Amended in Assembly June 25, 2014

Amended in Senate May 27, 2014

Amended in Senate May 6, 2014

Senate Bill No. 1283

Introduced by Senator Galgiani

February 21, 2014

An act to amend, repeal, and add Sections 11357.5 and 11375.5 of the Health and Safety Code, and to amend, repeal, and add Section 1210 of the Penal Code, relating to controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

SB 1283, as amended, Galgiani. Controlled substances.

(1) Existing law makes it a misdemeanor to sell, dispense, distribute, furnish, administer, or give, to offer to sell, dispense, distribute, furnish, administer, or give, or to possess for sale, any synthetic stimulant compound or any specified synthetic stimulant derivative, including naphthylpyrovalerone and 2-amino-l-phenyl-l-propanone.

Existing law makes it a misdemeanor to sell, dispense, distribute, furnish, administer, or give, or offer to sell, dispense, distribute, furnish, administer, or give, or possess for sale any synthetic cannabinoid compound or any synthetic cannabinoid derivative.

This bill would also make the use or possession of those specified synthetic stimulant compounds or synthetic stimulant derivatives, or any synthetic cannabinoid compound or any synthetic cannabinoid derivative begin delete a crime. The bill would provide that a first offense is punishable as an infraction, a 2nd offense is punishable as an infraction or a misdemeanor, and a 3rd or subsequent offense is punishable as a misdemeanor. end delete begin insert an infraction, punishable by a fine not exceeding $250. end insert By creating new crimes, this bill would impose a state-mandated local program.

The bill would request the Luskin School of Public Affairs at the University of California, Los Angeles, or would require Judicial Council to contract with another entity if the university does not comply with that request, to design an evidence-based education program and treatment model for participation in by individuals convicted of the above-described crimes, as provided. The bill would require Judicial Council to approve the program and treatment model upon a finding that courts can successfully implement the program and education model.

The bill would authorize a defendant, in his or her discretion, to elect to participate in the evidence-based education program and treatment model, if convicted of the above-described crimes, in which case the execution of sentence would be stayed. The bill would specify that upon successful completion of the program, the case against the defendant would be dismissed.

(2) Existing law, the Substance Abuse and Crime Prevention Act of 2000, enacted by Proposition 36 at the November 7, 2000, general election, requires any person convicted of a nonviolent drug possession offense to receive probation. As a condition of probation, a defendant is required to participate in, and complete, an appropriate drug treatment program.

Existing law defines “nonviolent drug possession offense” for purposes of the act to mean the unlawful personal use, possession for personal use, or transportation for personal use of a specified controlled substance, or being under the influence of a controlled substance, as specified.

This bill would additionally define a “nonviolent drug possession offense” to include the begin delete misdemeanor end delete use or possession of a synthetic stimulant compound, synthetic stimulant derivative, synthetic cannabinoid compound, or synthetic cannabinoid derivative. By requiring counties to supervise additional persons on probation, this bill would impose a state-mandated local program.

begin delete

The bill would specify that a defendant convicted of any offense described in (1) above who was granted probation and required to participate in a drug treatment program, and who did not successfully complete that drug treatment program, would be presumed eligible for participation in any available drug court program.

end delete

The bill would make its provisions operative on January 1, 2016.

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 11357.5 of the Health and Safety Code
is amended to read:

11357.5.  

(a) Every person who sells, dispenses, distributes,
furnishes, administers, or gives, or offers to sell, dispense,
distribute, furnish, administer, or give, or possesses for sale any
synthetic cannabinoid compound, or any synthetic cannabinoid
derivative, to any person, is guilty of a misdemeanor punishable
by imprisonment in a county jail not exceeding six months, or by
a fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment.

(b) As used in this section, the term “synthetic cannabinoid
compound” refers to any of the following substances:

(1) 1-pentyl-3-(1-naphthoyl)indole (JWH-018).

(2) 1-butyl-3-(1-naphthoyl)indole (JWH-073).

(3) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole
(JWH-200).

(4) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(CP-47,497).

(5) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(cannabicyclohexanol; CP-47,497 C8 homologue).

(c) This section shall remain in effect only until January 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2016, deletes or extends that date.

SEC. 2.  

Section 11357.5 is added to the Health and Safety
Code, to read:

11357.5.  

