BILL ANALYSIS                                                                                                                                                                                                    Ó






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                       SB 1036|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  SB 1036
          Author:   Hernandez (D) 
          Introduced:2/12/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 4/5/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SUBJECT:   Controlled substances:  synthetic cannabinoids:   
                     analogs


          SOURCE:    Author

          DIGEST:   This bill provides that a synthetic cannabinoid that  
          is an analog of another synthetic cannabinoid on the list of  
          prohibited synthetic cannabinoids shall be treated as though it  
          were specifically included in the list.


          ANALYSIS:  

          Existing law:

          1)Classifies drugs into five schedules in federal statutes.  (21  
            U.S.C. § 812.) 

          2)Follows, in California, the federal schedules, but does not  
            set out the criteria for the schedules that are included in  
            federal law.   (Health & Saf, Code § 11054 et seq.)









                                                                    SB 1036  
                                                                    Page  2


          3)Provides that an analog of a controlled substance that is  
            defined or listed as a Schedule I or II drug shall be "treated  
            the same" as the specifically scheduled drug.  An analog is  
            defined as follows:

             a)   A substance the chemical structure of which is  
               substantially similar to the chemical structure of a  
               controlled substance classified in Section 11054 or 11055.

             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 a  
               controlled substance classified in Section 11054 or 11055.   
               (Health & Saf. Code § 11401, subds. (a)-(b).)

          4)Provides the following exceptions to the analog statute:

             a)   Any 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  
               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. Secs. 351, 352, and 353)  
               and 21 C.F.R. Section 330 et seq.

             b)   With respect to a particular person, any 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.  (Health & Saf. Code § 11401, subd (c).)

          5)Prohibits possession of or commerce in specified drugs by  
            individual statutes, not by reference to or inclusion in the  
            controlled substance schedules.  Such drugs include synthetic  
            cannabinoids and nitrous oxide.  (Health & Saf. Code §  
            11357.5; Pen. Code § 381b and 381c.)

          6)Provides that any person who possesses for sale, sells or  
            furnishes any 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,  







                                                                    SB 1036  
                                                                    Page  3


            subd. (a).)

          7)Provides that, a person who "uses or possesses" a specified  
            synthetic cannabinoid or specified synthetic stimulant is  
            guilty of an infraction.  (Health and Saf. Code § 11357.5.)

          This bill provides that a synthetic cannabinoid will be deemed  
          to be included in the list of prohibited synthetic cannabinoids  
          and subject to the same penalty as those synthetic cannabinoids  
          enumerated in current law, if the drug or chemical is an analog  
          of any synthetic cannabinoid that is specifically included in  
          that list.

          Background

          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. 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.  
          (http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3567606/.)

          California law treats a substance that is the chemical or  
          functional equivalent of a drug listed in Schedule I or II of  
          the controlled substance schedules the same as a scheduled drug.  
           Such a drug is defined as a controlled substance analog.   
          Schedule I drugs are deemed to have no medical utility and a  
          high potential for abuse. Schedule II drugs have legitimate  
          medical uses, but also a high potential for abuse. 

          Newly developed synthetic cannabinoids, or synthetic  
          cannabinoids that are not on the existing list of prohibited  
          synthetic cannabinoids, are not covered by the California analog  
          statute.  That is because they are not included in Schedule I or  
          II of the controlled substances schedules, or any of the five  
          schedules. Illegal synthetic cannabinoids are separately defined  
          and prohibited.  







                                                                    SB 1036  
                                                                    Page  4



          As synthetic cannabinoids are chemically and functionally  
          unusual and variable, it is difficult to predict how this bill  
          would be implemented in practice.  The main commonality among  
          the extremely varied synthetic cannabinoids is that they bind to  
          the same receptors in the brain and elsewhere in the body.  It  
          appears that it has been difficult to develop known samples  
          against which seized drugs or chemicals can be compared to  
          determine if a chemical is a synthetic cannabinoid, if it is a  
          synthetic cannabinoid on a list of prohibited chemicals, or to  
          determine if the chemical is an analog of specifically  
          prohibited synthetic cannabinoid.   

          Discussions with experts at RTI International, a scientific  
          research firm that contracts with the Drug Enforcement  
          Administration, various government entities and private firms,  
          indicated that determining in litigation that any particular  
          chemical is an analog of a prohibited synthetic cannabinoid  
          might not be an easy task.  This would be particularly true if a  
          defendant presented an expert to raise questions about whether a  
          questioned drug is substantially similar in chemical structure  
          to a prohibited synthetic cannabinoid. Further, the effects of  
          synthetic cannabinoids are quite varied.  

          The European Monitoring Center for Drugs and Drug Addition  
          (EMCDDA) reports that most synthetic cannabinoids are  
          manufactured in China and shipped though legitimate distribution  
          networks.  

          The EMCDDA reported on adverse consequences of synthetic  
          cannabinoid use:

              The adverse health effects associated with synthetic  
              cannabinoids are linked to both the intrinsic nature of  
              the substances and to the way the products are  
              produced.  There have been numerous reports of  
              non-fatal intoxications and a small number of deaths  
              associated with their use.  ?Some of these compounds  
              are very potent; therefore the potential for toxic  
              effects is high.  Harm may result from uneven  
              distribution of the substances within the herbal  
              material, result[ing] in products containing doses that  
              are higher than intended.  The reported adverse effects  
              of synthetic cannabinoid products include agitation,  







                                                                    SB 1036  
                                                                    Page  5


              seizures, hypertension, emesis (vomiting) and  
              hypokalemia (low potassium levels).  ?There is some  
              evidence?that synthetic cannabinoids can be associated  
              with psychiatric symptoms?  There are also  
              investigations underway in the US regarding links  
              between the use of synthetic cannabinoids? and [kidney  
              and brain injuries].   
              (http://www.emcdda.europa.eu/topics/pods/synthetic-canna 
              binoids.)

