BILL ANALYSIS Ó
SB 420
Page 1
Date of Hearing: June 14, 2011
Counsel: Milena Nelson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 420 (Hernandez) - As Amended: April 4, 2011
SUMMARY : Prohibits the sale of any synthetic cannabinoid
compound. Specifically, this bill :
1)States that any person who sells, dispenses, distributes,
furnishes, administers, gives, or offers to sells, dispenses,
distributes, furnishes, administers, gives a synthetic
cannabinoid compound or synthetic cannabinoid compound
derivative, is guilty of a misdemeanor punishable by
imprisonment in a county jail for up to six months, a fine not
to exceed $1000, or both imprisonment and a fine.
2)States that possession for sale, except as authorized by law,
of any synthetic cannabinoid compound or synthetic cannabinoid
compound derivative, shall be punished by imprisonment in a
county jail for not more than six months, by a fine not to
exceed $1000, or both imprisonment and a fine.
3)States that "synthetic cannabinoid compound" refers to any of
the following:
a) 1-pentyl-3-(1-naphthoyl)indole (JWH-018);
b) 1-butyl-3-(1-naphthoyl)indole (JWH-073);
c) 1-Ý2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole
(JWH-200);
d)
5-(1,1-dimethylheptyl)-2-Ý(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497); or,
e)
5-(1,1-dimethyloctyl)-2-Ý(1R,3S)-3-hydroxycyclohexy]-phenol (cannabicyclohexanol; CP-47, 497 C8 homologue).
EXISTING LAW :
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1)States that, except as authorized by law, possession of not
more than 28.5 grams of marijuana is an infraction, and is
punishable by a fine not to exceed $100. ÝHealth and Safety
Code Section 11357(b).]
2)States that, except as authorized by law, possession of more
than 28.5 grams of marijuana shall be punished by imprisonment
in a county jail for not more than six months, by a fine not
to exceed $500, or by both imprisonment and a fine. ÝHealth
and Safety Code Section 11357(c).]
3)States that, except as authorized by law, possession by a
person 18 years of age or older, of not more than 28.5 grams
of marijuana within or on the grounds of any K-12 school
during the hours the school is open for classes or school
related activities is a misdemeanor punishable by a fine not
to exceed $500, by imprisonment in a county jail for 10 days,
or both imprisonment and a fine. ÝHealth and Safety Code
Section 11357(d).]
4)States that, except as authorized by law, possession by a
person under the age of 18, of not more than 28.5 grams of
marijuana within or on the grounds of any K-12 school during
the hours the school is open for classes or school related
programs is a misdemeanor and shall be subject to a
disposition of a fine not to exceed $250 for the first
offense. Upon a second offense, the disposition shall be a
fine not to exceed $500, or commitment to a juvenile hall,
ranch, camp, forestry camp, or secure juvenile home for not
more than 10 days, or both commitment and a fine. ÝHealth and
Safety Code Section 11357(e).]
5)States that possession for sale, except as authorized by law,
of marijuana shall be punished by imprisonment state prison.
(Health and Safety Code Section 11359.)
6)States that, except as authorized by law, a person who
transports, imports into California, sells, furnishes,
administers, or gives away marijuana, or offers or attempts to
do so, shall be punished by imprisonment in state prison for a
period of two, three or four years. ÝHealth and Safety Code
Section 11360(a).]
7)States that, except as authorized by law, any person who gives
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away, offers to give away, transport, or offers or attempts to
transport, not more than 28.5 grams of marijuana, is guilty of
a misdemeanor and shall be punished by a fine not to exceed
$100. ÝHealth and Safety Code Section 11360(b).]
8)Prohibits the sale, dispensing, distribution, furnishing,
administering, giving, or offering to sell, dispense,
distribute, furnish, administer or give Salvia divinorum to
any person who is less than 18 years old. Violation of this
section is a misdemeanor, punishable by imprisonment in the
county jail for not more than six months, by a fine not to
exceed $1,000, or both imprisonment and fine. (Penal Code
Section 379.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill would
improve public safety of California and comply with federal
law, clarifying any confusion about the legality of synthetic
marijuana."