(a) Every person who sells, dispenses, distributes,
furnishes, administers, or gives, or offers to sell, dispense,
distribute, furnish, administer, or give, or possesses for sale any
synthetic cannabinoid compound, or any synthetic cannabinoid
derivative, to any person, is guilty of a misdemeanor punishable
by imprisonment in a county jail not to exceed six months, or by
a fine not to exceed one thousand dollars ($1,000), or by both that
fine and imprisonment.

(b) (1) Every person who uses or possesses any synthetic
cannabinoid compound, or any synthetic cannabinoid derivative,
is guilty of begin delete a public offense punishable as follows: end delete

begin delete (A) end delete begin delete   end delete begin delete A first offense is end delete an infraction punishable by a fine not to
exceed two hundred fifty dollars ($250).

begin delete

(B) A second offense is an infraction punishable by a fine not
to exceed two hundred fifty dollars ($250) or a misdemeanor
punishable by imprisonment in a county jail not to exceed six
months, a fine not to exceed five hundred dollars ($500), or by
both that fine and imprisonment.

end delete begin delete

(C) A third or subsequent offense is a misdemeanor punishable
by imprisonment in a county jail not to exceed six months, or by
a fine not to exceed one thousand dollars ($1,000), or by both that
fine and imprisonment.

end delete

(2) A defendant convicted of a violation of paragraph (1), may,
in his or her discretion, elect to participate in the education program
designed and implemented pursuant to paragraph (3). If that
election is made, execution of the sentence imposed pursuant to
paragraph (1) shall be stayed. Upon successful completion of the
education program, the case against the defendant shall be
dismissed.

(3) (A) The Luskin School of Public Affairs at the University
of California, Los Angeles is requested to design, or designate
another entity to design, an evidence-based education program
and treatment model for individuals convicted of a violation of
paragraph (1) begin delete of subdivision (b) end delete or a violation of paragraph (1) of
subdivision (b) of Section 11375.5. If the university does not
comply with that request, the Judicial Council shall contract with
another entity to design that education program and treatment
model.

(B) Prior to implementing the education program and treatment
model designed pursuant to subparagraph (A), the Judicial Council
shall approve that education program and treatment model, upon
finding that courts can successfully implement it. During the
approval process, the Judicial Council may consult with the
Substance Use Disorder Services Divisions of the State Department
of Health Care Services.

(C) Upon approval of the education program and treatment
model pursuant to subparagraph (B), the Judicial Council shall
assist courts in obtaining educational materials required to
implement, and in implementing, that education program and
treatment model. During the implementation process, the Judicial
Council may consult with the Substance Use Disorder Services
Divisions of the State Department of Health Care Services.

begin delete

(4) Notwithstanding any other law, a defendant convicted of a
violation of paragraph (1) who was granted probation and required
to participate in a drug treatment program pursuant to Section
1210.1 of the Penal Code, and who does not successfully complete
that drug treatment program shall be presumed eligible for
participation in any available drug court program.

end delete

(c) As used in this section, the term “synthetic cannabinoid
compound” refers to any of the following substances:

(1) 1-pentyl-3-(1-naphthoyl)indole (JWH-018).

(2) 1-butyl-3-(1-naphthoyl)indole (JWH-073).

(3) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole
(JWH-200).

(4) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(CP-47,497).

(5) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(cannabicyclohexanol; CP-47,497 C8 homologue).

(d) This section shall become operative on January 1, 2016.

SEC. 3.  

Section 11375.5 of the Health and Safety Code is
amended to read:

11375.5.  

(a) Every person who sells, dispenses, distributes,
furnishes, administers, or gives, or offers to sell, dispense,
distribute, furnish, administer, or give, any synthetic stimulant
compound specified in subdivision (b), or any synthetic stimulant
derivative, to any person, or who possesses that compound or
derivative for sale, is guilty of a misdemeanor punishable by
imprisonment in a county jail not exceeding six months, or by a
fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment.

(b) Unless specifically excepted, or contained within a
pharmaceutical product approved by the United States Food and
Drug Administration, or unless listed in another schedule,
subdivision (a) applies to any material, compound, mixture, or
preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system, including
its salts, isomers, esters, or ethers, and salts of isomers, esters, or
ethers whenever the existence of such salts, isomers, esters, or
ethers, and salts of isomers, esters, or ethers is possible within any
of the following specific chemical designations:

(1) Naphthylpyrovalerone whether or not further substituted in
the naphthyl ring to any extent with alkyl, alkoxy, alkylenedioxy,
haloalkyl, or halide substituents, whether or not further substituted
in the naphthyl ring by one or more other univalent substituents,
or whether or not further substituted in the carbon chain at the 3-,
4-, or 5-position with an alkyl substituent.

