BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 139|
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UNFINISHED BUSINESS
Bill No: SB 139
Author: Galgiani (D), et al.
Amended: 8/18/16
Vote: 27 - Urgency
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 7/14/15
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 40-0, 9/1/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block,
Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,
Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,
Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,
Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner,
Stone, Vidak, Wieckowski, Wolk
ASSEMBLY FLOOR: 77-0, 8/22/16 - See last page for vote
SUBJECT: Controlled substances
SOURCE: California Narcotics Officers Association
DIGEST: This bill (1) provides that possession of specified
synthetic cannabinoids or stimulants is a crime, as follows:
First offense is an infraction; a second offense is an
infraction or misdemeanor, a third or subsequent offense is a
misdemeanor; (2) provides that a person charged with possession
of a one of these drugs is eligible for a preguilty plea
education and treatment program; (3) states that relapse is
expected in treatment such that a program participant should
not be dismissed for a positive drug test if he or she is making
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any progress; (4) includes legislative findings that drug abuse
is a chronically relapsing condition and that treatment is
cumulative; (5) adds numerous specified drugs or chemicals to
the existing list of prohibited synthetic cannabinoids; and (6)
adds specified synthetic stimulants to the statutory list of
prohibited drugs of that type.
Assembly Amendments (1) include a pre-plea penalty and education
or treatment system for a person found in possession of
synthetic cannabinoid or stimulant; (2) make legislative
findings that drug abuse is a chronically relapsing condition
for which treatment is cumulative; (3) provide an exemption from
criminal penalties for approved research; (4) clarify that drug
commerce defendants are not eligible for the preplea diversion
program; (5) state, specifically, that analogs of synthetic
cannabinoids or stimulants are prohibited substances; and 6) add
an urgency clause.
ANALYSIS:
Existing law:
1) Provides that any person who possesses for sale, sells or
furnishes any specified synthetic cannabinoid compound shall
be punished by imprisonment in the county jail for up to six
months, a fine of up to $1,000, or both. (Health & Saf. Code
§ 11357, subd. (a.)
2) Provides that any person who sells, dispenses, distributes,
or gives the stimulant substances naphthylpyrovalerone or
cathinone, or specified variations of these drugs, or who
offers to do such acts, is guilty of a misdemeanor,
punishable by a jail term of up to six months, a fine of up
to $1,000, or both. (Health & Saf. Code § 11375.5.)
3) Defines "synthetic cannabinoid compound" as any of the
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following substances (Health & Saf. Code § 11357.5, subd.
(c).):
a) 1-pentyl-3-(1-naphthoyl)indole (JWH-018);
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 one thousand dollars ($1,000), or by
both that fine and imprisonment. (Health & Saf. Code §
11375.5, subd. (a).)
5) Specifies that every person who uses or possesses any
synthetic stimulant compound specified in subdivision (c), or
any synthetic stimulant derivative, is guilty of an
infraction, punishable by a fine not to exceed two hundred
fifty dollars ($250). (Health & Saf. Code § 11375.5, subd.
(b).)
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 (Health & Saf. Code § 11375.5, subd. (c).):
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a) Naphthylpyrovalerone whether or not further
substituted in the naphthyl ring to any extent with alkyl,
alkoxy, 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. (Health & Saf. Code § 11401, subd. (a).)
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 (Health & Saf.Code §
11401, subd. (b)(1).)
b) A substance which has, is represented as having, or is
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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.
(Health & Saf. Code § 11401, subd. (b)(2).)
9) Provides that the entry of judgment may be deferred for a
defendant charged with specific controlled substance offenses
if the defendant meets specific criteria, including that he
or she has no prior convictions for any offense involving a
controlled substance and no prior felony convictions within
five years. (Pen. Code § 1000.)
10)Provides that a superior court may administer a pre-plea
drug diversion program if the court, the county district
attorney and the public defender agree. (Pen. Code §
1000.5.)
11)Provides that upon successful completion of a deferred entry
of judgment or diversion, the arrest upon which the judgment
was deferred shall be deemed to never have occurred. The
defendant may in response to any question in regard to his or
her prior criminal record that he or she was not arrested or
granted deferred entry of judgment, except as specified.
(Pen. Code § 1000.4, subd. (a).)
This bill:
1) Expands the definition of a synthetic cannabinoid compound
by listing additional chemical categories and myriad
individual chemicals as synthetic cannabinoids.
2) Provides that a first offense of using or possessing a
synthetic stimulant compound or synthetic cannabinoid is
punishable as an infraction, a second offense is punishable
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as an infraction or a misdemeanor, and a third or subsequent
offense is punishable as a misdemeanor.
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.
4) Makes legislative findings that drug abuse is a chronically
relapsing condition, relapse is to be expected in treatment
and treatment is cumulatively beneficial.
5) Provides that a person in a treatment and education program
for possession of a synthetic cannabinoid or stimulant should
not be dismissed from the program for a positive test for
drugs or alcohol if the person is otherwise making progress
in the program.
6) Makes technical changes to the definition of synthetic
stimulant compound.
7) Provides - consistent with SB 1036 (Herndandez), passed by
the Legislature on August 19, 2016 - that an analog of a
specifically enumerated synthetic cannabinoid shall be
considered a prohibited synthetic cannabinoid.
