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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