BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 139


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          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


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          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  








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            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);








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             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,  








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               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 









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             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. 










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          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


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