BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 420|
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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
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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.
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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.
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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,
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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
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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
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