BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1283| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 1283 Author: Galgiani (D) Amended: 8/4/14 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/22/14 AYES: Hancock, Anderson, De León, Knight, Liu, Mitchell, Steinberg SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14 AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg SENATE FLOOR : 37-0, 5/29/14 AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett, Correa, De León, DeSaulnier, Evans, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu, Liu, Mitchell, Monning, Morrell, Nielsen, Padilla, Pavley, Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wyland NO VOTE RECORDED: Calderon, Wright, Yee ASSEMBLY FLOOR : 78-0, 8/14/14 (Consent) - See last page for vote SUBJECT : Controlled substances SOURCE : California Narcotics Officers Association DIGEST : This bill, beginning January 1, 2016, creates an infraction, with a maximum fine of $250, for use and possession of specified synthetic stimulant compounds and derivatives, or CONTINUED SB 1283 Page 2 synthetic cannabinoids and derivatives. Assembly Amendments remove the misdemeanor provisions and make all counts of possession a basic infraction, remove the optional treatment programs for misdemeanor offenders, and delay the operative date of the bill until January 1, 2016. ANALYSIS : Existing law: 1.Lists controlled substances in five "schedules" - intended to list drugs in decreasing order of harm and increasing medical utility or safety - and provides penalties for possession of and commerce in controlled substances. 2.Provides that any person who possesses for sale, sells or furnishes any synthetic cannabinoid compound shall be punished by imprisonment in the county jail for up to six months, a fine of up to $1,000, or both. 3.Provides that any person who sells, dispenses, distributes, or gives the stimulant substances naphthylpyrovalerone or cathinone, or specified variations of these drugs, or who offers to do such acts, is guilty of a misdemeanor, punishable by a jail term of up to six months, a fine of up to $1,000, or both. 4.Provides that no person shall use, or be under the influence of, a specified controlled substance. Violation of this provision is a misdemeanor. This bill, beginning January 1, 2016, creates an infraction, with a maximum fine of $250, for use and possession of specified synthetic stimulant compounds and derivatives, or synthetic cannabinoids and derivatives. Prior Legislation AB 486 (Hueso, Chapter 656, Statutes of 2011) makes it a crime, punishable by imprisonment in a county jail not exceeding six 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 CONTINUED SB 1283 Page 3 possess for sale, any synthetic stimulant compound or any specified synthetic stimulant derivative. SB 420 (Hernandez, Chapter 420, Statutes of 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Assembly Appropriations Committee, negligible law enforcement costs, offset to a minor degree by increased fine revenue. SUPPORT : (Verified 8/14/14) California Narcotics Officers Association (source) California District Attorneys Association California Police Chiefs Association International Faith Based Coalition OPPOSITION : (Verified 8/14/14) American Civil Liberties Union California Attorneys for Criminal Justice California Public Defenders Association Drug Policy Alliance Friends Committee on Legislation of California ARGUMENTS IN SUPPORT : According to the American Medical Association, the popularity of synthetic drugs has grown recently, particularly among teens who may not be aware of the drugs' potential danger. Their innocuous-sounding names, such as "Ivory Wave," "Vanilla Sky," and "Pineapple Express" contribute to the misperception of these drugs. They are poisonous substances that can and have resulted in death. SB 1283 protects our communities and takes synthetics drugs off the streets by providing penalties for the personal possession of these dangerous substances. ARGUMENTS IN OPPOSITION : The Drug Policy Alliance (DPA) opposes this bill because our current drug laws are applied in a CONTINUED SB 1283 Page 4 racially and economically biased manner and there is no reason to believe that these new penalties will be applied equitably. ASSEMBLY FLOOR : 78-0, 8/14/14 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, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi, 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: Roger Hernández, Vacancy JG:e 8/15/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED