BILL NUMBER: AB 924 CHAPTERED
BILL TEXT
CHAPTER 975
FILED WITH SECRETARY OF STATE OCTOBER 10, 1999
APPROVED BY GOVERNOR OCTOBER 10, 1999
PASSED THE SENATE SEPTEMBER 9, 1999
PASSED THE ASSEMBLY SEPTEMBER 9, 1999
AMENDED IN SENATE SEPTEMBER 7, 1999
AMENDED IN SENATE SEPTEMBER 2, 1999
AMENDED IN SENATE AUGUST 16, 1999
INTRODUCED BY Committee on Public Safety (Honda (Chair), Cunneen
(Vice Chair), Battin, Cedillo, Keeley, Oller, Romero, and Washington)
FEBRUARY 25, 1999
An act to amend Sections 11055, 11100, and 11377 of the Health and
Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 924, Committee on Public Safety. Controlled substances:
gamma-butyrolactone.
(1) Existing law categorizes controlled substances into 5
schedules and places the greatest restrictions on those contained in
Schedule I. Schedule II includes the controlled substance
gamma-hydroxybutyrate.
This bill would revise the above reference in Schedule II to
gamma-hydroxybutyrate so as to provide that gamma-hydroxybutyrate,
including its immediate precursors, isomers, esters, ethers, salts,
and salts of isomers, esters, and ethers, including, but not limited
to, the currently unscheduled depressant gamma-butyrolactone, are all
classified within Schedule II. By creating new crimes relating to
gamma-butyrolactone and related substances, this bill would impose a
state-mandated local program.
(2) Existing law provides that any manufacturer, wholesaler,
retailer, or other person in this state who sells, transfers, or
otherwise furnishes any of a list of specified chemical substances to
any person or business entity in this state or any other state shall
submit a report to the Department of Justice of any transaction
prior to the transaction which report shall include specified
identification information from the purchaser. Failure to submit a
report or to knowingly submit a false report, and a violation of the
provisions on proper identification, are crimes.
This bill would include gamma-butyrolactone within the list of
chemical substances for which the transactional reports specified
above must be made. By expanding the scope of existing crimes, this
bill would impose a state-mandated local program. This bill would
make a conforming change to a related provision.
(3) This bill would incorporate changes to Section 11055 of the
Health and Safety Code made by SB 550 if both this bill and SB 550
are chaptered and this bill is chaptered last.
This bill would incorporate changes to Section 11100 of the Health
and Safety Code made by AB 162 if both this bill and AB 162 are
chaptered and this bill is chaptered last.
(4) 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.
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, 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, including its immediate precursors,
isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers, including, but not limited to, gamma-butyrolactone.
(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. 1.5. 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, 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, including its immediate precursors,
isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers, including, but not limited to, gamma-butyrolactone.
(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:
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).
SEC. 2. Section 11100 of the Health and Safety Code is amended to
read:
11100. (a) Any manufacturer, wholesaler, retailer, or other
person in this state who sells, transfers, or otherwise furnishes any
of the following substances to any person or business entity in this
state or any other state shall submit a report to the Department of
Justice of all of those transactions:
(1) Phenyl-2-propanone.
(2) Methylamine.
(3) Ethylamine.
(4) D-lysergic acid.
(5) Ergotamine tartrate.
(6) Diethyl malonate.
(7) Malonic acid.
(8) Ethyl malonate.
(9) Barbituric acid.
(10) Piperidine.
(11) N-acetylanthranilic acid.
(12) Pyrrolidine.
(13) Phenylacetic acid.
(14) Anthranilic acid.
(15) Morpholine.
(16) Ephedrine.
(17) Pseudoephedrine.
(18) Norpseudoephedrine.
(19) Phenylpropanolamine.
(20) Propionic anhydride.
(21) Isosafrole.
(22) Safrole.
(23) Piperonal.
(24) Thionylchloride.
(25) Benzyl cyanide.
(26) Ergonovine maleate.
(27) N-methylephedrine.
(28) N-ethylephedrine.
(29) N-methylpseudoephedrine.
