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
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|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 | |
| | | | |
| | | | |
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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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