BILL NUMBER: SB 1036 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hernandez
FEBRUARY 12, 2016
An act to amend Sections 11400 and 11401 of the Health and Safety
Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 1036, as introduced, Hernandez. Controlled substances:
synthetic cannabinoids: analogs.
Existing law makes it a misdemeanor to sell, dispense,
distribute, furnish, administer, or give, or offer to sell, dispense,
distribute, furnish, administer, or give, or possess for sale, any
synthetic cannabinoid compound or any synthetic cannabinoid
derivative and makes it an infraction to use or possess those drugs.
Existing law provides that a controlled substance analog, which
includes a substance the chemical structure of which is substantially
similar to the chemical structure of a Schedule I or Schedule II
controlled substance, is treated the same as the Schedule I or
Schedule II controlled substance of which it is an analog for the
purposes of specified provisions of law.
This bill would expand the definition of a controlled substance
analog to include a substance the chemical structure of which is
substantially similar to the chemical structure of a synthetic
cannabinoid compound and would require the controlled substance
analogs of synthetic cannabinoid compounds to be treated the same as
the synthetic cannabinoid compound of which it is an analog for the
purpose of the provisions criminalizing synthetic cannabinoid
compounds. By expanding the scope of a crime, this bill would impose
a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11400 of the Health and Safety Code is amended
to read:
11400. The Legislature finds and declares that the laws of this
state which prohibit the possession, possession for sale, offer for
sale, sale, manufacturing, and transportation of controlled
substances are being circumvented by the commission of those acts
with respect to analogs of specified controlled substances which
have, are represented to have, or are intended to have effects on the
central nervous system which are substantially similar to, or
greater than, the controlled substances classified in Sections 11054
and 11055 and the synthetic cannabinoid compounds defined in
Section 11357.5, of which they are analogs. These analogs have
been synthesized by so-called "street chemists" and imported into
this state from other jurisdictions as precursors to, or substitutes
for, controlled substances, substances and
synthetic cannabinoid compounds, due to the nonexistence of
applicable criminal penalties. These analogs present grave dangers to
the health and safety of the people of this state. Therefore, it is
the intent of the Legislature that a controlled substance or
synthetic cannabinoid compound analog as defined in Section
11401 be considered identical, for purposes of the penalties and
punishment specified in Chapter 6 (commencing with Section 11350), to
the controlled substance in Section 11054 or 11055 or the
synthetic cannabinoid compound defined in Section 11357.5
of which it is an analog.
SEC. 2. Section 11401 of the Health and Safety Code is amended to
read:
11401. (a) A controlled substance analog shall, for the purposes
of Chapter 6 (commencing with Section 11350), be treated the same as
the controlled substance classified in Section 11054 or 11055
or the synthetic cannabinoid compound defined in Section 11357.5
of which it is an analog.
(b) Except as provided in subdivision (c), the term "controlled
substance analog" means either of the following:
(1) A substance the chemical structure of which is substantially
similar to the chemical structure of a controlled substance
classified in Section 11054 or 11055. 11055
or a synthetic cannabinoid compound defined in Section 11357.5.
(2) 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 a controlled substance classified in
Section 11054 or 11055. 11055 or a synthetic
cannabinoid compound defined in Section 11357.5.
(c) The term "controlled substance analog" does not mean any of
the following:
(1) Any A substance for
which there is an approved new drug application as defined under
Section 505 of the federal Food, Drug, and Cosmetic Act (21 U.S.C.
Sec. 355) or which that is generally
recognized as safe and effective for use pursuant to Sections 501,
502, and 503 of the federal Food, Drug, and Cosmetic Act (21
U.S. C. U.S.C. Secs. 351, 352, and 353) and
21 C.F.R. Section 330 et seq. Section 330 et
seq. of Title 21 of the Code of Federal Regulations.
(2) With respect to a particular person, any
a substance for which an exemption is in effect for
investigational use for that person under Section 505 of the federal
Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355), to the extent that
the conduct with respect to that substance is pursuant to the
exemption.
(3) Any A substance, before an
exemption as specified in paragraph (2) takes effect with respect to
the substance, to the extent the substance is not intended for human
consumption.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.