SB 1283, as amended, Galgiani. Controlled substances.
(1) Existing
end deletebegin insertExistingend insert 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 billbegin delete wouldend deletebegin insert
would, beginning January 1, 2016,end insert 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 an infraction, punishable by a fine not exceeding $250. 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.
end deleteThe 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.
end delete(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.
end deleteExisting 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.
end deleteThis bill would additionally define a “nonviolent drug possession offense” to include the 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.
end deleteThe bill would make its provisions operative on January 1, 2016.
end delete(3)
end deleteThe 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 11357.5 of the Health and Safety Code
2 is amended to read:
(a) Every person who sells, dispenses, distributes,
4furnishes, administers, or gives, or offers to sell, dispense,
5distribute, furnish, administer, or give, or possesses for sale any
6synthetic cannabinoid compound, or any synthetic cannabinoid
7derivative, to any person, is guilty of abegin delete misdemeanorend deletebegin insert misdemeanor,end insert
8 punishable by imprisonment in a county jail not exceeding six
9months, or by a fine not exceeding one thousand dollars ($1,000),
10or by both that fine and imprisonment.
11(b) As used in this section, the term “synthetic
cannabinoid
12compound” refers to any of the following substances:
13(1) 1-pentyl-3-(1-naphthoyl)indole (JWH-018).
14(2) 1-butyl-3-(1-naphthoyl)indole (JWH-073).
15(3) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole
16(JWH-200).
17(4) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
18(CP-47,497).
19(5) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
20(cannabicyclohexanol; CP-47,497 C8 homologue).
21(c) This section shall remain in effect only until January 1, 2016,
22and as of that date is repealed, unless a later
enacted statute, that
23is enacted before January 1, 2016, deletes or extends that date.
Section 11357.5 is added to the Health and Safety
25Code, to read:
(a) Every person who sells, dispenses, distributes,
27furnishes, administers, or gives, or offers to sell, dispense,
28distribute, furnish, administer, or give, or possesses for sale any
29synthetic cannabinoid compound, or any synthetic cannabinoid
30derivative, to any person, is guilty of abegin delete misdemeanorend deletebegin insert misdemeanor,end insert
31 punishable by imprisonment in a county jail not to exceed six
32months, or by a fine not to exceed one thousand dollars ($1,000),
33or by both that fine and imprisonment.
P4 1(b) begin delete(1)end deletebegin delete end deleteEvery
person who uses or possesses any synthetic
2cannabinoid compound, or any synthetic cannabinoid derivative,
3is guilty of anbegin delete infractionend deletebegin insert infraction,end insert punishable by a fine not to
4exceed two hundred fifty dollars ($250).
5(2) A defendant convicted of a violation of paragraph (1), may,
6in his or her discretion, elect to participate in the education program
7designed and implemented pursuant to paragraph (3). If that
8election is made, execution of the sentence imposed pursuant to
9paragraph (1) shall be stayed. Upon successful completion of the
10education program, the case against the defendant shall be
11dismissed.
12(3) (A) The Luskin School of Public Affairs at the University
13of California, Los Angeles is requested to design, or designate
14another entity to design, an evidence-based education program
15and treatment model for individuals convicted of a violation of
16paragraph (1) or a violation of paragraph (1) of subdivision (b) of
17Section 11375.5.
If the university does not comply with that
18request, the Judicial Council shall contract with another entity to
19design that education program and treatment model.
20(B) Prior to implementing the education program and treatment
21model designed pursuant to subparagraph (A), the Judicial Council
22shall approve that education program and treatment model, upon
23finding that courts can successfully implement it. During the
24approval process, the Judicial Council may consult with the
25Substance Use Disorder Services Divisions of the State Department
26of Health Care Services.
27(C) Upon approval of the education program and treatment
28model pursuant to subparagraph (B), the Judicial Council shall
29assist courts in obtaining educational materials required to
30implement, and in
implementing, that education program and
31treatment model. During the implementation process, the Judicial
32Council may consult with the Substance Use Disorder Services
33Divisions of the State Department of Health Care Services.
34(c) As used in this section, the term “synthetic cannabinoid
35compound” refers to any of the following substances:
36(1) 1-pentyl-3-(1-naphthoyl)indole (JWH-018).
37(2) 1-butyl-3-(1-naphthoyl)indole (JWH-073).
38(3) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole
39(JWH-200).
P5 1(4) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
2(CP-47,497).
3(5) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
4(cannabicyclohexanol; CP-47,497 C8 homologue).
5(d) This section shall become operative on January 1, 2016.
