BILL ANALYSIS                                                                                                                                                                                                    Ó




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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
                                   ****  END  ****