SB 1367, as amended, Runner. Harmful substances: local regulation.
Existing law prohibits the operation of a place of business in which drug paraphernalia is kept, displayed, or sold unless the drug paraphernalia is completely kept within a separate room or enclosure to which persons under 18 years of age are excluded. Existing law prohibits the sale of synthetic cannabinoid compounds, as specified.
This bill would allow a city, county, or city and county, to regulate, by ordinance, the sale ofbegin delete substances that poseend deletebegin insert a substance used as a recreational drug that posesend insert a threat to human life or health and a particular risk to minors if specified conditions are met, including the fact that thebegin insert
substance is sold under a product name or label that is clearly identifiable, there is substantial evidence that theend insert substance has been advertised, purchased,begin insert sold,end insert or consumed as a recreationalbegin delete drug andend deletebegin insert drug, and there is substantial evidence thatend insert the substance can cause intoxication, disability, or death ifbegin delete swallowed,end deletebegin insert ingestedend insert smoked, inhaled, or injected into the body. The bill would allow the city council or board of supervisors to require vendors to maintain records of sale, make
inventory available for inspection by a peace officer, and store the substance in a secure place that cannot be accessed by minors. The bill would allow the city, county, or city and county, tobegin insert
prohibit the sale of the substance to minors andend insert require the payment of a penalty for noncompliance with the ordinance, not to exceed $250.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11364.6 is added to the Health and Safety
2Code, to read:
(a) A city, county, or city and county, may regulate,
4pursuant to subdivision (b), the sale ofbegin delete substances that poseend deletebegin insert a
5substance used as a recreational drug that posesend insert a threat to human
6life or health and a particular risk to minors if the city council or
7board of supervisorsbegin delete find,end deletebegin insert finds,end insert after notice and a public hearing,
8that each of the following conditions are true:
9(1) The substance isbegin delete labeledend deletebegin insert packaged or labeled as a product
10to be usedend insert for purposes other than humanbegin delete consumption.end delete
11
begin insert consumption, ingestion, inhalation, or dermal application.end insert
12
(2) The substance is sold under a product name or label that is
13clearly identifiable.
14(2)
end delete
15begin insert(3)end insert The sale of the substance is notbegin delete alreadyend delete regulated by the
16state or federal government as toxic tobegin delete humans.end deletebegin insert humans and it is
17notend insertbegin insert unlawful for any person, firm, or corporation to sell the
18substance to a person under 18 years of age.end insert
19(3) The substance can cause intoxication, disability, or death if
20
it is swallowed, smoked, inhaled, or injected into the human body.
21
(4) There is substantial evidence that the substance can cause
22intoxication, disability, or death if it is ingested, smoked, inhaled,
23or injected into the human body.
24(4)
end delete
25begin insert(5)end insert There is substantial evidence that the substance has in fact
26been advertised, purchased,begin insert sold,end insert or consumed as a
recreational
27drug.
28(5)
end delete
29begin insert(6)end insert The unregulated sale of the substance creates a continuing
30and particular risk to the health and safety of children and young
31adults in the community.
32(6)
end delete
P3 1begin insert(7)end insert Regulating the sale of the substance would mitigate the risk
2to minorsbegin delete livingend delete
in the community.
3(b) Upon finding that all of the conditions of subdivision (a)
4have been met, the city council or board of supervisors may
5regulate the sale of thebegin delete identified substancesend deletebegin insert
substance, identified
6by a product name or label,end insert following the adoption of anbegin delete ordinance begin insert ordinance. The ordinanceend insert
may, no less than 30 days after
7whichend delete
8actual notice, require vendors to comply with any of the following
9conditions:
10(1) Maintain all records of purchase of thebegin delete substance.end deletebegin insert substance
11identified in the ordinance by a product name or label.end insert
12(2) Make inventorybegin insert of the substance identified in the ordinance
13by a product name or labelend insert available for inspection upon request
14of a peace officer.
15(3) Store the substance in a secure place that cannot be accessed
16by minors.
17(4) Maintain a registry of sale to ensure that the substance is
18not sold to any person under 18 years of age.
19(5) Require payment of a penalty for noncompliance with the
20ordinance enacted pursuant to this subdivision, not to exceed two
21hundred fifty dollars ($250) per violation.
22(6) Prohibit the sale of thebegin delete identified substancesend deletebegin insert substance
23identified in the ordinance by a product name or labelend insert to minors.
24(7) Any other regulation allowable pursuant to Section 7 of
25Article XI of the California
Constitution.
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