BILL ANALYSIS Ó AB 721 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 721 (Bradford) As Amended June 27, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |42-32|(May 20, 2013) |SENATE: |24-15|(August 26, | | | | | | |2013) | ----------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY : Amends existing law to make the transportation of specified controlled substances a felony only if the individual is transporting the controlled substance for sale. The Senate amendments : 1)Define the term "transport" to mean transport for sale. 2)Clarify that amendments to this provision of law do not preclude prosecution under an aiding and abetting theory, or a conspiracy theory. EXISTING LAW : 1)Provides that every person that transports, imports into the state, sells, furnishes, administers, or gives away, or offers to transport, import into the state, sell, furnish, or give away, or attempts to import into this state or transport cocaine, cocaine base, or heroin, or any controlled substance which is a narcotic drug, without a written prescription from a licensed physician, dentist, podiatrist, or veterinarian shall be punished by imprisonment for three, four, or five years. 2)Provides that every person that transports, imports into the state, sells, furnishes, administers, or gives away, or offers to transport, import into the state, sell, furnish, or give away, or attempts to import into this state or transport methamphetamine, or any controlled substance, which is not a narcotic, listed in the controlled substance schedule without a written prescription from a licensed physician, dentist, podiatrist, or veterinarian shall be punished by imprisonment for two, three, or four years. AB 721 Page 2 3)Provides that every person that transports, imports into the state, sells, furnishes, administers, or gives away, or offers to transport, import into the state, sell, furnish, or give away, or attempts to import into this state or transport PCP without a written prescription from a licensed physician, dentist, podiatrist, or veterinarian shall be punished by imprisonment for three, four, or five years. 4)States that any person that transports for sale any controlled substance, as specified, within this state from one county to another noncontiguous county shall be punished by imprisonment for three, six, or nine years. 5)Provides that the possession for the purpose of sale of cocaine or heroin is punishable by two, three, or four years. 6)States that the possession for the purpose of sale of cocaine base is punishable by three, four, or five years. 7)Provides that the possession for the purpose of sale of methamphetamine is punishable by imprisonment for 16 months, two, or three years. 8)States that the possession for the purpose of sale of PCP is punishable by imprisonment for three, four, or five years. 9)Classifies controlled substances in five schedules according to their danger and potential for abuse. Schedule I controlled substances have the greatest restrictions and penalties, including prohibiting the prescribing of a Schedule I controlled substance. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : According to the author, "AB 721 would clarify the Legislature's intent to only apply felony drug transportation charges to individuals involved in drug trafficking or sales. Currently, an ambiguity in state law allows prosecutors to charge drug users - who are not in any way involved in drug trafficking - with TWO crimes for simply being in possession of drugs. While current law makes it a felony for any person to import, distribute or transport drugs, the term 'transportation' AB 721 Page 3 used in the Health and Safety Code has been widely interpreted to apply to ANY type of movement - even walking down the street - and ANY amount of drugs, even if the evidence shows the drugs are for personal use and there is no evidence that the person is involved in drug trafficking. As a result, prosecutors are using this wide interpretation to prosecute individuals who are in possession of drugs for only personal use, and who are not in any way involved in a drug trafficking enterprise. "This bill makes it expressly clear that a person charged with this felony must be in possession of drugs with the intent to sell. Under AB 721, a person in possession of drugs ONLY for personal use would remain eligible for drug possession charges. However, personal use of drugs would no longer be eligible for a SECOND felony charge for transportation." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0001373