BILL ANALYSIS �
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