BILL ANALYSIS Ó
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Date of Hearing: July 5, 2011
ASSEMBLY COMMITTEE ON HEALTH
William W. Monning, Chair
ACR 69 (Hueso) - As Amended: June 22, 2011
SUBJECT : Synthetic cannabinoids and stimulants.
SUMMARY : Urges law enforcement, first responders, schools,
local elected officials, and parents to educate youth and raise
awareness about the risks associated with synthetic drugs.
Specifically, this resolution :
1)Makes numerous findings and declarations relating to the
alarming increase in the use of synthetic cannabinoids and
stimulants among young people and those on probation and
parole; the growing threat to public health and safety from
the use of these substances; and, the need to regulate
synthetic drugs in California.
2)Calls on law enforcement, first responders, schools, local
elected officials, and parents to educate youth and raise
awareness about the risks associated with synthetic drugs.
EXISTING LAW provides for the federal Controlled Substances Act
(CSA) to regulate the manufacture, importation, possession, use,
and distribution of specified controlled substances.
FISCAL EFFECT : None
COMMENTS :
1)PURPOSE OF THIS RESOLUTION . According to the author,
synthetic cannabinoids and stimulants are growing in use and
have become an increasingly significant problem in California.
The author asserts that, due to sophisticated marketing, the
products that contain these synthetic substances are typically
advertised as herbal incense, bath salts, or plant food and
perceived as "legal" alternatives to marijuana and cocaine.
The author states that because synthetic cannabinoids are
referred to as the new marijuana and synthetic stimulants as
the new cocaine, they are gaining popularity at an alarming
rate among high school and college students. The author notes
that synthetic drugs can cause seizures, hallucinations,
paranoia, and panic attacks, and have been attributed to at
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least nine deaths in the U.S. last year. Lastly, the author
points out that because the manmade nature of synthetic
cannabinoids and synthetic stimulants make these substances
difficult to regulate, this resolution aims to highlight the
need for a public awareness campaign to warn people about the
dangers of synthetic drugs.
2)BACKGROUND . According to testimony provided by the federal
Drug Enforcement Administration (DEA) at an April 2011
congressional hearing, synthetic cannabinoids are a large
family of compounds that are biologically and functionally
similar to tetrahydrocannabinol (commonly known as THC), the
main active ingredient in marijuana. These chemicals have not
been approved by the federal Food and Drug Administration for
human consumption and there is no regulatory oversight of the
manufacturing process. Brands such as "Spice," "K2," "Blaze,"
and "Red X Dawn" are labeled as "herbal incense" to hide their
intended purpose. They are marketed as a "legal" alternative
to marijuana or other drugs and have become increasingly
popular among teens and young adults.
The adverse health effects associated with the use of synthetic
cannabinoids and their related products include agitation,
anxiety, nausea, vomiting, a fast, racing heartbeat, elevated
blood pressure, seizures, hallucinations, paranoid behavior,
and non-responsiveness. Smoking synthetic cannabinoids for
the purpose of achieving intoxication and experiencing the
psychoactive effects has been identified as a reason for
emergency room visits and calls to poison control centers.
The American Association of Poison Control Centers (AAPCC)
reports that, in the first three months of this year, poison
control centers have received nearly 1,300 calls about
synthetic marijuana, compared with 2,874 calls for all of
2010.
The DEA reports that synthetic substances that have stimulant
and psychoactive properties when ingested are another serious
drug threat that has recently increased in popularity among
young people. These synthetic stimulants are marketed as
"bath salts" or "plant food" in retail outlets and over the
Internet and sold under a variety of brand names including
"Ivory Wave," "Purple Wave," "Vanilla Sky," and "Bliss." They
are indirectly marketed as "legal" alternatives to such
controlled substances as cocaine, amphetamine, and ecstasy and
abused for their desired effects, such as euphoria, alertness,
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and talkativeness. According to the AAPCC, poison control
centers took 301 calls in all of 2010 for synthetic stimulants
but report more than 1,400 for the first three months of 2011.
The DEA indicates that both synthetic cannabinoids and synthetic
stimulants are "designer drugs" that are manufactured and
distributed in an attempt to circumvent the CSA. According to
the DEA, they are marketed in a manner that masks their
intended purpose and are labeled with a statement indicating
that package contents are "not for human consumption," or are
"for novelty use only."
3)RECENT FEDERAL ACTION . The CSA allows the U.S. Attorney
General (AG) to place a substance temporarily into the class
of Schedule I controlled substances, meaning it is considered
to have no medicinal value and high potential for abuse, when
necessary to avoid an imminent hazard to public safety. On
March 1, 2011, the AG issued a final order temporarily placing
five synthetic cannabinoids into the CSA. As a result of this
order, the full effect of the CSA and its implementing
regulations, including criminal, civil, and administrative
penalties, sanctions, and regulatory controls of Schedule I
substances will apply to the manufacture, distribution,
possession, importation, and exportation of these particular
substances.
According to the DEA, the temporary placement of the five
synthetic cannabinoids into Schedule I of the CSA is warranted
for three reasons. First, these substances are not intended
for human consumption, yet the DEA notes there has been a
rapid and significant increase in their abuse in the U.S., and
as a result of this abuse, several synthetic cannabinoids are
banned or controlled in at least 21 states and all branches of
the U.S. military prohibit their personnel from possessing or
using synthetic cannabinoids. Second, the DEA states that,
before these substances were temporarily controlled as
Schedule I substances, law enforcement agencies seized them in
conjunction with controlled substances, and based on reports
from law enforcement agencies and health care professionals,
synthetic cannabinoids were being abused for their
psychoactive properties. Third, the DEA points out that
numerous state and local public health departments and poison
control centers have issued health warnings describing the
adverse health effects associated with synthetic cannabinoids.
Consequently, the DEA states that these five substances have
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the potential to be extremely harmful and, therefore, pose an
imminent hazard to the public safety.
4)RELATED LEGISLATION . SB 420 (Ed Hernandez) conforms
California law to the recent federal order by prohibiting the
sale of any synthetic cannabinoid compound. SB 420 is pending
in the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Cassie Royce / HEALTH / (916) 319-2097