the drug may lead to limited physical
dependence or psychological dependence relative to the
drugs or other substances in Schedule III.
Schedule V
The drug has a low potential for abuse relative to
the drugs or other substances in Schedule IV.
The drug has a currently accepted medical use in
treatment in the United States.
Abuse of the drug may lead to limited physical
dependence or psychological dependence relative to the
drugs or other substances in Schedule IV. (21 USC
Section 812.)
Existing federal law classifies opiates and narcotic drugs
in the federal schedules, particularly in Schedule II. (21
USC Section 812.)
Existing federal regulations exclude apomorphine (and other
specified drugs) from the regulations that implement the
federal controlled substances law. (21 CFR 1308.12
(b)(1).)
This bill removes apomorphine, currently included in
Schedule II, from the schedules of the California
Controlled Substances Act.
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Background
Apomorphine Background Information . According to the
National Library of Medicine at the National Institutes of
Health, "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 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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/16/10)
California Healthcare Institute
San Bernardino Sheriff's Department
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ARGUMENTS IN SUPPORT : According to the author's office,
this bill removes the substance apomorphine from California
controlled substances schedules. 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 controlled substance, apomorphine does not
meet the criteria set forth above and should be classified
as a standard, non-scheduled prescription drug.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Chesbro, Conway, Cook, Coto, Davis, De La
Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller,
Monning, Nava, Nestande, Niello, Nielsen, John A. Perez,
Portantino, Ruskin, Salas, Saldana, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torres,
Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Carter, Hall, V. Manuel Perez,
Torlakson, Bass
RJG:do 6/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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