Amended in Senate August 18, 2015

Senate Bill No. 139

Introduced by Senator Galgiani

(Principal coauthor: Assembly Member Lackey)

January 26, 2015

An act to begin insert repeal and end insert amend Sections 11357.5 and 11375.5 of the Health and Safety Code, relating to controlled substances, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 139, as amended, Galgiani. Controlled substances.

Existing law 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 stimulant compound or any specified synthetic stimulant derivative. Existing law also 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. Existing law, beginning January 1, 2016, makes it an infraction to use or possess those drugs.

This bill would begin insert instead make it an infraction to use or possess those drugs beginning on the effective date of this bill. The bill would also end insert expand the definition of a synthetic stimulant compound and a synthetic cannabinoid begin insert compound end insert for purposes of existing law. begin delete The bill would provide that a first offense of using or possessing those substances is punishable as an infraction, a 2nd offense is punishable as an infraction or a misdemeanor, and a 3rd or subsequent offense is punishable as a misdemeanor. end delete By expanding the scope of existing begin delete crimes and by increasing the penalty for existing end delete crimes, begin delete this end delete begin insert the end insert bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 11357.5 of the end insert begin insert Health and Safety Code end insert begin insert ,
as amended by Section 1 of Chapter 372 of the Statutes of 2014,
is repealed. end insert

begin delete

11357.5.  

(a) Every person who sells, dispenses, distributes,
furnishes, administers, or gives, or offers to sell, dispense,
distribute, furnish, administer, or give, or possesses for sale any
synthetic cannabinoid compound, or any synthetic cannabinoid
derivative, to any person, is guilty of a misdemeanor, punishable
by imprisonment in a county jail not exceeding six months, or by
a fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment.

(b) As used in this section, the term “synthetic cannabinoid
compound” refers to any of the following substances:

(1) 1-pentyl-3-(1-naphthoyl)indole (JWH-018).

(2) 1-butyl-3-(1-naphthoyl)indole (JWH-073).

(3) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole
(JWH-200).

(4) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(CP-47,497).

(5) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(cannabicyclohexanol; CP-47,497 C8 homologue).

(c) This section shall remain in effect only until January 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2016, deletes or extends that date.

end delete

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 11357.5 of the Health and Safety Code, as
added by Section 2 of Chapter 372 of the Statutes of 2014, is
amended to read:

11357.5.  

(a) Every person who sells, dispenses, distributes,
furnishes, administers, or gives, or offers to sell, dispense,
distribute, furnish, administer, or give, or possesses for sale any
synthetic cannabinoid compound, or any synthetic cannabinoid
derivative, to any person, is guilty of a misdemeanor, punishable
by imprisonment in a county jail not to exceed six months, or by
a fine not to exceed one thousand dollars ($1,000), or by both that
fine and imprisonment.

(b) Every person who uses or possesses any synthetic
cannabinoid compound, or any synthetic cannabinoid derivative,
is guilty of begin delete a public offense, punishable as follows: end delete begin insert an infraction,
punishable by a fine not to exceed two hundred fifty dollars ($250). end insert

begin delete

(1) A first offense is an infraction punishable by a fine not
exceeding two hundred fifty dollars ($250).

(2) A second offense is an infraction punishable by a fine not
exceeding two hundred fifty dollars ($250) or a misdemeanor
punishable by imprisonment in a county jail not exceeding six
months, a fine not exceeding five hundred dollars ($500), or by
both that fine and imprisonment.

(3) A third or subsequent offense is a misdemeanor punishable
by imprisonment in a county jail not exceeding six months, or by
a fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment.

end delete

(c) As used in this section, the term “synthetic cannabinoid
compound” refers to any of the following substances:

(1) Adamantoylindoles or adamantoylindazoles, which includes
adamantyl carboxamide indoles and adamantyl carboxamide
indazoles, or any compound structurally derived from
3-(1-adamantoyl)indole, 3-(1-adamantoyl)indazole,
3-(2-adamantoyl)indole,
N-(1-adamantyl)-1H-indole-3-carboxamide, or
N-(1-adamantyl)-1H-indazole-3-carboxamide by substitution at
the nitrogen atom of the indole or indazole ring with alkyl,
haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl, or
(tetrahydropyran-4-yl)methyl group, whether or not further
substituted in the indole or indazole ring to any extent and whether
or not substituted in the adamantyl ring to any extent, including,
but not limited to, 2NE1, 5F-AKB-48, AB-001, AKB-48,
AM-1248, JWH-018 adamantyl carboxamide, STS-135.