(30) N-ethylpseudoephedrine.
(31) Chloroephedrine.
(32) Chloropseudoephedrine.
(33) Hydriodic acid.
(34) Gamma-butyrolactone.
(35) Any of the substances listed by the Department of Justice in
regulations promulgated pursuant to subdivision (b).
(b) The Department of Justice may adopt rules and regulations in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code that add substances
to subdivision (a) if the substance is a precursor to a controlled
substance and delete substances from subdivision (a). However, no
regulation adding or deleting a substance shall have any effect
beyond March 1 of the year following the calendar year during which
the regulation was adopted.
(c) (1) Any manufacturer, wholesaler, retailer, or other person in
this state, prior to selling, transferring, or otherwise furnishing
any substance specified in subdivision (a) to any person or business
entity in this state or any other state, shall require (A) a letter
of authorization from that person or business entity that includes
the currently valid business license number or federal Drug
Enforcement Administration (DEA) registration number, the address of
the business, and a full description of how the substance is to be
used, and (B) proper identification from the purchaser. The
requirement for a full description of how the substance is to be used
does not require the person or business entity to reveal their
chemical processes that are typically considered trade secrets and
proprietary information.
(2) For the purposes of this subdivision, "proper identification"
for in-state or out-of-state purchasers includes a valid motor
vehicle operator's license or other official and valid state-issued
identification of the purchaser, or individual representing the
purchasing business entity, which contains a photograph of the
purchaser or purchasing individual, and includes the current domicile
or mailing address of the purchaser or purchasing individual, other
than a post office box number. "Proper identification" also includes
the motor vehicle license number of the motor vehicle used by the
purchaser or purchasing individual at the time of transfer or the
name of the common carrier and the name and valid motor vehicle
operator license number of the driver of the common carrier, and the
signature of the purchaser, purchasing individual, or driver of the
common carrier. The person selling, transferring, or otherwise
furnishing any substance specified in subdivision (a) shall affix his
or her signature as a witness to the signature and identification of
the purchaser, purchasing individual, or driver of the common
carrier.
(d) Any manufacturer, wholesaler, retailer, or other person in
this state who sells, transfers, or otherwise furnishes a substance
specified in subdivision (a) to a person or business entity in this
state or any other state shall, not less than 21 days prior to
delivery of the substance, submit a report of the transaction, which
includes the identification information specified in subdivision (c),
to the Department of Justice. However, the Department of Justice
may authorize the submission of the reports on a monthly basis with
respect to repeated, regular transactions between the furnisher and
the recipient involving the substance or substances if the Department
of Justice determines that the following exist:
(1) A pattern of regular supply of the substance or substances
exists between the manufacturer, wholesaler, retailer, or other
person who sells, transfers, or otherwise furnishes the substance or
substances and the recipient of the substance or substances.
(2) The recipient has established a record of utilization of the
substance or substances for lawful purposes.
(e) This section shall not apply to any of the following:
(1) Any pharmacist or other authorized person who sells or
furnishes a substance upon the prescription of a physician, dentist,
podiatrist, or veterinarian.
(2) Any physician, dentist, podiatrist, or veterinarian who
administers or furnishes a substance to his or her patients.
(3) Any manufacturer licensed by the State Department of Health
Services or wholesaler licensed by the California State Board of
Pharmacy who sells, transfers, or otherwise furnishes a substance to
a licensed pharmacy, physician, dentist, podiatrist, veterinarian, or
retail distributor as defined in subdivision (h), provided that the
manufacturer or wholesaler submits records of any suspicious sales or
transfers as determined by the Department of Justice.
(4) (A) Except as otherwise provided in subparagraphs (B) and (C),
this section shall not apply to any sale, transfer, furnishing, or
receipt of any drug which contains ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine and which is lawfully
sold, transferred, or furnished over the counter without a
prescription pursuant to the federal Food, Drug, and Cosmetic Act (21
U.S.C. Sec. 301 et seq.) or regulations adopted thereunder.
(B) This section shall apply to preparations in solid dosage form
containing ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine as the only active medicinal ingredient.
