BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 721
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 721 (Bradford)
          As Amended  June 27, 2013
          Majority vote
           
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          |ASSEMBLY:  |42-32|(May 20, 2013)  |SENATE: |24-15|(August 26,    |
          |           |     |                |        |     |2013)          |
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           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
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          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