(2) Benzoylindoles, which includes any compound structurally
derived from a 3-(benzoyl)indole structure with substitution at the
nitrogen atom of the indole ring with alkyl, haloalkyl, cyanoalkyl,
hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl, or
(tetrahydropyran-4-yl)methyl group, whether or not further
substituted in the indole ring to any extent and whether or not
substituted in the phenyl ring to any extent, including, but not
limited to, AM-630, AM-661, AM-679, AM-694, AM-1241,
AM-2233, RCS-4, WIN 48,098 (Pravadoline).

(3) Cyclohexylphenols, which includes any compound
structurally derived from 2-(3-hydroxycyclohexyl)phenol by
substitution at the 5-position of the phenolic ring by alkyl,
haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl, or
(tetrahydropyran-4-yl)methyl group, whether or not further
substituted in the cyclohexyl ring to any extent, including, but not
limited to, CP 47,497, CP 55,490, CP 55,940, CP 56,667,
cannabicyclohexanol.

(4) Cyclopropanoylindoles, which includes any compound
structurally derived from 3-(cyclopropylmethanoyl)indole,
3-(cyclopropylmethanone)indole, 3-(cyclobutylmethanone)indole
or 3-(cyclopentylmethanone)indole by substitution at the nitrogen
atom of the indole ring, whether or not further substituted in the
indole ring to any extent, whether or not substituted on the
cyclopropyl, cyclobutyl, or cyclopentyl rings to any extent.

(5) Naphthoylindoles, which includes any compound structurally
derived from 3-(1-naphthoyl)indole or
1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen
atom of the indole ring by alkyl, haloalkyl, cyanoalkyl,
hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl group,
1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl, or
(tetrahydropyran-4-yl)methyl group, whether or not further
substituted in the naphthyl ring to any extent, including, but not
limited to, AM-678, AM-1220, AM-1221, AM-1235, AM-2201,
AM-2232, EAM-2201, JWH-004, JWH-007, JWH-009, JWH-011,
JWH-015, JWH-016, JWH-018, JWH-019, JWH-020, JWH-022,
JWH-046, JWH-047, JWH-048, JWH-049, JWH-050, JWH-070,
JWH-071, JWH-072, JWH-073, JWH-076, JWH-079, JWH-080,
JWH-081, JWH-082, JWH-094, JWH-096, JWH-098, JWH-116,
JWH-120, JWH-122, JWH-148, JWH-149, JWH-164, JWH-166,
JWH-180, JWH-181, JWH-182, JWH-189, JWH-193, JWH-198,
JWH-200, JWH-210, JWH-211, JWH-212, JWH-213, JWH-234,
JWH-235, JWH-236, JWH-239, JWH-240, JWH-241, JWH-242,
JWH-258, JWH-262, JWH-386, JWH-387, JWH-394, JWH-395,
JWH-397, JWH-398, JWH-399, JWH-400, JWH-412, JWH-413,
JWH-414, JWH-415, JWH-424, MAM-2201, WIN 55,212.

(6) Naphthoylnaphthalenes, which includes any compound
structurally derived from naphthalene-1-yl-(naphthalene-1-yl)
methanone with substitutions on either of the naphthalene rings
to any extent, including, but not limited to, CB-13.

(7) Naphthoylpyrroles, which includes any compound
structurally derived from 3-(1-naphthoyl)pyrrole by substitution
at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl,
cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl, or
(tetrahydropyran-4-yl)methyl group, whether or not further
substituted in the pyrrole ring to any extent and whether or not
substituted in the naphthyl ring to any extent, including, but not
limited to, JWH-030, JWH-031, JWH-145, JWH-146, JWH-147,
JWH-150, JWH-156, JWH-243, JWH-244, JWH-245, JWH-246,
JWH-292, JWH-293, JWH-307, JWH-308, JWH-309, JWH-346,
JWH-348, JWH-363, JWH-364, JWH-365, JWH-367, JWH-368,
JWH-369, JWH-370, JWH-371, JWH-373, JWH-392.

