BILL ANALYSIS Ó SB 420 Page 1 SENATE THIRD READING SB 420 (Ed Hernandez) As Amended June 28, 2011 Majority vote SENATE VOTE :40-0 PUBLIC SAFETY 6-0 APPROPRIATIONS 16-0 ----------------------------------------------------------------- |Ayes:|Knight, Cedillo, Hagman, |Ayes:|Fuentes, Harkey, | | |Hill, Mitchell, Skinner | |Blumenfield, Bradford, | | | | |Charles Calderon, Campos, | | | | |Donnelly, Gatto, Hall, | | | | |Hill, Lara, Mitchell, | | | | |Nielsen, Norby, Solorio, | | | | |Wagner | ----------------------------------------------------------------- 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 sell, dispense, distribute, furnish, administer, give 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 $1,000, 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 $1,000, 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 SB 420 Page 2 (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 : 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. 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. 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. 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. 5)States that possession for sale, except as authorized by law, of marijuana shall be punished by imprisonment state prison. 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 SB 420 Page 3 do so, shall be punished by imprisonment in state prison for a period of two, three or four years. 7)States that, except as authorized by law, any person who gives 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. 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. FISCAL EFFECT : According to the Assembly Appropriations Committee, unknown, likely minor, non-reimbursable local law enforcement and detention costs, offset to a degree by increased fine revenue. COMMENTS : 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." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Milena Nelson / PUB. S. / (916) 319-3744 FN: 0001566