(2) 2-amino-1-phenyl-1-propanone (cathinone) or variation in
any of the following ways:

(A) By substitution in the phenyl ring to any extent with alkyl,
alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether
or not further substituted in the phenyl ring by one or more other
univalent substituents.

(B) By substitution at the 3-position with an alkyl substituent.

(C) By substitution at the nitrogen atom with alkyl, dialkyl, or
benzyl groups, or by inclusion of the nitrogen atom in a cyclic
structure.

(c) This section shall not prohibit prosecution under any other
provision of law.

(d) This section shall remain in effect only until January 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2016, deletes or extends that date.

SEC. 4.  

Section 11375.5 is added to the Health and Safety
Code, to read:

11375.5.  

(a) Every person who sells, dispenses, distributes,
furnishes, administers, or gives, or offers to sell, dispense,
distribute, furnish, administer, or give, any synthetic stimulant
compound specified in subdivision (c), or any synthetic stimulant
derivative, to any person, or who possesses that compound or
derivative for sale, is guilty of a misdemeanor punishable by
imprisonment in a county jail not to exceed six months, or by a
fine not to exceed one thousand dollars ($1,000), or by both that
fine and imprisonment.

(b) (1) Every person who uses or possesses any synthetic
stimulant compound specified in subdivision (c), or any synthetic
stimulant derivative, is guilty of begin delete a public offense punishable as
follows: end delete

begin delete (A) end delete begin delete   end delete begin delete A first offense is end delete an infraction punishable by a fine not to
exceed two hundred fifty dollars ($250).

begin delete

(B) A second offense is an infraction punishable by a fine not
to exceed two hundred fifty dollars ($250) or a misdemeanor
punishable by imprisonment in a county jail not to exceed six
months, a fine not to exceed five hundred dollars ($500), or by
both that fine and imprisonment.

end delete begin delete

(C) A third or subsequent offense is a misdemeanor punishable
by imprisonment in a county jail not to exceed six months, or by
a fine not to exceed one thousand dollars ($1,000), or by both that
fine and imprisonment.

end delete

(2) A defendant convicted of a violation of paragraph (1) may,
in his or her discretion, elect to participate in the education program
designed and implemented pursuant to paragraph (3) of subdivision
(b) of Section 11357.5. If that election is made, execution of the
sentence imposed pursuant to paragraph (1) shall be stayed. Upon
successful completion of the education program, the case against
the defendant shall be dismissed.

begin delete

(3) Notwithstanding any other law, a defendant convicted of a
violation of paragraph (1) who was granted probation and required
to participate in a drug treatment program pursuant to Section
1210.1 of the Penal Code, and who does not successfully complete
that drug treatment program shall be presumed eligible for
participation in any available drug court program.

end delete

(c) Unless specifically excepted, or contained within a
pharmaceutical product approved by the United States Food and
Drug Administration, or unless listed in another schedule,
subdivisions (a) and (b) apply to any material, compound, mixture,
or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system,
including its salts, isomers, esters, or ethers, and salts of isomers,
esters, or ethers whenever the existence of such salts, isomers,
esters, or ethers, and salts of isomers, esters, or ethers is possible
within any of the following specific chemical designations:

(1) Naphthylpyrovalerone whether or not further substituted in
the naphthyl ring to any extent with alkyl, alkoxy, alkylenedioxy,
haloalkyl, or halide substituents, whether or not further substituted
in the naphthyl ring by one or more other univalent substituents,
or whether or not further substituted in the carbon chain at the 3-,
4-, or 5-position with an alkyl substituent.

(2) 2-amino-1-phenyl-1-propanone (cathinone) or variation in
any of the following ways:

(A) By substitution in the phenyl ring to any extent with alkyl,
alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether
or not further substituted in the phenyl ring by one or more other
univalent substituents.

(B) By substitution at the 3-position with an alkyl substituent.

(C) By substitution at the nitrogen atom with alkyl, dialkyl, or
benzyl groups, or by inclusion of the nitrogen atom in a cyclic
structure.

(d) This section shall not prohibit prosecution under any other
provision of law.

(e) This section shall become operative on January 1, 2016.

SEC. 5.  

Section 1210 of the Penal Code is amended to read:

1210.  

