BILL ANALYSIS Ó AB 730 Page 1 ASSEMBLY THIRD READING AB 730 (Quirk) As Introduced February 25, 2015 Majority vote -------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | |----------------+------+---------------------+----------------------| |Public Safety |5-2 |Quirk, Gonzalez, |Melendez, Lackey | | | |Jones-Sawyer, Low, | | | | |Santiago | | -------------------------------------------------------------------- SUMMARY: Provides that "transportation" of marijuana, phencyclidine (PCP), or mushrooms shall be defined to mean transportation for purposes of sale. Specifically, this bill: 1)Defines "transport" for purposes of the statute prohibiting the transportation of not more than 28.5 grams of marijuana or other concentrated cannabis as "transport for sale." 2)Defines "transport" for purposes of the statute prohibiting the transportation of PCP or any of its analogs or precursors as "transport for sale." 3)Defines "transport" for purposes of the statute prohibiting the transportation of any spores or mycelium capable of producing AB 730 Page 2 mushrooms or other materials which contain psilocybin or psilocin as "transport for sale." 4)Provides that these provisions of law do not preclude or limit prosecution under an aiding and abetting theory, or conspiracy offenses. EXISTING LAW: 1)Provides that every person who transports, imports into the state, sells, furnishes, administers, or gives away, or offers to transport, import into the state, sell, furnish, administer, or give away, or attempts to import into this state or transport marijuana shall be punished in the county jail pursuant to realignment for a period of two, three or four years. 2)Provides that every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport PCP or any of its specified analogs or precursors shall be punished by imprisonment pursuant to realignment for a period of three, four, or five years. 3)Provides that every person who transports, imports into this state, sells, furnishes, gives away, or offers to transport, import into this state, sell, furnish, or give away any spores or mycelium capable of producing mushrooms or other material which contain a specified controlled substance shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison. 4)Provides that every person that transports, imports into the AB 730 Page 3 state, sells, furnishes, administers, or gives away, or offers to transport, import into the state, sell, furnish, administer or give away, or attempts to import into this state or transport cocaine, cocaine base, or heroin, or any controlled substance which is a narcotic drug, without a written prescription shall be punished by imprisonment pursuant to realignment for three, four, or five years. Specifies that "transport" means transportation for sale. 5)Provides that every person that transports, imports into the state, sells, furnishes, administers, or gives away, or offers to transport, import into the state, sell, furnish, or give away, or attempts to import into this state or transport methamphetamine, or any controlled substance, which is not a narcotic, listed in the controlled substance schedule without a written prescription shall be punished by imprisonment for two, three, or four years. Specifies that transport means transportation for sale. 6)Classifies controlled substances in five schedules according to their danger and potential for abuse. Schedule I controlled substances have the greatest restrictions and penalties, including prohibiting the prescribing of a Schedule I controlled substance. FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS: According to the author, "AB 730 is about fairness and consistency. Two years ago, the Legislature clarified that 'transportation' of illegal drugs was intended to apply to transportation of the drugs for sale, not for personal use. However, the Legislature overlooked certain statutes in its deliberations, resulting in a situation where transportation of some drugs for personal use can be charged only as a possession AB 730 Page 4 offense, while transportation of other drugs for personal use can be charged as both possession and transportation. AB 730 removes this unfair inconsistency and makes it clear that in Health & Safety Code [Section] 11360, [Section] 11379.5 and [Section] 11391 'transport' of those specified drugs means transportation with intent to sell." Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0000097