(8) Naphthylmethylindenes, which includes any compound
containing a naphthylideneindene structure or which is structurally
derived from 1-(1-naphthylmethyl)indene with substitution at the
3-position of the indene ring by alkyl, haloalkyl, cyanoalkyl,
hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or
1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl, or
(tetrahydropyran-4-yl)methyl group, whether or not further
substituted in the indene ring to any extent and whether or not
substituted in the naphthyl ring to any extent, including, but not
limited to, JWH-171, JWH-176, JWH-220.

(9) Naphthylmethylindoles, which includes any compound
structurally derived from an H-indol-3-yl-(1-naphthyl) methane
by substitution at the nitrogen atom of the indole ring by alkyl,
haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl, or
(tetrahydropyran-4-yl)methyl group, whether or not further
substituted in the indole ring to any extent and whether or not
substituted in the naphthyl ring to any extent, including, but not
limited to, JWH-175, JWH-184, JWH-185, JWH-192, JWH-194,
JWH-195, JWH-196, JWH-197, JWH-199.

(10) Phenylacetylindoles, which includes any compound
structurally derived from 3-phenylacetylindole by substitution at
the nitrogen atom of the indole ring with alkyl, haloalkyl,
cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
2-(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl, or
(tetrahydropyran-4-yl)methyl group, whether or not further
substituted in the indole ring to any extent and whether or not
substituted in the phenyl ring to any extent, including, but not
limited to, cannabipiperidiethanone, JWH-167, JWH-201,
JWH-202, JWH-203, JWH-204, JWH-205, JWH-206, JWH-207,
JWH-208, JWH-209, JWH-237, JWH-248, JWH-249, JWH-250,
JWH-251, JWH-253, JWH-302, JWH-303, JWH-304, JWH-305,
JWH-306, JWH-311, JWH-312, JWH-313, JWH-314, JWH-315,
JWH-316, RCS-8.

(11) Quinolinylindolecarboxylates, which includes any
compound structurally derived from
quinolin-8-yl-1H-indole-3-carboxylate by substitution at the
nitrogen atom of the indole ring with alkyl, haloalkyl, benzyl,
halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl,
cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl,
(4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or
not further substituted in the indole ring to any extent, whether or
not substituted in the quinoline ring to any extent, including, but
not limited to, BB-22, 5-Fluoro-PB-22, PB-22.

(12) Tetramethylcyclopropanoylindoles, which includes any
compound structurally derived from
3-tetramethylcyclopropanoylindole,
3-(1-tetramethylcyclopropyl)indole,
3-(2,2,3,3-tetramethylcyclopropyl)indole or
3-(2,2,3,3-tetramethylcyclopropylcarbonyl)indole with substitution
at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl,
1-(N-methyl-3-morpholinyl)methyl, or
(tetrahydropyran-4-yl)methyl group whether or not further
substituted in the indole ring to any extent and whether or not
substituted in the tetramethylcyclopropanoyl ring to any extent,
including, but not limited to, 5-bromo-UR-144, 5-chloro-UR-144,
5-fluoro-UR-144, A-796,260, A-834,735, AB-034, UR-144,
XLR11.

(13) Tetramethylcyclopropane-thiazole carboxamides, which
includes any compound structurally derived from
2,2,3,3-tetramethyl-N-(thiazol-2-ylidene)cyclopropanecarboxamide
by substitution at the nitrogen atom of the thiazole ring by alkyl,
haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy,
cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or
2-(4-morpholinyl)alkyl, whether or not further substituted in the
thiazole ring to any extent, whether or not substituted in the
tetramethylcyclopropyl ring to any extent, including, but not limited
to, A-836,339.

(14) Unclassified synthetic cannabinoids, which includes all of
the following:

(A) AM-087, (6aR,10aR)-3-(2-methyl-6-bromohex-2-yl)-6,6,9-t
rimethyl-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol.

(B) AM-356, methanandamide, including (5Z,8Z,11Z,14Z)-N-[
(1R)-2-hydroxy-1-methylethyl]icosa-5,8,11,14-tetraenamide and
arachidonyl-1'-hydroxy-2'-propylamide.

(C) AM-411, (6aR,10aR)-3-(1-adamantyl)-6,6,9-trimethyl-6
a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol.

(D) AM-855, (4aR,12bR)-8-hexyl-2,5,5-trimethyl-1
,4,4a,8,9,10,11,12b-octahydronaphtho[3,2-c]isochromen-12-ol.

