BILL ANALYSIS Ó
AB 1735
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1735 (Hall)
As Amended July 1, 2014
Majority vote
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|ASSEMBLY: |76-0 |(May 27, 2014) |SENATE: |36-0 |(August 11, |
| | | | | |2014) |
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Original Committee Reference: PUB. S.
SUMMARY : Makes it a misdemeanor for any person to dispense or
distribute nitrous oxide to a person if it is known or should
have been known that the nitrous oxide will be ingested or
inhaled by the person for the purposes of causing intoxication,
and that person proximately cause great bodily injury or death
to himself, herself, or any other person.
The Senate amendments redefine the knowledge requirement of the
offense by substituting "known or should have been known" in
place of "knowing or having reason to believe".
EXISTING LAW :
1)Provides that any person that possesses nitrous oxide or any
substance containing nitrous oxide with the intent to breathe,
inhale, ingest for the purposes of causing a condition of
intoxication, elation, euphoria, dizziness, stupefaction, or
dulling of the senses, or for the purposes of, in any manner,
changing, distorting, or disturbing the audio, visual, or
mental processes, or who knowingly with the intent to do so,
is under the influence of nitrous oxide is a guilty of a
misdemeanor punishable by imprisonment in a county jail by a
term not to exceed six months, by a fine not to exceed $1,000,
or by both imprisonment and a fine.
2)States that every person who sells, furnishes, administers,
distributes, or gives away, or offers to sell, furnish,
distribute, or give away a device, canister, tank, or
receptacle either exclusively containing nitrous oxide, or
exclusively containing a chemical compound containing nitrous
oxide to a person under 18 years of age is guilty of a
misdemeanor punishable by imprisonment in a county jail by a
term not to exceed six months, by a fine not to exceed $1,000,
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or by both imprisonment and a fine. The court shall consider
ordering community service as a condition of probation.
3)Provides that it is a defense to the crime of selling nitrous
to a minor if the defendant honestly and reasonably believed
that the minor involved in the offense was at least 18 years
of age. The defendant bears the burden of establishing this
defense by a preponderance of the evidence.
4)Provides that any person who sells, dispenses or distributes
toluene, or any substance or material containing toluene, to
any person under 18 years of age shall be guilty of a
misdemeanor and upon conviction shall be fined in a sum of not
less than $1,000, nor more than $2,500, or by imprisonment for
not less than six months nor more than one year.
5)Provides that the sale or distribution of Salvia divinorum or
Salvinorin A, or any substance or material containing Salvia
divinorum or Salvinorin A, to any person under 18 years of age
a misdemeanor, punishable by imprisonment in a county jail for
not more than six months, by a fine of no more than $1,000, or
by both imprisonment and a fine.
AS PASSED BY THE ASSEMBLY , this bill:
1)Made it a misdemeanor punishable by a term of imprisonment not
to exceed six months, by a fine not to exceed $1,000, or both,
for any person to dispense or distribute nitrous oxide to a
person knowing or having reason to believe that the nitrous
oxide will be ingested or inhaled by the person for the
purposes of causing intoxication, euphoria, dizziness, or
stupefaction and that person proximately cause great bodily
injury or death to himself, herself, or any other person.
2)Required a person that distributes or dispenses nitrous to
record each transaction involving nitrous oxide in a physical
written or electronic document. The person dispensing or
distribution the nitrous oxide shall require the purchaser to
sign the document and provide a residential address and
present a valid government issued photo identification card.
The person dispensing or distributing the nitrous oxide shall
sign and date the document and retain the document at the
business address for one year from the date of the
transaction.
3)Stated that a person dispensing or distributing nitrous oxide
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shall make transaction records available during normal
business hours for inspection and copying by officers and
employees of the California State Board of Pharmacy, or of
other law enforcement agencies of this state or of the United
States upon presentation of a duly authorized search warrant.
4)Required that the document used to record each transaction
shall inform the purchaser of all of the following:
a) The inhalation of nitrous oxide may be hazardous to your
health;
b) That it is a violation of state law to possess nitrous
oxide or any substance containing nitrous oxide with the
intent to breathe, inhale, or ingest it for the purpose of
intoxication;
c) That it is a violation of state law to knowingly
distribute or dispense nitrous oxide or any substance
containing nitrous oxide, to a person who intends to
breathe, ingest, or inhale it for the purpose of
intoxication;
d) Stated that these requirements shall not apply to any
person that administers nitrous oxide for the purpose of
providing medical or dental care if administered by a
medical or dental provider licensed by this state or at the
direction or under the supervision of a practitioner
licensed in this state;
e) Provided that these requirements shall not apply to the
sale or distribution of nitrous oxide by a licensed
wholesaler or manufacturer classified under the North
American Industry Classifications System Code Numbers
325129 or 424690; and,
f) Stated that the above prohibition relating to the sale
of nitrous oxide shall not preclude prosecution under any
other law.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "AB 1735 will make it a
misdemeanor to knowingly distribute Nitrous Oxide to a customer
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for an illegal use and where that person causes great bodily
injury or death, require Nitrous Oxide distributors to provide
customers with written information on the dangers of illegal
Nitrous Oxide use.
"These safeguards will help to reduce the illegal sale and
consumption of Nitrous Oxide, hold distributors and consumers
accountable to ensure its proper use and ultimately reduce the
number of injuries and violent crimes committed as a result of
illegal NOS [nitric oxide synthase] consumption throughout
California."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0004379