BILL ANALYSIS Ó
AB 730
Page 1
ASSEMBLY THIRD READING
AB
730 (Quirk)
As Introduced February 25, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+---------------------+----------------------|
|Public Safety |5-2 |Quirk, Gonzalez, |Melendez, Lackey |
| | |Jones-Sawyer, Low, | |
| | |Santiago | |
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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
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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
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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
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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