(E) AM-905, (6aR,9R,10aR)-3-[(E)-hept-1-enyl]-9-(hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a-hexahydrobenzo[c]chromen-1-ol.

(F) AM-906, (6aR,9R,10aR)-3-[(Z)-hept-1-enyl]-9-(hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a-hexahydrobenzo[c]chromen-1-ol.

(G) AM-2389, (6aR,9R,10aR)-3-(1-hexyl-cyclobut-1-yl)-6
a,7,8,9,10,10a-hexahydro-6,6-dimethyl-6H-dibenzo[b,d]pyran-1
,9 diol.

(H) BAY 38-7271, (-)-(R)-3-(2-Hydroxymethylindanyl-4-o
xy)phenyl-4,4,4-trifluorobutyl-1-sulfonate.

(I) CP 50,556-1, Levonantradol, including 9-hydroxy-6-methyl-3
-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenant
hridin-1-yl]acetate; [(6S,6aR,9R, 10aR)-9-hydroxy-6-methyl-3-[
(2R)-5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate; and [9-hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate.

(J) HU-210, including (6aR,10aR)-9-(hydroxymethyl)-6,6-d
imethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]
chromen-1-ol; [(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(
2-methyl octan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-o
l and 1,1-Dimethylheptyl-11-hydroxytetrahydrocannabinol.

(K) HU-211, Dexanabinol, including (6aS, 10aS)-9-(hydroxy
methyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-t
etrahydrobenzo[c]chromen-1-ol and (6aS, 10aS)-9-(hydroxy
methyl)-6,6-dimethyl- 3-(2-methyloctan-2-yl)-6a,7,10,10a-t
etrahydrobenzo[c]chromen-1-ol.

(L) HU-243, 3-dimethylheptyl-11-hydroxyhexahydrocannabinol.

(M) HU-308, [(91R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2
-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]methanol.

(N) HU-331, 3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-m
ethylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene-1
,4-dione.

(O) HU-336, (6aR,10aR)-6,6,9-trimethyl-3-pentyl-6a,7,10,10a-t
etrahydro-1H-benzo[c]chromene-1,4(6H)-dione.

(P) JTE-907, N-(benzol[1,3]dioxol-5-ylmethyl)-7-methoxy-2-o
xo-8-pentyloxy-1,2-dihydroquinoline-3-carboxamide.

(Q) JWH-051, ((6aR,10aR)-6,6-dimethyl-3-(2-methyloctan-2-y
l)-6a,7,10,10a-tetrahydrobenzo[c]chromen-9-yl)methanol.

(R) JWH-057 (6aR,10aR)-3-(1,1-dimethylheptyl)-6a,7,10,10a-t
etrahydro-6,6,9-trimethyl-6H-Dibenzo[b,d]pyran.

(S) JWH-133 (6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a-t
etrahydro -6,6,9-trimethyl-6H-dibenzo[b,d]pyran.

(T) JWH-359, (6aR,10aR)- 1-methoxy- 6,6,9-trimethyl- 3-[(2R)-1
,1,2-trimethylbutyl]- 6a,7,10,10a-tetrahydrobenzo[c]chromene.

(U) URB-597 [3-(3-carbamoylphenyl)phenyl]-N-cyclohexylcarb
amate.

(V) URB-602 [1,1'-Biphenyl]-3-yl-carbamic acid, cyclohexyl
ester; OR cyclohexyl [1,1'-biphenyl]-3-ylcarbamate.

(W) URB-754 6-methyl-2-[(4-methylphenyl)amino]-4H-3,1-b
enzoxazin-4-one.

(X) URB-937 3'-carbamoyl-6-hydroxy-[1,1'-biphenyl]-3-yl cyc
lohexylcarbamate.

(Y) WIN 55,212-2, including (R)-(+)-[2,3-dihydro-5-methyl-3
-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
-napthalenylmethanone and [2,3-Dihydro-5-methyl-3-(4-morp
holinylmethyl)pyrrolo[(1,2,3-de)-1,4-benzoxazin-6-yl]-1-n
apthalenylmethanone.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 11375.5 of the end insert begin insert Health and Safety Code end insert begin insert , as
amended by Section 3 of Chapter 372 of the Statutes of 2014, is
repealed. end insert

begin delete

11375.5.  

