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.
SB 139
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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