BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 484| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 484 Author: Wright (D) Amended: 5/12/09 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 6-1, 4/28/09 AYES: Leno, Benoit, Cedillo, Hancock, Steinberg, Wright NOES: Huff SENATE APPROPRIATIONS COMMITTEE : 7-5, 5/28/09 AYES: Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza, Yee NOES: Cox, Denham, Runner, Walters, Wyland NO VOTE RECORDED: Wolk SUBJECT : Ephedrine and pseudoephedrine SOURCE : Attorney Generals Office DIGEST : This bill provides that any person who obtains ephedrine, pseudoephedrine, and specified related drugs without a prescription, as specified, shall be guilty of an infraction or misdemeanor. ANALYSIS : Existing law classifies controlled substances into five schedules, with the most restrictive limitations placed on controlled substances classified in Schedule I, and the least restrictive limitations placed on controlled substances classified in Schedule V. A controlled substance in any of the schedules may be possessed or CONTINUED SB 484 Page 2 dispensed only upon a lawful prescription, as specified. Existing law does not classify ephedrine, pseudoephedrine, and specified related drugs within any of these five schedules, but provides that it is a crime, punishable as specified, for a person in this state who engages in specified transactions involving those drugs to fail to submit a report to the Department of Justice of all of those transactions, or to fail to submit an application to, and obtain a permit for the conduct of that business from, the Department of Justice, as specified. This bill provides in addition, that any person who obtains ephedrine, pseudoephedrine, and specified related drugs without a prescription, as specified, shall be guilty of an infraction or a misdemeanor. The bill makes conforming changes to related provisions. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 2009-10 2010-11 2011-12 Fund Potential revenue loss Sales Tax $345-4,350$435-4,350 $435-4,350 General PERS Unknown, potential indirect costs to Premiums Potential savings CDCR ($1,989-$3,979) ($1,989-$3,979) ($1,989-$3,979) General Toxic Substance ($500-1,000) ($500-1,000) ($500-1,000) General control Bureau of ($500-1,200) ($500-1,200) ($500-1,200) General Forensic Services SUPPORT : (Verified 5/28/09) SB 484 Page 3 Attorney General's Office (source) California Correctional Supervisors Organization California Fraternal Order of Police California Narcotic Officers' Association California Peace Officers' Association California Pharmacists Association California Police Chiefs Association California Society of Health-System Pharmacists California State Board of Pharmacy California State Sheriffs Association Department of Justice Fresno County Board of Supervisors Office of the District Attorney, City and County of San Francisco Office of the District Attorney, Sacramento County Oregon Association Chiefs of Police Oregon State Pharmacy Association Oregon State Sheriffs Association Long Beach Police Officers Association Los Angeles County District Attorney's Office Los Angeles County Police Chiefs Association Los Angeles County Professional Peace Officers Association Los Angeles County Sheriff's Department Peace Officers Research Association of California San Bernardino County Sheriff's Department San Francisco District Attorney Santa Ana Police Officers Association OPPOSITION : (Verified 5/28/09) Association of California Life and Health Insurance Companies California Grocers Association California Manufacturers and Technology Association California Public Defenders Association California Retailers Association Consumer Healthcare Products Association Friends Committee on Education Health Net Healthcare Distribution Management Association National Association of Chain Drugstores Rite-Aid Schering-Plough SB 484 Page 4 Taxpayers for Improving Public Safety ARGUMENTS IN SUPPORT : The California Peace Officers' Association and the California Police Chiefs Association, which support this bill states, this bill may be the most important anti-methamphetamine bill ever introduced in California. Currently, 90 percent of the methamphetamine that is cooked in this state is produced from pseudoephedrine that is sold in California retail outlets. Clearly, California's current safeguards, as well-intentioned as they were, have not worked. This bill, which is patterned after the very successful Oregon statute, will require that pseudoephedrine products will only be sold via prescription. This will render inoperative the sophisticated smurfing operations that, today, can generate sufficient pseudeophedrine in one day to produce a pound of methamphetamine. ARGUMENTS IN OPPOSITION : The Consumer Healthcare Products Association argues in opposition, "Requiring consumers to obtain a prescription to purchase PSE products would impose substantial, and unnecessary, new costs on consumers and the healthcare system. CHPA supported (requiring) all PSE-containing OTCs to be sold from behind the counter, limits purchases to 3.6 grams per day and 9 grams per 30 days, and requires purchaser signatures in a logbook. California has yet to enact similar restrictions that would give state and local law enforcement jurisdiction to enforce these sales limits. Since the CMEA and similar state restrictions took effect, there has been a 61% nationwide drop in meth lab incidents. California's lab incidents have been reduced by 86%, from a high of 2,579 incidents in 1999 to 349 lab incidents in 2008." Millions of consumers still wait in line at the pharmacy and subject themselves to state and federal criminal prosecution if they exceed legal quantity limits to buy PSE. This demonstrates that for many, PSE is the best remedy even though reformulated products are available on the shelves and are easier to obtain. Prescription status for PSE would mean substantial new costs for these consumers, measured in both time and money, to access important and needed medicines. SB 484 Page 5 RJG:do 5/29/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****