BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 420|
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THIRD READING
Bill No: SB 420
Author: Hernandez (D)
Amended: 4/4/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 04/12/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Synthetic cannabinoid compounds
SOURCE : Author
DIGEST : This bill provides that 1) possession of no more
than 28.5 grams of a designated synthetic cannabinoid
substance is an infraction, with a maximum fine of $100;
2) possession of more than 28.5 grams of a synthetic
cannabinoid is a misdemeanor, punishable by a jail term of
up to six months, a fine of up to $500, or both; 3)
possession of a synthetic cannabinoid for sale is a
misdemeanor, punishable by a jail term of up to six months,
a fine of up to $1,000 or both; 4) possession by an adult
of a synthetic cannabinoid on school grounds is a
misdemeanor, with a maximum jail term of 10 days, a fine of
up to $500, or both; 5) possession by a minor of a
synthetic cannabinoid on school grounds is a misdemeanor,
punishable by a fine of up to $250 for a first offense, and
for a subsequent offense by confinement for up to 10 days,
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or a fine of up to $500, or both; and 6) the synthetic
cannabinoid substances covered by this bill are designated
by reference to specified chemical names.
Note: For purposes of this analysis, a "synthetic
cannabinoid substance," or a "synthetic cannabinoid"
means the five specific chemicals covered by this
bill, unless otherwise specified.
ANALYSIS : Existing law provides that possession of not
more than 28.5 grams (one ounce) of marijuana is an
infraction, punishable by a fine of up to $100. (Health &
Saf. Code § 11357, subd. (b); Veh. Code § 23222.)
Existing law provides that anyone who possesses more than
28.5 grams of marijuana is guilty of a misdemeanor,
punishable by imprisonment in the county jail for up to six
months, a fine of up to $500, or both. (Health & Saf. Code
§ 11357, subd. (c).)
Existing law provides that possession of marijuana for sale
or distribution is a felony, punishable by a prison term of
16 months, two years or three years, and a fine of up to
$10,000. (Health & Saf. Code § 11359.)
Existing law provides that any person who sells, furnishes,
transports or imports marijuana is guilty of a felony,
punishable by a prison term of two, three or four years,
and a fine of up to $10,000. (Health & Saf. Code § 11360.)
Existing law provides that an adult who possesses not more
than 28.5 grams of marijuana upon school grounds, as
specified, is guilty of a misdemeanor, punishable by
imprisonment in the county jail for no more than10 days, a
fine of up to $500, or both. (Health & Saf. Code § 11357,
subd. (d).)
Existing law provides that a minor who possesses not more
than 28.5 grams of marijuana on school grounds is guilty of
a misdemeanor, punishable by a fine of up to $250 for a
first offense. For a second offense he or she can be
committed to a specified juvenile facility for up to 10
days, fined up to $500, or both. (Health & Saf. Code §
11357, subd. (e).)
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This bill provides that any person who possesses not more
than 28.5 grams (one ounce) of a synthetic cannabinoid
compound is guilty of an infraction, punishable by a fine
of not more than $100.
This bill provides that any person who possesses more than
28.5 grams of a synthetic cannabinoid compound is guilty of
a misdemeanor, punishable by a jail term of up to six
months, a fine of not more than $500, or both.
This bill provides that any adult who possesses not more
than 28.5 grams of a synthetic cannabinoid compound on
school grounds, as specified, is guilty of a misdemeanor,
punishable by a jail term of up to10 days, a fine of up to
$500, or both.
This bill provides that any minor who possesses not more
than 28.5 grams of a synthetic cannabinoid compound on
school grounds is guilty of a misdemeanor, punishable by a
fine of up to $250 for a first offense. For a second
offense, the minor can be committed to a specified juvenile
facility for no more than10 days, fined up to $500, or
both.
This bill provides that any person who possesses for sale
any synthetic cannabinoid compound shall be punished by
imprisonment in the county jail for up to six months, a
fine of up to $1,000, or both.
This bill provides that a synthetic cannabinoid compound
refers to the following:
1-pentyly-3-(1-naphthoyl)indole (JWH-018);
1-butyl-3-(1-naphthoyl)indole (JWH-073);
1-Ý2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole
(JWH-200);
5-(1,1-dimethylheptyl)-2-Ý(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497); and
5-(1,1-dimethyloctyl)-2-Ý(1R,3S)-3-hydroxycyclohexy]-phenyl (cannabicyc-lohexanol; CP-47, 497 C8
homologue)
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
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Local: Yes
SUPPORT : (Verified 5/3/11)
California State Sheriffs' Association
Peace Officers Research Association of California
ARGUMENTS IN SUPPORT : According to the author's office:
This bill would make provide reasonable penalties for
possessing synthetic cannabinoid compounds for use and
for sale. Some people try to pass off this "fake pot"
or synthetic marijuana (actually synthetic cannabinoid
compounds) as "plant food" or "herbal incense."
Buyers can purchase synthetic cannabinoid compounds at
tobacco shops, gas stations, convenience stores,
online, and from other retailers. According to the
DEA, research articles propose that the packaging is
professional and conspicuous, targeting young people,
possibly eager to smoke marijuana, but afraid of
judicial consequences associated with illicit drug
use.
As of March 1, 2011, the U.S. DEA issued an emergency
order temporarily placing five synthetic cannabinoids
into Schedule I of the Controlled Substances Act
(CSA). The action is based on a finding that
cannabinoids pose an "imminent hazard to public
safety."
Based on scientific data currently available,
synthetic cannabinoids have the potential to be
extremely harmful. This bill is needed to avoid any
potential danger to the public safety of California.
According to the U.S. Drug Enforcement Administration,
there are reports of widespread use of synthetic
cannabinoids, chemicals designed for research, not
consumption. The Naval Academy has expelled
midshipman and the Navy and Air Force have disciplined
about 370 personnel combined.
On March 24, 2010, the American Association of Poison
Control Centers reported receiving 112 calls from 15
states about synthetic cannabinoid to U.S. poison
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centers since 2009. Nine months later, the number of
calls increased to over 2,700 from 49 states and the
District of Columbia. At least 18 states, several
countries, and the U.S. military have taken action to
control one or more of these chemicals. Emergency
room physicians report that users of these products
experience serious side effects, including
convulsions, anxiety, dangerously elevated heart
rates, increased blood pressure, vomiting, and
disorientation.
RJG:nl 5/3/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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