BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 139  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 139  
          (Galgiani) - As Amended June 15, 2016


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          |Policy       |Public Safety                  |Vote:|6 - 0        |
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          Urgency:  Yes State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill expands the list of substances prohibited as synthetic  
          cannabinoids and raises penalties for possession of synthetic  
          cannabinoids and synthetic stimulants.  Specifically, this bill:  
           



          1)Expands the definition of a synthetic cannabinoid compound by  
            listing additional chemical categories as synthetic  
            cannabinoids.









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          2)Provides that a first offense of using or possessing a  
            synthetic stimulant compound or synthetic cannabinoid is  
            punishable as an infraction and a fine of up to $250, a second  
            offense is punishable as an infraction or a misdemeanor and a  
            fine of up to $500, and a third or subsequent offense is  
            punishable as a misdemeanor and a fine of up to $1,000.

          3)Authorizes a person charged with certain crimes relating to  
            synthetic stimulant compounds or synthetic cannabinoid  
            compounds to be eligible to participate in a preguilty plea  
            drug court program. 


          FISCAL EFFECT:


          Minor, nonreimbursable costs for enforcement and incarceration,  
          offset to a degree by increased fine revenue.


          COMMENTS:


          1)Background.  Current law treats a substance that is the  
            chemical or functional equivalent of a drug listed in Schedule  
            I or II of the controlled substance schedules the same as the  
            scheduled drug.  Such a substance is defined as a controlled  
            substance analog.  California law allows prosecution of a  
            person for possession of, or commerce in, of a substance that  
            is an analog of a Schedule I or II drug.  The purpose of the  
            analog law is to prevent street chemists from circumventing  
            drug laws by synthesizing drugs which have slight chemical or  
            functional differences from the prohibited drug. 


            Newly developed synthetic cannabinoids are not covered by the  
            California analog statute.  Synthetic cannabinoids are not  
            included in Schedule I or II of the controlled substances  
            schedules. Illegal synthetic cannabinoids are separately  








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            defined and prohibited.  


          2)Purpose.  According to the author, synthetic cannabinoid  
            compounds have become a growing problem as underground.  
            chemists skirt the law by slightly altering the chemical  
            compounds of illegal drugs, to come up with new versions,  
            which technically, are NOT illegal yet.  "Senate Bill 139 will  
            close these loopholes in state law and allow law enforcement  
            to be better equipped in getting these drugs away from our  
            communities."


          3)Support:  According to The California Police Chiefs  
            Association, "SB 139 is aimed at prohibiting possession of  
            'bath salts' and 'spice' and encouraging entry into treatment  
            programs.  In addition, SB 139 is drafted so as to be  
            chemically current, thereby preventing bath salts and spice  
            manufacturers from chemically evading the law by making  
            molecular adjustments to their manufacturing process.  Senate  
            Bill 139 will assure that Bath Salts cannot continue to cause  
            harm."


          4)Opposition:  According to The American Civil Liberties Union  
            of California, "Using the criminal justice system to address  
            substance abuse has led to a broken criminal justice system  
            and billions of wasted taxpayer dollars.  The state's current  
            reliance on criminalization of drug abuse does not work, and  
            increasing penalties for simple possession of the drugs  
            targeted by SB 139 will do nothing to resolve existing  
            problems.  


          5)Related Legislation: SB 1036 (Hernández), currently in  
            Assembly third reading, expands the definition of controlled  
            substance analog to include a substance the chemical structure  
            of which is substantially similar to the chemical structure of  
            a synthetic cannabinoid compound. 








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          6)Prior Legislation. SB 1283 (Galgiani), Chapter 372, Statutes  
            of 2013, made the use or possession of specified synthetic  
            stimulant compounds or synthetic stimulant derivatives,  
            punishable by a fine not exceeding $250.




          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081