BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 420| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 420 Author: Hernandez (D), et al. Amended: 6/28/11 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 04/12/11 AYES: Hancock, Anderson, Calderon, Harman, Liu, Price, Steinberg SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SENATE FLOOR : 40-0, 05/09/11 (Consent) AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon, Cannella, Corbett, Correa, De León, DeSaulnier, Dutton, Emmerson, Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, Runner, Simitian, Steinberg, Strickland, Vargas, Walters, Wolk, Wright, Wyland, Yee ASSEMBLY FLOOR : 73-3, 07/11/11 - See last page for vote SUBJECT : Synthetic cannabinoid compounds SOURCE : Author DIGEST : This bill provides that every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute, furnish, administer, or give, or possesses for sale any synthetic CONTINUED SB 420 Page 2 cannabinoid compound, or any synthetic cannabinoid derivative, to any person, is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding $1,000, or by both that fine and imprisonment. Note: For purposes of this analysis, a "synthetic cannabinoid substance," or a "synthetic cannabinoid" means the five specific chemicals covered by this bill, unless otherwise specified. Assembly Amendments (1) recast and narrow the bill with the same intent as when it left the Senate, (2) add co-authors. ANALYSIS : 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. SB 420 Page 3 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 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. 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. SB 420 Page 4 This bill provides that a synthetic cannabinoid compound refers to the following: 1-pentyly-3-(1-naphthoyl)indole (JWH-018); 1-butyl-3-(1-naphthoyl)indole (JWH-073); 1-Ý2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); 5-(1,1-dimethylheptyl)-2-Ý(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497); and 5-(1,1-dimethyloctyl)-2-Ý(1R,3S)-3-hydroxycyclohexy]-phenyl (cannabicyc-lohexanol; CP-47, 497 C8 homologue) FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 7/12/11) D.A.R.E. America (Drug Abuse Resistance Education) United States Marine Corps California State Sheriffs' Association Los Angeles County Sheriffs' Department California Peace Officers' Association Peace Officers Research Association of California OPPOSITION : (Verified 7/12/11) American Civil Liberties Union California Coalition of Women Prisoners California Attorneys for Criminal Justice ARGUMENTS IN SUPPORT : According to the author's office: This bill would make provide reasonable penalties for possessing synthetic cannabinoid compounds for use and for sale. Some people try to pass off this "fake pot" or synthetic marijuana (actually synthetic cannabinoid compounds) as "plant food" or "herbal incense." Buyers can purchase synthetic cannabinoid compounds at tobacco shops, gas stations, convenience stores, online, and from other retailers. According to the DEA, research articles propose that the packaging is professional and conspicuous, targeting young people, SB 420 Page 5 possibly eager to smoke marijuana, but afraid of judicial consequences associated with illicit drug use. As of March 1, 2011, the U.S. DEA issued an emergency order temporarily placing five synthetic cannabinoids into Schedule I of the Controlled Substances Act (CSA). The action is based on a finding that cannabinoids pose an "imminent hazard to public safety." Based on scientific data currently available, synthetic cannabinoids have the potential to be extremely harmful. This bill is needed to avoid any potential danger to the public safety of California. According to the U.S. Drug Enforcement Administration, there are reports of widespread use of synthetic cannabinoids, chemicals designed for research, not consumption. The Naval Academy has expelled midshipman and the Navy and Air Force have disciplined about 370 personnel combined. On March 24, 2010, the American Association of Poison Control Centers reported receiving 112 calls from 15 states about synthetic cannabinoid to U.S. poison centers since 2009. Nine months later, the number of calls increased to over 2,700 from 49 states and the District of Columbia. At least 18 states, several countries, and the U.S. military have taken action to control one or more of these chemicals. Emergency room physicians report that users of these products experience serious side effects, including convulsions, anxiety, dangerously elevated heart rates, increased blood pressure, vomiting, and disorientation. ARGUMENTS IN OPPOSITION : According to the American Civil Liberties Union (ACLU), "The ACLU has consistently maintained that attempts to address the public health problem of drug abuse through the criminal law is inappropriate, ineffective, costly, and leads to widespread violations of privacy and other civil liberties. The state's current reliance on criminalization of drug abuse does not work and adding new drugs to the list will do SB 420 Page 6 nothing to resolve the problems. We urge you to consider alternative approaches such as education, regulation and age restrictions as a more sane and cost effective method to deal with these particular drugs." ASSEMBLY FLOOR : 73-3, 07/11/11 AYES: Achadjian, Alejo, Allen, Atkins, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Monning, Morrell, Nestande, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NOES: Donnelly, Grove, Nielsen NO VOTE RECORDED: Ammiano, Beall, Gorell, Mitchell RJG:nl 7/12/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****