BILL ANALYSIS Ó
SB 1036
Page 1
SENATE THIRD READING
SB
1036 (Hernandez)
As Introduced February 12, 2016
Majority vote
SENATE VOTE: 38-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |5-0 |Jones-Sawyer, Lackey, | |
| | |Lopez, Low, Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |18-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonta, | |
| | |Calderon, Chang, | |
| | |Daly, Eggman, | |
| | |Gallagher, | |
| | | | |
| | | | |
| | |Roger Hernández, | |
| | |Holden, Jones, | |
| | |Obernolte, Quirk, | |
| | |Santiago, Wagner, | |
| | |Weber, Wood | |
| | | | |
SB 1036
Page 2
| | | | |
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SUMMARY: Makes it a crime to possess, sell, transport, or
manufacture an analog of a synthetic cannabinoid compound, aka
"Spice." Expands the definition of controlled substance analog
to include a substance the chemical structure of which is
substantially similar to the chemical structure of a synthetic
cannabinoid 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)Specifies that a controlled substance analog shall be treated
the same as specified controlled substances of which it is an
analog.
4)Provides that, except as specified, the term "controlled
substance analog" means either of the following:
SB 1036
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a) A substance the chemical structure of which is
substantially similar to the chemical structure of
specified controlled substances; and
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.
5)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."
6)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.
7)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 (November 2000 election), the Substance Abuse
and Crime Prevention Act of 2000 (SACPA).
8)Provides that non-violent drug possession offenses include:
a) Unlawful use, possession for personal use, or
SB 1036
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transportation for personal use of a controlled substance;
and,
b) Being under the influence of a controlled substance.
FISCAL EFFECT: According to the Assembly Committee on
Appropriations, the fiscal effect of this bill is "[u]nknown
increased local nonreimbursable costs for incarceration, which
will be offset to a degree by fine revenue."
COMMENTS: According to the author, "In 2011, Governor Jerry
Brown signed into law SB 420 (Hernandez), [Chapter 420] banning
the sale of a specific formulation of synthetic cannabis, or
'spice.' Subsequently, spice manufacturers began making
slightly different variations, thus staying one step ahead of
the law. This presents a uniquely difficult situation for
lawmakers, given the deliberate pace with which any new
legislation moves, making it impossible to quickly outlaw new
substances as they come on the market. SB 1036 will allow for
the banning of even slight variations in synthetic marijuana,
provided that the chemical makeup and intoxicating effects are
similar to the already-banned formulation.
"According to the National Conference on State Legislatures
(NCSL) which tracks legislation, analogue laws are: '?to ban
drugs that are not classified as a controlled substance but are
very similar to ones that have been identified and outlawed.
Generally, these laws require that the analogue drug be
substantially similar in chemical structure and intoxicating
(pharmacological) effects as a scheduled controlled substance.
According to the National Alliance for Model State Drug Laws, 34
states have analogue laws, and a number of states have amended
their analogue laws to specifically address emerging synthetic
substances.'
"While outlawing certain families of substances can be helpful,
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the ingenuity of the criminal mind ensures that new, potentially
more dangerous drugs, will take their place. Putting a
comprehensive ban in place will assist in forestalling these
efforts."
Analysis Prepared by: David Billingsley
/ PUB. S. / (916) 319-3744 FN: 0003592