Section 11375.5 of the Health and Safety Code is
7amended to read:
(a) Every person who sells, dispenses, distributes,
9furnishes, administers, or gives, or offers to sell, dispense,
10distribute, furnish, administer, or give, any synthetic stimulant
11compound specified in subdivision (b), or any synthetic stimulant
12derivative, to any person, or who possesses that compound or
13derivative for sale, is guilty of abegin delete misdemeanorend deletebegin insert misdemeanor,end insert
14 punishable by imprisonment in a county jail not exceeding six
15months, or by a fine not exceeding one thousand dollars ($1,000),
16or by both that fine and imprisonment.
17(b) Unless specifically excepted, or contained within a
18pharmaceutical product approved by the United States Food and
19Drug Administration, or unless listed in another schedule,
20subdivision (a) applies to any material, compound, mixture, or
21preparation which contains any quantity of the following substances
22having a stimulant effect on the central nervous system, including
23its salts, isomers, esters, or ethers, and salts of isomers, esters, or
24ethers whenever the existence of such salts, isomers, esters, or
25ethers, and salts of isomers, esters, or ethers is possible within any
26of the following specific chemical designations:
27(1) Naphthylpyrovalerone whether or not further substituted in
28the naphthyl ring to any extent with alkyl, alkoxy, alkylenedioxy,
29haloalkyl, or halide substituents, whether or not further substituted
30in the
naphthyl ring by one or more other univalent substituents,
31or whether or not further substituted in the carbon chain at the 3-,
324-, or 5-position with an alkyl substituent.
33(2) 2-amino-1-phenyl-1-propanone (cathinone) or variation in
34any of the following ways:
35(A) By substitution in the phenyl ring to any extent with alkyl,
36alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether
37or not further substituted in the phenyl ring by one or more other
38univalent substituents.
39(B) By substitution at the 3-position with an alkyl substituent.
P6 1(C) By substitution at the nitrogen atom with alkyl, dialkyl, or
2benzyl groups, or by inclusion of the nitrogen atom in a
cyclic
3structure.
4(c) This section shall not prohibit prosecution under any other
5provision of law.
6(d) This section shall remain in effect only until January 1, 2016,
7and as of that date is repealed, unless a later enacted statute, that
8is enacted before January 1, 2016, deletes or extends that date.
Section 11375.5 is added to the Health and Safety
10Code, to read:
(a) Every person who sells, dispenses, distributes,
12furnishes, administers, or gives, or offers to sell, dispense,
13distribute, furnish, administer, or give, any synthetic stimulant
14compound specified in subdivision (c), or any synthetic stimulant
15derivative, to any person, or who possesses that compound or
16derivative for sale, is guilty of abegin delete misdemeanorend deletebegin insert misdemeanor,end insert
17 punishable by imprisonment in a county jail not to exceed six
18months, or by a fine not to exceed one thousand dollars ($1,000),
19or by both that fine and imprisonment.
20(b) begin delete(1)end deletebegin delete end deleteEvery person who uses or possesses any synthetic
21stimulant compound specified in subdivision (c), or any synthetic
22stimulant derivative, is guilty of anbegin delete infractionend deletebegin insert infraction,end insert punishable
23by a fine not to exceed two hundred fifty dollars ($250).
24(2) A defendant convicted of a violation of paragraph (1) may,
25in his or her discretion, elect to participate in the education program
26designed and implemented pursuant to paragraph (3) of subdivision
27(b) of Section 11357.5. If that election is made, execution of the
28sentence imposed pursuant to paragraph (1) shall be stayed. Upon
29successful completion of the education program, the case against
30the defendant shall be dismissed.
31(c) Unless specifically excepted, or contained within a
32pharmaceutical product approved by the United States Food and
33Drug Administration, or unless listed in another schedule,
34subdivisions (a) and (b) apply to any material, compound, mixture,
35or preparation which contains any quantity of the following
36substances having a stimulant effect on the central nervous system,
37including its salts, isomers, esters, or ethers, and salts of isomers,
38esters, or ethers whenever the existence of such salts, isomers,
39esters, or ethers, and salts of isomers, esters, or ethers is possible
40within any of the following specific chemical designations:
P7 1(1) Naphthylpyrovalerone whether or not further substituted in
2the naphthyl ring to any extent with alkyl, alkoxy, alkylenedioxy,
3haloalkyl, or halide
substituents, whether or not further substituted
4in the naphthyl ring by one or more other univalent substituents,
5or whether or not further substituted in the carbon chain at the 3-,
64-, or 5-position with an alkyl substituent.
7(2) 2-amino-1-phenyl-1-propanone (cathinone) or variation in
8any of the following ways:
9(A) By substitution in the phenyl ring to any extent with alkyl,
10alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether
11or not further substituted in the phenyl ring by one or more other
12univalent substituents.
13(B) By substitution at the 3-position with an alkyl substituent.
14(C) By substitution at the nitrogen atom with alkyl, dialkyl, or
15benzyl
groups, or by inclusion of the nitrogen atom in a cyclic
16structure.