(a) Every person who sells, dispenses, distributes,
furnishes, administers, or gives, or offers to sell, dispense,
distribute, furnish, administer, or give, any synthetic stimulant
compound specified in subdivision (b), or any synthetic stimulant
derivative, to any person, or who possesses that compound or
derivative for sale, is guilty of a misdemeanor, punishable by
imprisonment in a county jail not exceeding six months, or by a
fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment.

(b) Unless specifically excepted, or contained within a
pharmaceutical product approved by the United States Food and
Drug Administration, or unless listed in another schedule,
subdivision (a) applies to any material, compound, mixture, or
preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system, including
its salts, isomers, esters, or ethers, and salts of isomers, esters, or
ethers whenever the existence of such salts, isomers, esters, or
ethers, and salts of isomers, esters, or ethers is possible within any
of the following specific chemical designations:

(1) Naphthylpyrovalerone whether or not further substituted in
the naphthyl ring to any extent with alkyl, alkoxy, alkylenedioxy,
haloalkyl, or halide substituents, whether or not further substituted
in the naphthyl ring by one or more other univalent substituents,
or whether or not further substituted in the carbon chain at the 3-,
4-, or 5-position with an alkyl substituent.

(2) 2-amino-1-phenyl-1-propanone (cathinone) or variation in
any of the following ways:

(A) By substitution in the phenyl ring to any extent with alkyl,
alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether
or not further substituted in the phenyl ring by one or more other
univalent substituents.

(B) By substitution at the 3-position with an alkyl substituent.

(C) By substitution at the nitrogen atom with alkyl, dialkyl, or
benzyl groups, or by inclusion of the nitrogen atom in a cyclic
structure.

(c) This section shall not prohibit prosecution under any other
provision of law.

(d) This section shall remain in effect only until January 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2016, deletes or extends that date.

end delete

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Section 11375.5 of the Health and Safety Code, as
added by Section 4 of Chapter 372 of the Statutes of 2014, is
amended to read:

11375.5.  

(a) Every person who sells, dispenses, distributes,
furnishes, administers, or gives, or offers to sell, dispense,
distribute, furnish, administer, or give, any synthetic stimulant
compound specified in subdivision (c), or any synthetic stimulant
derivative, to any person, or who possesses that compound or
derivative for sale, is guilty of a misdemeanor, punishable by
imprisonment in a county jail not to exceed six months, or by a
fine not to exceed one thousand dollars ($1,000), or by both that
fine and imprisonment.

(b) Every person who uses or possesses any synthetic stimulant
compound specified in subdivision (c), or any synthetic stimulant
derivative, is guilty of begin delete a public offense punishable as follows: end delete begin insert an
infraction, punishable by a fine not to exceed two hundred fifty
dollars ($250). end insert

begin delete

(1) A first offense is an infraction punishable by a fine not
exceeding two hundred fifty dollars ($250).

end delete begin delete

(2) A second offense is an infraction punishable by a fine not
exceeding two hundred fifty dollars ($250) or a misdemeanor
punishable by imprisonment in a county jail not exceeding six
months, a fine not exceeding five hundred dollars ($500), or by
both that fine and imprisonment.

end delete begin delete

(3) A third or subsequent offense is a misdemeanor punishable
by imprisonment in a county jail not exceeding six months, or by
a fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment.

end delete

(c) Unless specifically excepted, or contained within a
pharmaceutical product approved by the United States Food and
Drug Administration, or unless listed in another schedule,
subdivisions (a) and (b) apply to any material, compound, mixture,
or preparation which contains any quantity of a substance,
including its salts, isomers, esters, or ethers, and salts of isomers,
esters, or ethers whenever the existence of such salts, isomers,
esters, or ethers, and salts of isomers, esters, or ethers is possible,
that is structurally derived from 2-amino-1-phenyl-1-propanone
by modification in one of the following ways:

(1) By substitution in the phenyl ring to any extent with alkyl,
alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether
or not further substituted in the phenyl ring by one or more other
univalent substituents.

(2) By substitution at the 3-position with an alkyl substituent.

(3) By substitution at the nitrogen atom with alkyl or dialkyl
groups, or by inclusion of the nitrogen atom in a cyclic structure.

(d) This section shall not prohibit prosecution under any other
provision of law.

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

begin delete SEC. 4. end delete
begin insert SEC. 6. end insert   

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to prevent any harm that may be caused by the controlled
substances described in this act at the earliest possible time, it is
necessary that this act take effect immediately.