As used in Sections 1210.1 and 3063.1 of this code, and
Division 10.8 (commencing with Section 11999.4) of the Health
and Safety Code, the following definitions apply:

(a) The term “nonviolent drug possession offense” means the
unlawful personal use, possession for personal use, or
transportation for personal use of any controlled substance
identified in Section 11054, 11055, 11056, 11057, or 11058 of the
Health and Safety Code, or the offense of being under the influence
of a controlled substance in violation of Section 11550 of the
Health and Safety Code. The term “nonviolent drug possession
offense” does not include the possession for sale, production, or
manufacturing of any controlled substance and does not include
violations of Section 4573.6 or 4573.8.

(b) The term “drug treatment program” or “drug treatment”
means a state licensed or certified community drug treatment
program, which may include one or more of the following: drug
education, outpatient services, narcotic replacement therapy,
residential treatment, detoxification services, and aftercare services.
The term “drug treatment program” or “drug treatment” includes
a drug treatment program operated under the direction of the
Veterans Health Administration of the Department of Veterans
Affairs or a program specified in Section 8001. That type of
program shall be eligible to provide drug treatment services without
regard to the licensing or certification provisions required by this
subdivision. The term “drug treatment program” or “drug
treatment” does not include drug treatment programs offered in a
prison or jail facility.

(c) The term “successful completion of treatment” means that
a defendant who has had drug treatment imposed as a condition
of probation has completed the prescribed course of drug treatment
as recommended by the treatment provider and ordered by the
court and, as a result, there is reasonable cause to believe that the
defendant will not abuse controlled substances in the future.
Completion of treatment shall not require cessation of narcotic
replacement therapy.

(d) The term “misdemeanor not related to the use of drugs”
means a misdemeanor that does not involve (1) the simple
possession or use of drugs or drug paraphernalia, being present
where drugs are used, or failure to register as a drug offender, or
(2) any activity similar to those listed in (1).

(e) This section shall remain in effect only until January 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2016, deletes or extends that date.

SEC. 6.  

Section 1210 is added to the Penal Code, to read:

1210.  

As used in Sections 1210.1 and 3063.1 of this code, and
Division 10.8 (commencing with Section 11999.4) of the Health
and Safety Code, the following definitions apply:

(a) The term “nonviolent drug possession offense” means the
unlawful personal use, possession for personal use, or
transportation for personal use of any controlled substance
identified in Section 11054, 11055, 11056, 11057, or 11058 of the
Health and Safety Code, the offense of being under the influence
of a controlled substance in violation of Section 11550 of the
Health and Safety Code, the begin delete misdemeanor offense of using or
possessing end delete begin insert use or possession of end insert a synthetic cannabinoid compound
in violation of paragraph (1) of subdivision (b) of Section 11357.5
of the Health and Safety Code, or the begin delete misdemeanor offense of
using or possessing end delete begin insert use or possession of end insert a synthetic stimulant
compound in violation of paragraph (1) of subdivision (b) of
Section 11375.5 of the Health and Safety Code. The term
“nonviolent drug possession offense” does not include the
possession for sale, production, or manufacturing of any controlled
substance and does not include violations of Section 4573.6 or
4573.8.

(b) The term “drug treatment program” or “drug treatment”
means a state licensed or certified community drug treatment
program, which may include one or more of the following: drug
education, outpatient services, narcotic replacement therapy,
residential treatment, detoxification services, and aftercare services.
The term “drug treatment program” or “drug treatment” includes
a drug treatment program operated under the direction of the
Veterans Health Administration of the Department of Veterans
Affairs or a program specified in Section 8001. That type of
program shall be eligible to provide drug treatment services without
regard to the licensing or certification provisions required by this
subdivision. The term “drug treatment program” or “drug
treatment” does not include drug treatment programs offered in a
prison or jail facility.

(c) The term “successful completion of treatment” means that
a defendant who has had drug treatment imposed as a condition
of probation has completed the prescribed course of drug treatment
as recommended by the treatment provider and ordered by the
court and, as a result, there is reasonable cause to believe that the
defendant will not abuse controlled substances in the future.
Completion of treatment shall not require cessation of narcotic
replacement therapy.

(d) The term “misdemeanor not related to the use of drugs”
means a misdemeanor that does not involve (1) the simple
possession or use of drugs or drug paraphernalia, being present
where drugs are used, or failure to register as a drug offender, or
(2) any activity similar to those listed above.

(e) This section shall become operative on January 1, 2016.

SEC. 7.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.