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
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|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 |
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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
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(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
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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