Amended in Assembly August 18, 2016

Amended in Assembly June 15, 2016

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 amend Sections 11357.5 and 11375.5 of, and to add Section 11375.7 to, the Health and Safety Code, and to amend Section 1000.5 of the Penal 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 expand the definition of a synthetic stimulant compound and a synthetic cannabinoid compound for purposes of existing begin delete law. end delete begin insert law and would exclude from that definition substances that are in the federal clinical trial process, as specified. end insert The bill would provide that a first offense of using or possessing these 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. By expanding the scope of existing crimes and by increasing the penalty for existing crimes, the bill would impose a state-mandated local program. begin insert The bill would authorize the synthetic cannabinoid compounds to be obtained and used for bona fide research, instruction, or analysis if that possession and use does not violate federal law. end insert

Existing law authorizes the court, together with the district attorney and public defender, to conduct a preguilty plea drug court program pursuant to specified provisions in which proceedings are suspended without a plea of guilty for designated defendants. Existing law sets forth procedures that apply to these programs.

This bill would authorize a person charged with certain crimes relating to synthetic stimulant compounds or synthetic cannabinoid compounds to be eligible to participate in those preguilty plea drug court programs. The bill would set forth additional procedures that would apply in determining eligibility and compliance with the 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:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Drug addiction or dependence is a chronically relapsing
disease or condition.

(b) The benefits of drug treatment are cumulative and the fact
that a person has not completed a prior program or course of
treatment does not establish that the person would not benefit from
further or additional treatment.

SEC. 2.  

Section 11357.5 of the Health and Safety Code 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 a public offense, punishable as follows:

(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.

(c) As used in this section, the term “synthetic cannabinoid
compound” refers to any of the following begin delete substances: end delete begin insert substances
or an analog of any of the following substances: end insert

(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)- begin delete N- end delete begin insert - end insert [
(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

(d) The substances or analogs of substances identified in
subdivision (c) may be lawfully obtained and used for bona fide
research, instruction, or analysis if that possession and use does
not violate federal law.

end insert begin insert

(e) As used in this section, “synthetic cannabinoid compound”
does not include either of the following:

end insert begin insert

(1) Any substance for which there is an approved new drug
application, as defined in Section 505 of the federal Food, Drug,
and Cosmetic Act (21 U.S.C. Sec. 355) or which is generally
recognized as safe and effective for use pursuant to Section 501,
502, and 503 of the federal Food, Drug, and Cosmetic Act and
Title 21 of the Code of Federal Regulations.

end insert begin insert

(2) With respect to a particular person, any substance for which
an exemption is in effect for investigational use for that person
pursuant to Section 505 of the federal Food, Drug, and Cosmetic
Act (21 U.S.C. Sec. 355), to the extent that the conduct with respect
to that substance is pursuant to the exemption.

end insert

SEC. 3.  

Section 11375.5 of the Health and Safety Code 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 a public offense, punishable as follows:

(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.

(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 begin insert substance or analog
of a end insert 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.

SEC. 4.  

Section 11375.7 is added to the Health and Safety
Code, to read:

11375.7.  

(a) Unless otherwise excluded pursuant to this
section, a person charged with a misdemeanor pursuant to
begin insert paragraph (3) of subdivision (b) of end insert Section 11357.5 or begin insert paragraph
(3) of subdivision (b) of end insert 11375.5 shall be eligible to participate in
a preguilty plea drug court program, as described in Section 1000.5
of the Penal Code.

(b) Notwithstanding any other law, a positive test for use of a
controlled substance, any other drug that may not be possessed
without a prescription, or alcohol shall not be grounds for dismissal
from the program, unless the person is not making progress in the
program. The court shall consider any report or recommendation
of the treatment provider in making this determination. It shall be
presumed that a person engaged in a program is making progress,
unless that presumption is defeated by clear and convincing
evidence. The person may offer evidence or an argument that he
or she would benefit from and make progress in a different program
or mode. If the court so finds, it may place the person in a different
treatment program.

(c) Notwithstanding any other law, the following persons are
excluded from participation in the program under this section:

(1) Any person with a history of violence that indicates that he
or she presents a current risk of violent behavior currently or during
the treatment program. This ground for exclusion shall be
established by clear and convincing evidence.

(2) Any person required to register as a sex offender pursuant
to Section 290, unless the court finds by clear and convincing
evidence that the person does not present a substantial risk of
committing sexual offenses currently or through the course of the
program and the person would benefit from the program, including
that treatment would reduce the risk that the person would sexually
reoffend.

(3) Any person that the treatment provider concludes is
unamenable to any and all forms of drug treatment. The defendant
may present evidence that he or she is amenable to treatment and
the court may retain the person in the program if the court finds
that the person is amenable to treatment through a different
provider or a different mode of treatment.

(d) Notwithstanding any other law, a prior conviction for an
offense involving a controlled substance or drug that may not be
possessed without a prescription, including a substance listed in
Section 11357.5 or 11375.5, is not grounds for exclusion from the
program, unless the court finds by clear and convincing evidence
that the person is likely to engage in drug commerce for financial
gain, rather than for purposes of obtaining a drug or drugs for
personal use.

SEC. 5.  

Section 1000.5 of the Penal Code is amended to read:

1000.5.  

(a) (1) The presiding judge of the superior court, or
a judge designated by the presiding judge, together with the district
attorney and the public defender, may agree in writing to establish
and conduct a preguilty plea drug court program pursuant to the
provisions of this chapter, wherein criminal proceedings are
suspended without a plea of guilty for designated defendants. The
drug court program shall include a regimen of graduated sanctions
and rewards, individual and group therapy, urine analysis testing
commensurate with treatment needs, close court monitoring and
supervision of progress, educational or vocational counseling as
appropriate, and other requirements as agreed to by the presiding
judge or his or her designee, the district attorney, and the public
defender. If there is no agreement in writing for a preguilty plea
program by the presiding judge or his or her designee, the district
attorney, and the public defender, the program shall be operated
as a deferred entry of judgment program as provided in this chapter.

(2) A person charged with a misdemeanor under begin insert paragraph (3)
of subdivision (b) of end insert Section 11357.5 or begin insert paragraph (3) of
subdivision (b) of end insert 11375.5 of the Health and Safety Code shall be
eligible to participate in a preguilty plea drug court program
established pursuant to this chapter, as set forth in Section 11375.7
of the Health and Safety Code.

(b) The provisions of Section 1000.3 and Section 1000.4
regarding satisfactory and unsatisfactory performance in a program
shall apply to preguilty plea programs, except as provided in
Section 11375.7 of the Health and Safety Code. If the court finds
that (1) the defendant is not performing satisfactorily in the
assigned program, (2) the defendant is not benefiting from
education, treatment, or rehabilitation, (3) the defendant has been
convicted of a crime specified in Section 1000.3, or (4) the
defendant has engaged in criminal conduct rendering him or her
unsuitable for the preguilty plea program, the court shall reinstate
the criminal charge or charges. If the defendant has performed
satisfactorily during the period of the preguilty plea program, at
the end of that period, the criminal charge or charges shall be
dismissed and the provisions of Section 1000.4 shall apply.

SEC. 6.  

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.

SEC. 7.  

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.