BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2603| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2603 Author: V. Manuel Pérez (D), et al. Amended: 8/7/14 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/24/14 AYES: Hancock, Anderson, De León, Knight, Liu, Mitchell, Steinberg ASSEMBLY FLOOR : 79-0, 5/28/14 - See last page for vote SUBJECT : Controlled substances: permissive lawful possession SOURCE : California Attorneys for Criminal Justice DIGEST : This bill provides that it is lawful for a person to possess a prescription controlled substance with the authority of the person for whom the prescription was issued, as specified. Senate Floor Amendments of 8/7/14 substitute the term "intent of the possessor" for "purpose of the possession." ANALYSIS : Existing law: 1. Classifies controlled substances in five schedules according to their danger and potential for abuse. Schedule I controlled substances have the greatest restrictions and CONTINUED AB 2603 Page 2 penalties, including prohibiting the prescribing of a Schedule I controlled substance. 2. Makes it a crime to possess specified controlled substances without a valid prescription from a licensed physician, dentist, podiatrist, or veterinarian. 3. Makes it a crime to transport for sale specified controlled substances unless upon the written prescription of a licensed physician, dentist, podiatrist, or veterinarian. 4. Defines "prescription" for purposes of the Controlled Substances Act (CSA), as "an oral order or electronic transmission prescription for a controlled substance given individually for the person(s) for whom prescribed, directly from the prescriber to the furnisher or indirectly by means of a written order of the prescriber." 5. Defines "ultimate user" for purposes of the CSA, as "a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household." 6. Defines "agent" for purposes of the CSA, as "an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman." 7. Provides that a dangerous drug sold or delivered to a person within California shall be transferred, sold or delivered only to: A. An entity licensed by the Pharmacy Board; B. A manufacturer; C. An ultimate user; or D. The ultimate user's agent. 1. States that no person shall possess any controlled substance, except that furnished to a person upon the prescription of a physician, dentist, podiatrist, veterinarian, or other specified persons in the medical field. CONTINUED AB 2603 Page 3 2. States that no prescription for a controlled substance shall be furnished to any person unknown and unable to properly establish his/her identity. 3. Allows the Pharmacy Board to establish procedures to prevent unauthorized persons from receiving prescription drugs furnished to a patient or a representative of the patient. This bill provides that it is not unlawful for a person other than the prescription holder to possess a prescribed controlled substance under the following circumstances: 1. The possession of the prescribed controlled substance is at the direction or with the express authorization of the prescription holder; and 2. The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner. Comments According to the author: Relevant provisions in the Business and Professions Code regulating pharmacies allow a prescription holder's "agent" or "representative" to pick up the prescription and deliver it to the prescription holder. This agent is usually, and very often, a family member. This is especially likely where the prescription holder is too sick or frail to go the pharmacy. The Board of Pharmacy also may promulgate regulations "to prevent unauthorized persons from receiving drugs furnished to a patient or representative of the patient." ? This appears to establish a clear legislative intent that a representative or agent of a patient - such as a family member or friend - may pick up a prescription and deliver it to the patient. However, the Health and Safety Code provisions on controlled substances appear to criminalize possession of a controlled substance by any person other than the holder of the prescription. The controlled substance statutes do not include an exception or privilege for possession for the sole CONTINUED AB 2603 Page 4 purpose of delivering a drug to the holder of a valid prescription. A recent decision of the Court of Appeal - that has been depublished by order of the Supreme Court - essentially held that the Health and Safety Code controlled substance statutes trump the Business and Professions Code provisions that authorize an agent or representative of a patient to deliver a prescription to the holder of the prescription. While the appellate case no longer is valid law, it still illustrates a problematic conflict in the law. AB 2603 addresses the conflict or inconsistency between the Business and Professions Code and the Health and Safety Code. AB 2603 clarifies and establishes the prescription defense in the Health and Safety Code. This bill will clarify that a family member or friend will not inadvertently violate the law by picking up and delivering a prescription to the prescription holder. This is especially important to ensure that the ill, elderly and residents of remote areas can obtain the medications they need. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 8/8/14) California Attorneys for Criminal Justice (source) California Association for Nursing Home Reform California Public Defenders Association California Senior Legislature Congress of California Seniors Consumer Federation of California Drug Policy Alliance Legal Services for Prisoners with Children Taxpayers for Improving Public Safety ASSEMBLY FLOOR : 79-0, 5/28/14 AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi, CONTINUED AB 2603 Page 5 Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Vacancy JG:k 8/12/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED