BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 420
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          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