Background
According to the author:
Synthetic cannabinoids are a growing problem. 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
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bill last year, simple possession of these drugs was
actually perfectly legal under state law, despite their
well-documented danger. 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.
In 2014, the Senate Public Safety Committee heard another bill -
SB 1283 (Galgiani, Chapter 372) - concerning synthetic
cannabinoids and synthetic stimulant drugs. SB 1283 becomes
effective in 2016. SB 1283 was amended in this Committee to
reflect the same basic penalty structure as in this bill. That
is, a first offense is an infraction, punishable by a fine of up
to $250. A second offense is an infraction or a misdemeanor. A
third or subsequent offense is a misdemeanor. However, the bill
included novel provisions concerning the education and treatment
of defendants found to be in possession of a listed synthetic
drug. The amendments provided that a defendant could elect to
participate in an education program and obtain a return of his
or her fine upon successful completion of the program.
Synthetic cannabinoids come in two basic forms. CB1
cannabinoids bind to CB1 cannabinoid receptors in the brain.
CB2 cannabinoid receptors bind to cells throughout the body that
are largely involved in regulating the immune system. THC binds
to CB1 and CB2 receptors. CB1 cannabinoids have psychoactive
properties.
(http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3567606/) Typically
statutes, news reports and academic works concern CB1 synthetic
cannabinoids. Synthetic cannabinoid compounds were developed in
basic medical research for controlled studies of the functions
of cannabinoid receptors in the brain and body. These receptors
bind with endogenous cannabinoids (produced naturally in the
body) and with the active chemicals in cannabis.
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Recently, emergency room (ER) visits for synthetic cannabinoids
have spiked. As use of these drugs appears to be dropping, the
surge in ER visits is likely the result of a dangerous change in
chemical composition of the drugs. One who obtains a synthetic
cannabinoid can only guess as to its composition and effects.
(http://www.nytimes.com/2015/04/25/health/surge-in-hospital-visit
s-linked-to-a-drug-called-spice-alarms-health-officials.html)
The University of Michigan Monitoring the Future survey first
asked 8th and 10th graders about their use of synthetic
[cannabinoids] in 2011. The survey found that in 2012 annual
prevalence rates were 4.4% and 8.8%, respectively. Use in all
grades dropped in 2013, especially among 12th graders. The
declines continued into 2014. Awareness of the dangers of
synthetic cannabinoid was up sharply.
(http://monitoringthefuture.org/pubs/monographs/mtf-overview2014.
pdf.)
The Legislature has passed SB 1036 (Hernandez), which provides
that any analog of a synthetic cannabinoid shall be treated as a
specifically prohibited synthetic cannabinoid. This bill
appears intended to describe the known universe of synthetic
cannabinoids. SB 1036 is intended to cover any version of a
synthetic cannabinoid that is developed after this bill becomes
effective. Discussions with experts in the field indicate that
it may be difficult to establish that any particular chemical is
an analog of a specifically prohibited synthetic cannabinoid, as
the drugs can be chemically unique and varied in effects.
Recent research has compared the effectiveness of varying forms
of court-based drug treatment with other forms or sources of
treatment demand. University of California Los Angeles studies
of the effectiveness of the Substance Abuse and Crime Prevention
Act of 2000 (SACPA) were released in 2003 and 2006. SACPA
requires drug treatment without incarceration for non-violent
drug possession. The SACPA model was as effective as drug court
or voluntary treatment models. Improvements in funding
allocations and programs would have produced better results.
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(http://www.uclaisap.org/prop36/documents/sacpa_costanalysis.pdf.
)
An extensive 2007 study of 474 drug offenders in drug court in
Maricopa County Arizona (the Phoenix area) compared the outcomes
in drug court treatment for persons who were subject to jail
sanctions against those who were not subject to sanctions. The
study found that the threat of jail sanctions did not affect the
participant's rate of retention in or completion of the program.
This bill allows a participant in a true diversion programs (no
guilty plea is required) to remain in the program after a
positive drug or alcohol test if he or she is otherwise making
progress.
FISCAL EFFECT: Appropriation: No Fiscal
Com:YesLocal: Yes
According to the Assembly Appropriations Committee: "Minor,
nonreimbursable costs for enforcement and incarceration, offset
to a degree by increased fine revenue."
SUPPORT: (Verified8/22/16)
California Narcotic Officers Association (source)
Association for Los Angeles Deputy Sheriffs
California Association of Code Enforcement Officers
California College and University Police Chiefs Association
California District Attorneys Association
California Police Chiefs Association
California State Sheriffs' Association
Los Angeles Police Protective League
Riverside Sheriffs' Association
OPPOSITION: (Verified8/22/16)
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American Civil Liberties Union
Drug Policy Alliance
Legal Services for Prisoners with Children
ASSEMBLY FLOOR: 77-0, 8/22/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,
Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,
Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,
Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Ridley-Thomas, Rodriguez, Salas,
Santiago, Steinorth, Mark Stone, Thurmond, Wagner, Waldron,
Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Melendez, Quirk, Ting
Prepared by:Jerome McGuire / PUB. S. /
8/30/16 20:28:23
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