17(d) This section shall not prohibit prosecution under any other
18provision of law.
19(e) This section shall become operative on January 1, 2016.
Section 1210 of the Penal Code is amended to read:
As used in Sections 1210.1 and 3063.1 of this code, and
22Division 10.8 (commencing with Section 11999.4) of the Health
23and Safety Code, the following definitions apply:
24(a) The term “nonviolent drug possession offense” means the
25unlawful personal use, possession for personal use, or
26transportation for personal use of any controlled substance
27identified in Section 11054, 11055, 11056, 11057, or 11058 of the
28Health and Safety Code, or the offense of being under the influence
29of a controlled substance in violation of Section 11550 of the
30Health and Safety Code. The term “nonviolent drug possession
31offense” does not include the possession for sale, production, or
32manufacturing
of any controlled substance and does not include
33violations of Section 4573.6 or 4573.8.
34(b) The term “drug treatment program” or “drug treatment”
35means a state licensed or certified community drug treatment
36program, which may include one or more of the following: drug
37education, outpatient services, narcotic replacement therapy,
38residential treatment, detoxification services, and aftercare services.
39The term “drug treatment program” or “drug treatment” includes
40a drug treatment program operated under the direction of the
P8 1Veterans Health Administration of the Department of Veterans
2Affairs or a program specified in Section 8001. That type of
3program shall be eligible to provide drug treatment services without
4regard to the licensing or certification provisions required by this
5subdivision. The term “drug treatment program” or “drug
6treatment”
does not include drug treatment programs offered in a
7prison or jail facility.
8(c) The term “successful completion of treatment” means that
9a defendant who has had drug treatment imposed as a condition
10of probation has completed the prescribed course of drug treatment
11as recommended by the treatment provider and ordered by the
12court and, as a result, there is reasonable cause to believe that the
13defendant will not abuse controlled substances in the future.
14Completion of treatment shall not require cessation of narcotic
15replacement therapy.
16(d) The term “misdemeanor not related to the use of drugs”
17means a misdemeanor that does not involve (1) the simple
18possession or use of drugs or drug paraphernalia, being present
19where drugs are used, or failure to register as a drug offender, or
20(2)
any activity similar to those listed in (1).
21(e) This section shall remain in effect only until January 1, 2016,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2016, deletes or extends that date.
Section 1210 is added to the Penal Code, to read:
As used in Sections 1210.1 and 3063.1 of this code, and
26Division 10.8 (commencing with Section 11999.4) of the Health
27and Safety Code, the following definitions apply:
28(a) The term “nonviolent drug possession offense” means the
29unlawful personal use, possession for personal use, or
30transportation for personal use of any controlled substance
31identified in Section 11054, 11055, 11056, 11057, or 11058 of the
32Health and Safety Code, the offense of being under the influence
33of a controlled substance in violation of Section 11550 of the
34Health and Safety Code, the
use or possession of a synthetic
35cannabinoid compound in violation of paragraph (1) of subdivision
36(b) of Section 11357.5 of the Health and Safety Code, or the use
37or possession of a synthetic stimulant compound in violation of
38paragraph (1) of subdivision (b) of Section 11375.5 of the Health
39and Safety Code. The term “nonviolent drug possession offense”
40does not include the possession for sale, production, or
P9 1manufacturing of any controlled substance and does not include
2violations of Section 4573.6 or 4573.8.
3(b) The term “drug treatment program” or “drug treatment”
4means a state licensed or certified community drug treatment
5program, which may include one or more of the following: drug
6education, outpatient services, narcotic replacement therapy,
7residential treatment, detoxification services, and aftercare
services.
8The term “drug treatment program” or “drug treatment” includes
9
a drug treatment program operated under the direction of the
10Veterans Health Administration of the Department of Veterans
11Affairs or a program specified in Section 8001. That type of
12program shall be eligible to provide drug treatment services without
13regard to the licensing or certification provisions required by this
14subdivision. The term “drug treatment program” or “drug
15treatment” does not include drug treatment programs offered in a
16prison or jail facility.
17(c) The term “successful completion of treatment” means that
18a defendant who has had drug treatment imposed as a condition
19of probation has completed the prescribed course of drug treatment
20as recommended by the treatment provider and ordered by the
21court and, as a result, there is reasonable cause to believe that the
22defendant will not abuse controlled substances in
the future.
23Completion of treatment shall not require cessation of narcotic
24replacement therapy.
25(d) The term “misdemeanor not related to the use of drugs”
26means a misdemeanor that does not involve (1) the simple
27possession or use of drugs or drug paraphernalia, being present
28
where drugs are used, or failure to register as a drug offender, or
29(2) any activity similar to those listed above.
30(e) This section shall become operative on January 1, 2016.
No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
P10 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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