2)Background : According to information provided by the author,
"This bill would change current law to add section 11357.5 to
the Health and Safety Code, adding synthetic cannabinoid
compounds as an illegal controlled substance, punishable by
imprisonment or a fine or both.
"Existing laws attempt to prevent the use of 'analogs' or drugs
that mimic effects of illegal drugs. However, retailers try
to pass off this 'fake pot' or synthetic marijuana as 'plant
food' or 'herbal incense.' Buyers can purchase synthetic
marijuana at tobacco shops, gas stations, convenience stores,
online, and from other retailers. According to the Drug
Enforcement Agency (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, under federal law, the United States DEA
issued the final order to temporarily place five synthetic
cannabinoids into the Controlled Substances Act (CSA). The
action is based on a finding that the placement of these
synthetic cannabinoids into Schedule I of the CSA is necessary
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to avoid an 'imminent hazard to public safety.'
"Based on scientific data currently available, synthetic
cannabinoids have the potential to be extremely harmful and,
therefore, this bill is needed to avoid any potential danger
to the public safety of California.
"According to the United States DEA, there are reports of
widespread use of synthetic marijuana which is not made for
human consumption. In fact, the United States (U.S.) Naval
Academy has investigated the use of synthetic marijuana, which
has led to the expulsion of at least eight midshipmen. The
Navy's Atlantic and Pacific fleets disciplined 113 sailors for
use or possession of synthetic marijuana as of September 30,
2010, while others are still under investigation. The Air
Force alone has disciplined 260 of its personnel over
allegations of synthetic marijuana.
"On March 24, 2010, the American Association of Poison Control
Centers reported receiving 112 calls from 15 states related to
synthetic marijuana to U.S. poison centers since 2009. Just
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 all five branches of the U.S.
military have already taken action to control one or more of
these chemicals. Emergency room physicians report that
individuals that use these types of products experience
serious side effects which include; convulsions, anxiety
attacks, dangerously elevated heart rates, increased blood
pressure, vomiting, and disorientation."
3)Failure of the "War on Drugs" : In June 2011, the Global
Commission on Drug Policy released a report, "War on Drugs",
examining global drug policy over the past half-century. The
purpose of the Commission is to "bring to the international
level an informed, science-based discussion about humane and
effective ways to reduce the harm caused by drugs to people
and societies" and is comprised of current and former heads of
state, public officials, and experts. (Global Commission on
Drug Policy. For a full list of Commission members, please
visit .)
The report states, "The global war on drugs has failed, with
devastating consequences for individuals and societies around
the world. Fifty years after the initiation of the UN Single
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Convention on Narcotic Drugs, and 40 years after President
Nixon launched the US government's war on drugs, fundamental
reforms in national and global drug control policies are
urgently needed.
"Vast expenditures on criminalization and repressive measures
directed at producers, traffickers and consumers of illegal
drugs have clearly failed to effectively curtail supply or
consumption. Apparent victories in eliminating one source or
trafficking organization are negated almost instantly by the
emergence of other sources and traffickers. Repressive
efforts directed at consumers impede public health measures to
reduce HIV/AIDS, overdose fatalities and other harmful
consequences of drug use. Government expenditures on futile
supply reduction strategies and incarceration displace more
cost-effective and evidence-based investments in demand and
harm reduction." ÝGlobal Commission on Drug Policy, War on
Drugs (June 2011).]
Among the recommendations found in the report, the Commission
recommended implementing drug policies and strategies that are
fiscally responsible and are grounded in science, health,
security and human rights, rather than those driven by
ideology and political convenience. (Id. at pg. 3.)
Specifically, the Commission recommends reassessing the manner
in which drugs are scheduled, mentioning cannabis as one drug
that is anomalously scheduled high in proportion to its risk,
as determined by an independent expert assessment of risk.
