BILL ANALYSIS Ó SB 139 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 139 (Galgiani) - As Amended June 15, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|6 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- 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. SB 139 Page 2 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 SB 139 Page 3 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. SB 139 Page 4 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