BILL ANALYSIS Ó SB 139 Page 1 SENATE THIRD READING SB 139 (Galgiani) As Amended August 18, 2016 2/3 vote. Urgency SENATE VOTE: 40-0 -------------------------------------------------------------------- |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+-----------------------+---------------------| |Public Safety |6-0 |Jones-Sawyer, | | | | |Melendez, Lackey, | | | | |Lopez, Low, Santiago | | | | | | | |----------------+-----+-----------------------+---------------------| |Appropriations |20-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, Bonta, | | | | |Calderon, Chang, Daly, | | | | |Eggman, Gallagher, | | | | |Eduardo Garcia, | | | | |Holden, Jones, | | | | |Obernolte, Quirk, | | | | |Santiago, Wagner, | | | | |Weber, Wood, Chau | | | | | | | | | | | | -------------------------------------------------------------------- SB 139 Page 2 SUMMARY: Raises penalties for possession of synthetic cannabinoids and synthetic stimulants. Expands list of substances prohibited as synthetic cannabinoids. Specifically, this bill: 1)Expands the definition of a synthetic cannabinoid compound by listing additional chemical categories as synthetic cannabinoids. 2)States that an analog of specified synthetic cannabinoids and synthetic stimulants are prohibited in the same fashion as the specified synthetic cannabinoids and synthetic stimulants. 3)Provides that specified synthetic cannabinoids and their analogs may be lawfully obtained and used for research, instruction, or analysis as long as that possession is consistent with federal law. 4)Specifies that "synthetic cannabinoid compound" does not include: a) Any substance that has been approved for a new drug application, as specified, or which is generally recognized as safe and effective for use as specified by federal law. b) Any substance that is allowed for investigational use, as specified, under federal law. 5)Provides that a first offense of using or possessing a synthetic stimulant compound or synthetic cannabinoid is SB 139 Page 3 punishable as an infraction, a second offense is punishable as an infraction or a misdemeanor, and a third or subsequent offense is punishable as a misdemeanor. 6)Authorizes a person charged with specified crimes related to use and possession of synthetic stimulant compounds or synthetic cannabinoid compounds to be eligible to participate in a preguilty plea drug court program. 7)Makes technical changes to the definition of synthetic stimulant compound. EXISTING LAW: 1)Specifies that 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 $1,000, or by both that fine and imprisonment. 2)States that every person who uses or possesses any synthetic cannabinoid compound, or any synthetic cannabinoid derivative, is guilty of an infraction, punishable by a fine not to exceed $250. 3)Defines "synthetic cannabinoid compound" as any of the following substances: a) 1-pentyl-3-(1-naphthoyl)indole (JWH-018); SB 139 Page 4 b) 1-butyl-3-(1-naphthoyl)indole (JWH-073); c) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); d) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497); and e) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol; CP-47,497 C8 homologue). 4)Provides that every person who sells or distributes, or offers to sell or distribute, any synthetic stimulant compound, as specified, to any person, or who possesses that compound 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 $1,000, or by both that fine and imprisonment. 5)Specifies that every person who uses or possesses any synthetic stimulant compound as specified, or any synthetic stimulant derivative, is guilty of an infraction, punishable by a fine not to exceed $250. 6)Provides that the list of prohibited synthetic stimulants include any quantity of the following substances, as specified, within any of the following specific chemical designations: a) Naphthylpyrovalerone whether or not further substituted in the naphthyl ring to any extent with alkyl, alkoxy, SB 139 Page 5 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; and b) 2-amino-1-phenyl-1-propanone (cathinone) or variation in any of the following ways: i) 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. ii) By substitution at the 3-position with an alkyl substituent; iii) By substitution at the nitrogen atom with alkyl, dialkyl, or benzyl groups, or by inclusion of the nitrogen atom in a cyclic structure; and 7)Specifies that a controlled substance analog shall be treated the same as specified controlled substances of which it is an analog. 8)Provides that, except as specified, the term "controlled substance analog" means either of the following: a) A substance the chemical structure of which is substantially similar to the chemical structure of specified controlled substances; or SB 139 Page 6 b) A substance which has, is represented as having, or is intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to, or greater than, the stimulant, depressant, or hallucinogenic effect on the central nervous system of specified controlled substances. 9)Specifies that the term "controlled substance analog" does not mean "any substance for which there is an approved new drug application as specified under the federal Food, Drug, and Cosmetic Act or which is generally recognized as safe and effective as specified by the federal Food, Drug, and Cosmetic Act." 10)Lists controlled substances in five "schedules" - intended to list drugs in decreasing order of harm and increasing medical utility or safety - and provides penalties for possession of and commerce in controlled substances. 11)Requires non-violent drug possession offenders to be offered drug treatment on probation, which shall not include incarceration as a condition of probation, in the form of, Proposition 36 of 2000, the Substance Abuse and Crime Prevention Act of 2000 (SACPA). 12)Provides that non-violent drug possession offenses include: a) Unlawful use, possession for personal use, or transportation for personal use of a controlled substance; and, b) Being under the influence of a controlled substance. SB 139 Page 7 FISCAL EFFECT: According to the Assembly Appropriations Committee, minor, nonreimbursable costs for enforcement and incarceration, offset to a degree by increased fine revenue. COMMENTS: According to the author, "Synthetic cannabinoid compounds have become a growing problem in our community. Part of the reason that drugs dealers are having so much success marketing the drug to teenagers and young adults is that they are able to market them as being legal. Up until my bill last year, simple possession of these drugs was actually perfectly legal under state law. This is despite their well-documented danger. Now it has come to my attention that underground chemists skirt the law by slightly altering the chemical compounds of these 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." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0004225 SB 139 Page 8