BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1506| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1506 Author: Leno (D) Amended: As introduced Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 4-2, 4/17/12 AYES: Hancock, Calderon, Liu, Steinberg NOES: Anderson, Harman NO VOTE RECORDED: Price SUBJECT : Drug possession for personal use SOURCE : American Civil Liberties Union California Chapter of the NAACP Drug Policy Alliance DIGEST : This bill provides that simple possession of a controlled substance shall be a misdemeanor. ANALYSIS : Existing law classifies controlled substances in five schedules, generally according to their danger and potential for abuse. (Health and Safety Code (HSC) §§ 11054-11058) Existing law provides penalties for sale, possession for sale or distribution, sale or distribution, and manufacturing of controlled substances. (HSC §§ 11350-11401) Existing law, with numerous exceptions, includes the CONTINUED SB 1506 Page 2 following penalties for drug offenses: 1. Heroin, cocaine and other specified drugs (section references are to the HSC): 11350 possession - felony - prison term of 16 months, two years or three years; 11351 possession for sale or distribution - felony - prison for two, three or four years; 11351.5possession of cocaine base (crack) for sale - felony - prison for three, four, five years; and 11352 sale or distribution - felony - three, six or nine years. 2. Methamphetamine and other specified drugs: 11377 possession - alternate felony-misdemeanor; 11378 possession for sale or distribution - felony; and 11379 sale or distribution - felony - two, three or four years. 3. Marijuana: 11357 possession of under an ounce is an infraction; 11357 possession of hashish - alternate felony-misdemeanor; 11358 cultivation or processing - felony; 11359 possession for sale - felony; and 11360 sale or distribution - felony - two, three or four years. Existing law provides that being under the influence of a specified controlled substance is a misdemeanor. (HSC § 11550) Existing law, Proposition 36 (November 2000 election), the Substance Abuse Treatment and Crime Prevention Act of 2000 (SACPA), requires non-violent drug possession offenders to be offered drug treatment on probation, which shall not include incarceration as a condition of probation. (Penal Code §§ 1210.1 and 3063.1) CONTINUED SB 1506 Page 3 Existing law provides that non-violent drug possession offenses include: 1. Unlawful use, possession for personal use, or transportation for personal use of a controlled substance. 2. Being under the influence of a controlled substance. (HSC § 11550) 3. SACPA eligibility is not affected by the classification of the underlying drug possession offense as a felony or misdemeanor. The controlling factor is that the drug is a controlled substance. (Penal Code § 1210) Existing law requires persons who have been convicted of one of a list of numerous drug and drug-related crimes, including possession, possession for sale and sale of various controlled substances to register with the local police chief or sheriff, as specified. The registration requirement does not apply to a person convicted of misdemeanor possession of methamphetamine (or a specified drug such as psilocybin mushrooms). (HSC § 11590) This bill provides that simple possession of a controlled substance is a misdemeanor. This bill makes the registration provisions in HSC § 11590 consistent by providing in each relevant provision that a person convicted of the misdemeanor of possession of methamphetamine (or other specified drugs) is not required to register with law enforcement. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 4/19/12) California Chapter of the NAACP (co-source) Drug Policy Alliance (co-source) American Civil Liberties Union (co-source) Amity Foundation A.W.A.R.E (Always working toward Advancing Recovery Environments) CONTINUED SB 1506 Page 4 Beacon House Association of San Pedro Bi-Valley Medical Clinic, Inc. Broken No More Bristo Anesthesia Service California Association of Alcohol and Drug Program Executives California Attorneys for Criminal Justice California Coalition for Women Prisoners California Drug Counseling, Inc. California Immigrant Policy Center California Opioid Maintenance Providers California Public Defenders Association Californians United for a Responsible Budget Center for Living and Learning Center on Juvenile and Criminal Justice Centerpoint Inc. Communities in Schools Community Coalition Counseling Partners Cri-Help, Inc. Dolores Street Community Services East Bay Community Law Center Ella Baker Center for Human Rights Facts Education Fund Footlights Publishing, Inc. Forward Together Friends Committee on Legislation of California Further the Work, LLC Healthcare Services, Inc. Homeless Health Care Los Angeles Justice Now Law Enforcement Against Prohibition Lawyers' Committee for Civil Rights Leadership through Empowerment, Action, and Dialogue Inc. Legal Services for Children Legal Services for Prisoners with Children Lincoln Memorial Congregational United Church of Christ Los Angeles Community Action Network National Association for Working Women National Association of Social Workers, California Chapter Women's Council National Council on Alcohol and Drug Dependence of the San Fernando Valley National Employment Law Project CONTINUED SB 1506 Page 5 National Gay and Lesbian Task Force Parents for Addiction Treatment and Healing Peace Over Violence People in Progress, Inc. Primary Purpose Substance Free Living Progressive Christians Uniting Rubicon Programs RYSE Youth Center San Fernando Recovery Center San Fernando Valley Veterans Employment Committee SLO Bangers Syringe Exchange Students for Sensible Drug Policy, Berkeley Chapter Tarzana Treatment Centers TGI Justice Project The Greenlining Institute The Salvation Army Hope Harbor Time for Change Foundation Trans-Latina Coalition William C. Velasquez Institute VIP Mentors Walden House West Coast Drug and Alcohol Education Program Youth Justice Coalition OPPOSITION : (Verified 4/19/12) California District Attorneys Association California Narcotics Officers' Association California Police Chiefs Association California State Sheriffs' Association ARGUMENTS IN SUPPORT : According to the author: California annually spends hundreds of millions of taxpayer dollars to incarcerate drug possession defendants - an irresponsible use of scarce resources that exacerbates jail overcrowding. For decades, commissions and bipartisan panels have recommended against lengthy incarceration for these low-level offenders so as to conserve resources and more effectively secure public safety. Under the Public Safety Realignment Act, which keeps most simple drug possession defendants at the county level, the need to prioritize public safety resources and maximize local CONTINUED SB 1506 Page 6 flexibility is urgently needed. SB 1506 will provide for up to one year of incarceration in county jail, and a period of probation not to exceed five years (in practice, three years of probation is common). Participation in drug treatment and/or other programs may be ordered as a condition of probation. Statutory eligibility for drug courts, Prop 36, and other diversion programs will not be affected. SB 1506 will provide counties flexibility to fund these programs, after years of devastating cuts. ARGUMENTS IN OPPOSITION : The California District Attorneys Association argues: Undoubtedly, drugs such as heroin, cocaine, and methamphetamine are highly addictive. Most would concede that drug addictions destroy lives and families, and are damaging to society. Minimizing the consequences of addictive and destructive behavior does not make it less addictive or destructive. Reducing the penalty for possession of these dangerous controlled substances to a misdemeanor will remove much of the incentive to address addiction through participation in such programs as deferred entry of judgment, Proposition 36 treatment, or residential treatment. Helpful enforcement of such "drug terms" of probation such as search clauses and chemical testing as a condition of probation will suffer. Finally, this bill will undoubtedly result in more offenders being sentenced to county jail. Counties are already dealing with the overwhelming impacts of last year's criminal justice realignment and this bill will exacerbate the overcrowding problems that plague our county jails." RJG:mw 4/19/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED SB 1506 Page 7 CONTINUED