BILL NUMBER: SB 420	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 30, 2011
	PASSED THE ASSEMBLY  JULY 11, 2011
	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, 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 it a misdemeanor to sell, dispense,
distribute, furnish, administer, or give, or offer to sell, dispense,
distribute, furnish, administer, or give, or possess 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.



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) 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-hydroxycyclohexyl]-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.