(Id. at 11-12.) The Commission does not specifically mention
synthetic cannabinoid compounds, but because of the chemical
similarity to cannabis (marijuana), it is likely the
commission would view regulation of such compounds in a
similar manner.
In preparation of the final report, the Commission requested a
number background papers. One of these background papers
examined the effects of current drug policy on the criminal
justice system and incarceration. This paper stated, "The
last three decades have witnessed a global increase in the
criminalization of improper drug use. Criminalization has
resulted in increased use of harsh punitive sanctions imposed
on drug offenders and dramatic increases in rates of
incarceration. These policies have had limited impact on
eliminating or reducing illegal drug use and may have resulted
in adverse consequences for social and community health. The
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criminal justice system has proved to be an ineffective forum
for managing or controlling many aspects of the drug trade or
the problem of illegal drug usage."
"Drug Policy and the incarnation of low-level drug offenders is
the primary cause of mass incarceration in the United States.
40% of drug arrests are for simple possession of marijuana.
There is also evidence that drug enforcement has diverted
resources from law enforcement of violent crimes and other
threats to public safety. Incarceration of law-level drug
offenders has criminogenic effects that increase the
likelihood of recidivism and additional criminal behavior . .
. . Growing evidence indicates that drug treatment and
counseling programs are far more effective in reducing drug
addiction and abuse than is incarceration." ÝBryan Stevenson,
Global Commission on Drug Policy, Drug Policy, Criminal
Justice, and Mass Imprisonment (January 2011) pg. 2.]
4)Argument in Support : According to the California State
Sheriffs' Association , "Existing laws attempt to prevent the
use of 'analogs' or drugs that mimic effects of illegal drugs.
However, retailers try to pass odd this 'fake pot' or
synthetic marijuana as 'plant food' or 'herbal incense.'
Buyers can purchase synthetic marijuana at tobacco shops, gas
stations, convenience stores, online, and from other
retailers. SB 420 is an important measure that would improve
public safety, as well as bring California Law into compliance
with federal law."
5)Argument in Opposition : According to the American Civil
Liberties Union (ACLU), "The ACLU has consistently maintained
that attempts to address the public health problem of drug
abuse through the criminal law is inappropriate, ineffective,
costly, and leads to widespread violations of privacy and
other civil liberties. The state's current reliance on
criminalization of drug abuse does not work and adding new
drugs to the list will do nothing to resolve the problems. We
urge you to consider alternative approaches such as education,
regulation and age restrictions as a more sane and cost
effective method to deal with these particular drugs."
6)Related Legislation :
a) AB 472 (Ammiano) provides that it shall not be a crime
for any person who experiences a drug overdose to seek
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medical assistance or for any other person to seek medical
assistance for a person who overdoses. AB 472 is pending
hearing by the Senate Public Safety Committee.
b) AB 1017 (Ammiano), makes the penalty for the cultivation
of marijuana an alternate felony/misdemeanor. AB 1017
failed passage on the Assembly floor and was granted
reconsideration.
c) AB 1300 (Blumenfield) clarifies that medical marijuana
dispensaries are subject to regulation by local
governments. AB 1300 is in the Senate Rules Committee.
7)Previous Legislation : AB 259 (Adams), Chapter 184, Statutes
of 2008, made the sale or distribution of Salvia divinorum or
Salvinorin A, or any substance or material containing Salvia
divinorum or Salvinorin A, to any person under 18 years of age
a misdemeanor, punishable by imprisonment in a county jail for
not more than six months, by a fine of no more than $1,000, or
both.
REGISTERED SUPPORT / OPPOSITION :
Support
County of Los Angeles
California Peace Officers' Association
California State Sheriffs' Association
Peace Officers' Research Association of California
Opposition
American Civil Liberties Union
California Attorneys for Criminal Justice
California Coalition for Women Prisoners
Drug Policy Alliance
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744