BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 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  
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          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  

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          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  

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          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

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