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