BILL NUMBER: SB 420 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 28, 2011
AMENDED IN SENATE APRIL 4, 2011
INTRODUCED BY Senator Hernandez
( Principal coauthor: Assembly Member
Hueso )
FEBRUARY 16, 2011
An act to add Section 11357.5 to the Health and Safety Code,
relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 420, as amended, Hernandez. Synthetic cannabinoid compounds.
Existing law, the California Uniform Controlled Substances Act,
classifies controlled substances into 5 designated schedules, with
the most restrictive limitations generally placed on controlled
substances classified in Schedule I, and the least restrictive
limitations generally placed on controlled substances classified in
Schedule V. Under existing law, the sale or distribution of specified
intoxicating substances is a crime, punishable by imprisonment or a
fine or both. Existing law makes the possession of not more than 28.5
grams of marijuana an infraction, and the possession of more than
28.5 grams of marijuana a misdemeanor, as specified. Existing law
makes possession of marijuana for sale a felony.
This bill would make the possession of not more than 28.5
grams of any synthetic cannabinoid compound, as defined, an
infraction and the possession of more than 28.5 grams of any
synthetic cannabinoid compound a misdemeanor, as specified. The bill
would make possession of any synthetic cannabinoid compound for sale
a misdemeanor. bill would make it a misdemeanor to
sell, dispense, distribute, furnish, administer, or give, or offer to
sell, dispense, distribute, furnish, administer, o r
give, or possesses for sale any synthetic cannabinoid
compound or any synthetic cannabinoid derivative.
Because this bill would create a new crime it would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11357.5 is added to the Health and Safety Code,
to read:
11357.5. (a) Except as authorized by law, every person who
possesses not more than 28.5 grams of any synthetic cannabinoid
compound, is guilty of an infraction punishable by a fine of not more
than one hundred dollars ($100).
(b) Except as authorized by law, every person who possesses more
than 28.5 grams of any synthetic cannabinoid compound, shall be
punished by imprisonment in a county jail for a period of not more
than six months or by a fine of not more than five hundred dollars
($500), or by both that fine and imprisonment.
(c) Except as authorized by law, every person 18 years of age or
older who possesses not more than 28.5 grams of any synthetic
cannabinoid compound, upon the grounds of, or within, any school
providing instruction in kindergarten or any of grades 1 through 12,
inclusive, during hours the school is open for classes or
school-related programs is guilty of a misdemeanor and shall be
punished by a fine of not more than five hundred dollars ($500), or
by imprisonment in county jail for a period of not more than 10 days,
or both that imprisonment and fine.
(d) Except as authorized by law, every person under 18 years of
age who possesses not more than 28.5 grams of any synthetic
cannabinoid compound, upon the grounds of, or within, any school
providing instruction in kindergarten or any of grades 1 through 12,
inclusive, during hours the school is open for classes or
school-related programs is guilty of a misdemeanor and shall be
subject to the following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250), upon
a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or
commitment to a juvenile hall, ranch, camp, forestry camp, or secure
juvenile home for a period of not more than 10 days, or both that
commitment or fine, upon a finding that a second or subsequent
offense has been committed.
(e) Every person who possesses for sale any synthetic cannabinoid
compound, except as otherwise provided by law, shall be punished by
imprisonment in a county jail not exceeding six months, or by a fine
not exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.
(f)
11357.5. (a) Every person who sells, dispenses,
distributes, furnishes, administers, or gives, or offers to sell,
dispense, distribute, furnish, administer, or give, or possesses for
sale any synthetic cannabinoid compound, or any synthetic cannabinoid
derivative, to any person, is guilty of a misdemeanor punishable by
imprisonment in a county jail not exceeding six months, or by a fine
not exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.
(b) As used in this section, the term "synthetic
cannabinoid compound" refers to any of the following substances:
(1) 1-pentyl-3-(1-naphthoyl)indole (JWH-018).
(2) 1-butyl-3-(1-naphthoyl)indole (JWH-073).
(3) 1-2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200).
(4) 5-(1,1-dimethylheptyl)-2-(1R,3S)-3-hydroxycyclohexyl]-phenol
(CP-47,497).
(5) 5-(1,1-dimethyloctyl)-2-(1R,3S)-3-hydroxycyclohexy]-phenol
(cannabicyclohexanol; CP-47, 497 C8 homologue).
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.