BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 420
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          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                    |
           ----------------------------------------------------------------- 

           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