BILL NUMBER: AB 6 CHAPTERED BILL TEXT CHAPTER 560 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 1997 APPROVED BY GOVERNOR SEPTEMBER 28, 1997 PASSED THE SENATE SEPTEMBER 5, 1997 PASSED THE ASSEMBLY JUNE 3, 1997 AMENDED IN ASSEMBLY MARCH 3, 1997 INTRODUCED BY Assembly Member Bowler DECEMBER 2, 1996 An act to amend Section 11055 of the Health and Safety Code, relating to controlled substances, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 6, Bowler. Controlled substances: gamma-hydroxybutyrate. Existing law categorizes controlled substances into 5 schedules and places the greatest restrictions on those contained in Schedule I. Controlled substances contained in Schedule II may be lawfully prescribed under limited circumstances. This bill would include in Schedule II the sedative and hypnotic drug gamma-hydroxybutyrate. This bill would impose a state-mandated local program upon local governments by creating new crimes with respect to gamma-hydroxybutyrate. 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. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11055 of the Health and Safety Code is amended to read: 11055. (a) The controlled substances listed in this section are included in Schedule II. (b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis: (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, with the exception of naloxone hydrochloride (N-allyl-14-hydroxy-nordihydromorphinone hydrochloride), but including the following: (A) Raw opium. (B) Opium extracts. (C) Opium fluid extracts. (D) Powdered opium. (E) Granulated opium. (F) Tincture of opium. (G) Apomorphine. (H) Codeine. (I) Ethylmorphine. (J) Hydrocodone. (K) Hydromorphone. (L) Metopon. (M) Morphine. (N) Oxycodone. (O) Oxymorphone. (P) Thebaine. (2) Any salt, compound, isomer, or derivative, whether natural or synthetic, of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium. (3) Opium poppy and poppy straw. (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine. (5) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy). (6) Cocaine, except as specified in Section 11054. (7) Ecgonine, whether natural or synthetic, or any salt, isomer, derivative, or preparation thereof. (c) Opiates. Unless specifically excepted or unless in another schedule, any of the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted: (1) Alfentanyl. (2) Alphaprodine. (3) Anileridine. (4) Bezitramide. (5) Bulk dextropropoxyphene (nondosage forms). (6) Dihydrocodeine. (7) Diphenoxylate. (8) Fentanyl. (9) Isomethadone. (10) Levoalphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM. This substance is authorized for the treatment of narcotic addicts under federal law (see Part 291 (commencing with Section 291.501) and Part 1308 (commencing with Section 1308.01) of Title 21 of the Code of Federal Regulations). (11) Levomethorphan. (12) Levorphanol. (13) Metazocine. (14) Methadone. (15) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane. (16) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid. (17) Pethidine (meperidine). (18) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine. (19) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate. (20) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid. (21) Phenazocine. (22) Piminodine. (23) Racemethorphan. (24) Racemorphan. (25) Sufentanyl. (d) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system: (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers. (2) Methamphetamine, its salts, isomers, and salts of its isomers. (3) Dimethylamphetamine (N,N-dimethylamphetamine), its salts, isomers, and salts of its isomers. (4) N-Ethylmethamphetamine (N-ethyl, N-methylamphetamine), its salts, isomers, and salts of its isomers. (5) Phenmetrazine and its salts. (6) Methylphenidate. (e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Amobarbital. (2) Pentobarbital. (3) Phencyclidines, including the following: (A) 1-(1-phenylcyclohexyl) piperidine (PCP). (B) 1-(1-phenylcyclohexyl) morpholine (PCM). (C) Any analog of phencyclidine which is added by the Attorney General by regulation pursuant to this paragraph. The Attorney General, or his or her designee, may, by rule or regulation, add additional analogs of phencyclidine to those enumerated in this paragraph after notice, posting, and hearing pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The Attorney General shall, in the calendar year of the regular session of the Legislature in which the rule or regulation is adopted, submit a draft of a proposed bill to each house of the Legislature which would incorporate the analogs into this code. No rule or regulation shall remain in effect beyond January 1 after the calendar year of the regular session in which the draft of the proposed bill is submitted to each house. However, if the draft of the proposed bill is submitted during a recess of the Legislature exceeding 45 calendar days, the rule or regulation shall be effective until January 1 after the next calendar year. (4) Secobarbital. (5) Glutethimide. (6) Gamma-hydroxybutyrate. (f) Immediate precursors. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances: (1) Immediate precursor to amphetamine and methamphetamine: (A) Phenylacetone. Some trade or other names: phenyl-2 propanone; P2P; benzyl methyl ketone; methyl benzyl ketone. (2) Immediate precursors to phencyclidine (PCP): (A) 1-phenylcyclohexylamine. (B) 1-piperidinocyclohexane carbonitrile (PCC). (g) Hallucinogenic substances. Any of the following hallucinogenic substances: dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the federal Food and Drug Administration. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: Since November of 1990, there have been increasing reports of the dangers of the drug gamma-hydroxybutyrate. There have been reports that gamma-hydroxybutyrate has caused ailments ranging from nausea and respiratory problems to seizures and comas, and according to health care practitioners, the drug is very easy to overdose on and has a potential for causing death. This act would seek to reduce these dangerous occurrences by classifying the drug as a Schedule II controlled substance so that the drug would only be lawfully available for research and, under limited circumstances, upon prescription by a licensed health care practitioner. In order to protect the health and well-being of the public as soon as possible, it is necessary that this act go into immediate effect.