BILL ANALYSIS Ó
SB 420
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Date of Hearing: July 6, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 420 (Hernandez) - As Amended: June 28, 2011
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill generally conforms penalties for sale of synthetic
cannabinoids with penalties for the sale of marijuana,
specifying that sale or possession for sale of a synthetic
cannabinoid is a misdemeanor, punishable by a fine of up to six
months in county jail and/or a fine of up to $1,000.
Specifies that synthetic cannabinoid compound refers to the
following:
1)1-pentyly-3-(1-naphthoyl)indole (JWH-018)
2)1-butyl-3-(1-naphthoyl)indole (JWH-073)
3)1-Ý2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole
(JWH-200)
4)5-(1,1-dimethylheptyl)-2-Ý(1R,3S)-3-hydroxycyclohexyl]-phe
nol (CP-47,497)
5)5-(1,1-dimethyloctyl)-2-Ý(1R,3S)-3-hydroxycyclohexy]-pheny
l (cannabicyc-lohexanol; CP-47, 497 C8 homologue)
FISCAL EFFECT
Unknown, likely minor, non-reimbursable local law enforcement
and detention costs, offset to a degree by increased fine
revenue.
COMMENTS
1)Rationale . The author and proponents contend this bill will
protect public safety and conform to temporary federal
controlled substances scheduling.
SB 420
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2)Synthetic cannabinoids are chemically engineered substances,
similar to THC - the active ingredient in marijuana - that
when ingested, can produce a high similar to marijuana.
According to information from the National Council of State
Legislatures (NCSL), these substances - originally developed
for research related to pain treatment and the effects of
cannabis on the brain - these substances have recently become
a popular alternative to marijuana. Sprayed onto dried herbs,
the substances are marketed under names such as "Spice," "K2"
or "Genie" and sold legally in local convenience stores or
over the Internet. As of this month, 30 states have banned
synthetic cannabinoids.
The American Association of Poison Control Centers (AAPCC)
reports that synthetic cannabinoids are an emerging
phenomenon. In an April 2011 release, AAPCC cited more than
4,500 calls to poison control centers involving synthetic
cannabinoid products since 2010. Only 14 such calls were
received in 2009.
In March 2011, the Federal Drug Enforcement Agency announced
an emergency ban on the five synthetic cannabinoids referenced
in SB 420. The temporary control adds these substances to the
list of Schedule I controlled substances in the Controlled
Substances Act and remains effective for at least 12 months.
3)The efficacy of criminalizing specific synthetic cannabinoid
compounds is questionable . As noted in the Senate Public
Safety Committee analysis, while synthetic cannabinoids are
often - and inaccurately - described as synthetic marijuana or
synthetic THC, synthetic cannabinoids are not chemically
related to THC. If synthetic cannabinoids were chemically
similar to THC, these substances would be classified as
controlled substances, because under California law,
controlled substance analogs are considered controlled
substances. Also, synthetic cannabinoids are diverse in
chemical structure and effect, which makes it difficult to
draft a statute generically banning synthetic cannabinoids.
Presumably hundreds of synthetic cannabinoids could be
developed.
A March 1, 2011, story on Minnesota Public Radio's website
illustrates the efficacy issue:
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"The owner of a Duluth head shop says a new federal ban on the
sale of five chemicals used to make synthetic marijuana won't
make much difference - he'll just stock brands that use other,
still-legal substances.
"Jim Carlson, owner of the Last Place on Earth, said he will
still stock top-selling brands of fake pot, which contain
organic leaves coated with chemicals that provide a
marijuana-like high when smoked.
" 'We're just going to pull in the ones with different
compounds - and they are readily available,' Carlson told the
Duluth News Tribune?.
"Carlson said that with about 210 similar chemicals available,
the manufacturers will try to keep one step ahead of the
government
" 'Unfortunately he is correct,' said Barbara Carreno, a DEA
spokeswoman in Washington, who confirmed Tuesday that many
suppliers are offering retailers products with new chemicals.
'There are many of these substances and we chose five common
ones because we don't have the resources to study all of
them.'
'Let's say I had a liquor store, and you like gin, and they
say you can't have gin anymore,' he said. 'Well, you're
probably going to keep coming back, but now you'll buy vodka.'
Analysis Prepared by : Geoff Long / APPR. / (916)
319-2081