BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
SB 1283 (Galgiani) - Controlled substances.
Amended: May 6, 2014 Policy Vote: Public Safety 7-0
Urgency: No Mandate: Yes
Hearing Date: May 23, 2014 Consultant: Jolie Onodera
SUSPENSE FILE. AS AMENDED.
Bill Summary: SB 1283 would do the following:
Make the use or possession of a specified synthetic
cannabinoid compound or derivative, or specified synthetic
stimulant compound or derivative, a crime, subject to
graduated penalties for repeated offenses.
Request the Luskin School of Public Affairs, or require the
Judicial Council to contract with another entity, to design
an evidence-based education program and treatment model for
participation in by individuals convicted of these crimes.
Authorize the Judicial Council to consult with the
Department of Health Care Services (DHCS), during the
approval and implementation process.
Revise the definition of "nonviolent drug possession
offense" to include the misdemeanor offense of using or
possessing a synthetic cannabinoid or synthetic stimulant
compound, as specified.
Fiscal Impact (as approved on May 23, 2014):
Non-reimbursable local enforcement costs offset to a degree
by fine revenue for infraction and misdemeanor convictions.
Unknown, but potentially significant one-time costs
(General Fund) for the Luskin School (UCLA) to design the
program and treatment model.
To the extent the Judicial Council contracts out with
another entity, one-time costs of $115,000 (General Fund)
for staff time to develop a proposal and grant contract.
Unknown, potentially major costs to the courts to
administer the post-conviction treatment program. Assuming
300 cases to 1,450 cases (5 to 25 cases per county)
statewide, annual costs are estimated in the range of $1.1
million to $5.1 million (General Fund*). To the extent the
participant caseload is greater, costs could be
significantly higher.
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Minor costs to DHCS to provide consultation services during
program approval and implementation process.
*Trial Court Trust Fund
Background: Existing law provides that the sale, distribution,
or possession for sale of specified synthetic cannabinoid
compounds or derivatives, or synthetic stimulant compounds or
derivatives, to any person is a misdemeanor punishable by
imprisonment in a county jail not exceeding six months, by a
fine not exceeding $1,000, or by both that fine and
imprisonment. However, there is no similar prohibition on the
use or possession of these compounds.
A recent article in Forbes reported on the treatment of 40
people in Texas emergency departments over a 48-hour period for
overdoses of the synthetic cannabinoid product called K2.
According to the article, "These products are not marijuana but
rather herbs that are sprayed with solutions containing one or
more research chemicals that bind to the same brain receptors as
the active constituents in marijuana, or cannabis. For this
reason, they are more properly called synthetic cannabinoids.
They continue to be sold under names such as K2, Spice, and
Gorilla Dro Po-Po, among others?The risks of these products are
related to the fact that they have more intense effects and lack
the constellation of psychoactive and calming chemicals
naturally present in cannabis." (Cluster of Texas ER Visits From
K2 Synthetic Marijuana, David Kroll, Forbes, May 4, 2014)
This bill seeks to impose penalties, and provide a means for
subsequent education and treatment, for those convicted of the
personal possession and/or use of these dangerous substances.
Proposed Law: This bill does the following:
Makes the use or possession of a specified synthetic
cannabinoid or synthetic stimulant a crime, subject to
following penalties:
o For a first offense, an infraction punishable by a
fine not exceeding $250.
o For a second offense, an infraction punishable by a
fine not exceeding $250 or a misdemeanor punishable by
imprisonment in a county jail not exceeding six months, a
fine not exceeding $500, or by both that fine and
imprisonment.
o For a third or subsequent offense, a misdemeanor
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punishable by imprisonment in a county jail not exceeding
six months, or by a fine not exceeding $1,000, or by both
that fine and imprisonment.
Requests the Luskin School of Public Affairs at UCLA, or
requires the Judicial Council to contract with another
entity, to design an evidence-based education program and
treatment model for participation in by individuals
convicted of these crimes.
Requires the Judicial Council to approve the program upon a
specified finding and assist courts in obtaining educational
materials.
Authorizes the Judicial Council to consult with the DHCS
during the approval and implementation process.
Provides that a defendant convicted of the crime created in
this bill may elect to participate in the program and have
his or her execution of sentence stayed, as specified.
Provides that a defendant convicted of this crime who was
granted probation and required to participate in a drug
treatment program but did not successfully complete the
program shall be presumed eligible for participation in any
available drug court program.
Revises the definition of "nonviolent drug possession
offense" to include the misdemeanor offense of using or
possessing a synthetic cannabinoid or synthetic stimulant
compound.
Related Legislation: AB 486 (Hueso) Chapter 656/2011 made it a
crime, punishable by imprisonment in a county jail not exceeding
6 months, or by a fine not exceeding $1,000, or both, 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.
SB 420 (Hernandez) Chapter 420/2011 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.
Staff Comments: By creating a new crime, this bill creates a
state-mandated local program, resulting in non-reimbursable
local enforcement costs offset to a minor degree by fine
revenue.
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This bill requests the Luskin School of Public Affairs at the
UCLA to design, or designate another entity to design, an
evidence-based education program and treatment model for
individuals convicted of the crimes created in this bill.
Without specific details about the program requirements, the UC
has indicated that the amount of funding potentially required to
design the program is unknown but has indicated it cannot
conduct this work without a dedicated source of funding since
such a program does not currently exist at the Luskin School. In
order for the campus to conduct such a program, approval would
first need to be obtained. Additional workload would be required
to establish a Memorandum of Understanding between the involved
stakeholders would also need to be established.
To the extent the Luskin School does not comply with the request
to design the program, the Judicial Council is required to
contract with another entity to design the program and treatment
model. The Judicial Council has indicated about $115,000 in
one-time costs for staffing to develop and oversee a request for
proposal (RFP) process, and award funds to the chosen contractor
to design the program.
The Judicial Council has indicated the court staff time to
implement the treatment program will exceed the fine revenues
collected. Based on the cost of one court's specialty DUI
program, the cost per participant is $3,540. It is unknown how
many convictions under the new crime created in this bill will
occur each year, and of those convictions, how many individuals
would opt to participate in the program. To the extent five to
25 cases per county (300-1,450 cases statewide) participate,
annual costs are estimated in the range of $1.1 million to $5.1
million.
Committee amendments do the following:
1. On page 3, in line11, delete "possess" and replace with
"possesses"
2. On page 5, in line 25, delete "possess" and replace with
"possesses"
3. On page 5, in line 33, after "five" insert "hundred"
4. Delete the requirement for the court to administer an
escrow account for program participants.
5. Delay implementation of the bill's provisions to January
1, 2016.
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