BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 420
                                                                  Page  1

          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
                                                                  Page  2

           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:










                                                                  SB 420
                                                                  Page  3

            "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