          Synthetic cannabinoids account for a very small proportion of  
          emergency room cases for drug and alcohol overdose or harm.   
          However, very recently, 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.

          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, and the decline was sharp and  
          significant among 12th graders   The declines continued into  
          2014 and were significant for both 10th and 12th graders; use  
          for all grades declined 40% in 2014 from peak use in 2011.   
          Awareness of the dangers of synthetic cannabinoid was up sharply  
          among 12 graders.   
          (http://monitoringthefuture.org/pubs/monographs/mtf-overview2014. 
          pdf)


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          SUPPORT:   (Verified  4/18/16)


          Association of Deputy District Attorneys
          Association for Los Angeles Deputy Sheriffs
          California Association of Code Enforcement Officers
          California College and University Police Chiefs Association
          California Narcotic Officers Association







                                                                    SB 1036  
                                                                    Page  6


          California Police Chiefs Association
          California State Sheriffs' Association
          Consortium Management Group
          Los Angeles County Professional Peace Officers Association
          Los Angeles Police Protective League
          Peace Officers Research Association of California
          Riverside Sheriffs Association


          OPPOSITION:   (Verified  4/18/16)


          American Civil Liberties Union
          California Attorneys for Criminal Justice
          California Public Defenders Association
          Drug Policy Alliance

          ARGUMENTS IN SUPPORT:     

          Consortium Management Group (CMG) argues in support of this  
          bill:

              Synthetic cannabinoids in the last decade have found a  
              substantial market, especially among young people who  
              are looking for an arguably legal alternative to  
              marijuana.  Sold under familiar brand names such as  
              Spice, Scooby Snax and Ks, they seek to mimic the  
              effects of THC in natural cannabinoids.  However, they  
              are toxic and unpredictable, and thus more dangerous  
              than cannabis.  The deadly impact is getting worse.   
              Deaths have tripled in the first half of 2015 compared  
              to the first half of 2014.  During the same period,  
              [synthetic cannabinoid-related] calls to poison centers  
              grew by 229%.  These harms are further highlighted by  
              the comparable safety of natural cannabinoids.  Tragic  
              consequences of use of these drugs have led to new  
              federal and state laws that ban synthetic cannabinoids.  
               However, manufacturers have tried to stay a step ahead  
              of the law by changing the chemicals so that the new  
              compound is legal.  In some cases, these changes have  
              made synthetic cannabinoids more unpredictable and  
              dangerous.  SB 1036 endeavors to stay ahead of the  
              manufacturers by adding synthetic cannabinoids to  
              current law that makes analogs of specified controlled  







                                                                    SB 1036  
                                                                    Page  7


              substances subject to the same prohibitions as the  
              controlled substances themselves.  

              CMG works with Caliva, a major medical marijuana  
              dispensary in San Jose.  CMG strongly supports new laws  
              enacted to create structure for and ensure oversight of  
              the growing medical cannabis industry.  A goal of this  
              new statutory scheme is to ensure protection for  
              medical marijuana patients. Allowing the perpetuation  
              of an unpredictable, life-threatening synthetic  
              compound that is inappropriately characterized as an  
              alternative to cannabis is antithetical to that goal.  


          ARGUMENTS IN OPPOSITION:     


          The Drug Policy Alliance (DPA) argues in opposition:


              DPA opposes punishing people for simple possession of a  
              controlled substance. There is no evidence that  
              criminalizing drug possession reduces drug use or harm.  
              Forty-five years of the war on drugs demonstrates that  
              prohibition and punishment have not reduced drug use, but  
              have exacerbated associated harms.


              California criminalized possession of specified synthetic  
              cannabinoids in legislation that became effective on January  
              1st of this year.  Laws criminalizing synthetic compounds  
              have not contributed to decreasing the already low rates of  
              use anywhere in the United States.  And there is no urgent  
              need to widen the net of punishment in California.  On the  
              contrary, criminalization can exacerbate health risks by  
              pushing risky behavior underground where people who need  
              help the most are the least likely to get it. This is  
              particularly true for synthetic cannabinoid compounds which  
              can be easily acquired through online retailers, many based  
              in foreign countries - a threat that will not be removed by  
              California prohibitions.  Moreover, expanding drug  
              prohibition to include new synthetic drugs will result in  
              significantly more wasteful drug war spending without  
              deceasing rates of distribution or use.







                                                                    SB 1036  
                                                                    Page  8




              Rather than enact more prohibitions, the state and federal  
              governments should fund research to better understand the  
              potential harms of synthetic cannabis and educate the  
              public. Comprehensive education and prevention are working  
              to greatly reduce tobacco use, a drug that has contributed  
              to more deaths than alcohol and illicit drugs combined.   
              Lawmakers across the country are calling for a public  
              health, rather than criminal justice, approach to dealing  
              with illicit drugs. SB 1036 (Hernandez) takes the wrong  
              approach by perpetuating the criminalization of a health  
              issue.




          Prepared by:Jerome McGuire / PUB. S. /
          4/20/16 15:58:13


                                   ****  END  ****