(C) This section shall not apply to the sale of ordinary
over-the-counter ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine products by retail distributors as defined by
this article. However, in no instance shall the sale of any product
not defined as ordinary over-the-counter ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine by retail distributors be
greater than 24 grams of ephedrine, 24 grams of pseudoephedrine, 24
grams of norpseudoephedrine, or 24 grams of phenylpropanolamine in a
single transaction.
(D) Any ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine product subsequently removed from exemption
pursuant to Section 814 of Title 21 of the United States Code shall
similarly no longer be exempt from any state reporting or permitting
requirement.
(5) Any transfer of a substance specified in subdivision (a) for
purposes of lawful disposal as waste.
(f) (1) Any person specified in subdivision (a) or (d) who does
not submit a report as required by that subdivision or who knowingly
submits a report with false or fictitious information shall be
punished by imprisonment in a county jail not exceeding six months,
by a fine not exceeding five thousand dollars ($5,000), or by both
the fine and imprisonment.
(2) Any person specified in subdivision (a) or (d) who has
previously been convicted of a violation of paragraph (1) shall, upon
a subsequent conviction thereof, be punished by imprisonment in the
state prison, or by imprisonment in a county jail not exceeding one
year, by a fine not exceeding one hundred thousand dollars
($100,000), or by both the fine and imprisonment.
(g) (1) It is unlawful for any manufacturer, wholesaler, retailer,
or other person to sell, transfer, or otherwise furnish a substance
specified in subdivision (a) to a person under 18 years of age.
(2) It is unlawful for any person under 18 years of age to possess
a substance specified in subdivision (a).
(3) A violation of this subdivision is a misdemeanor.
(h) For the purposes of this article, the following terms have the
following meanings:
(1) "Drug store" is any entity described in Code 5912 of the
Standard Industrial Classification (SIC) Manual published by the
United States Office of Management and Budget, 1987 edition.
(2) "General merchandise store" is any entity described in Codes
5311 to 5399, inclusive, and Code 5499 of the Standard Industrial
Classification (SIC) Manual published by the United States Office of
Management and Budget, 1987 edition.
(3) "Grocery store" is any entity described in Code 5411 of the
Standard Industrial Classification (SIC) Manual published by the
United States Office of Management and Budget, 1987 edition.
(4) "Ordinary over-the-counter ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine product" means a product
containing ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine that is required to be reported pursuant to this
article and that is, if not a liquid, either sold in package sizes of
not more than 3.0 grams of ephedrine base, 3.0 grams of
pseudoephedrine base, 3.0 grams of norpseudoephedrine base, or 3.0
grams of phenylpropanolamine base, and is packaged in blister packs,
each blister containing not more than two dosage units, or where the
use of blister packs is technically infeasible, is packaged in unit
dose packets or pouches; or, if a liquid, sold in package sizes of
not more than 3.0 grams of ephedrine base, 3.0 grams of
pseudoephedrine base, 3.0 grams of norpseudoephedrine base, or 3.0
grams of phenylpropanolamine base.
(5) "Retail distributor" means a grocery store, general
merchandise store, drugstore, or other related entity, the activities
of which, as a distributor of ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine products, are limited
exclusively to the sale of ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine products for personal use
both in number of sales and volume of sales, either directly to
walk-in customers or in face-to-face transactions by direct sales.
"Retail distributor" includes an entity that makes a direct sale, but
does not include the parent company of such an entity if the company
is not involved in direct sales regulated by this article.
(6) "Sale for personal use" means the sale in a single transaction
to an individual customer for a legitimate medical use of a product
containing ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine in dosages at or below that specified in
subparagraph (C) of paragraph (4) of subdivision (e). "Sale for
personal use" also includes the sale of those products to employers
to be dispensed to employees from first-aid kits or medicine chests.
SEC. 2.5. Section 11100 of the Health and Safety Code is amended
to read:
11100. (a) Any manufacturer, wholesaler, retailer, or other
person in this state who sells, transfers, or otherwise furnishes any
of the following substances to any person or business entity in this
state or any other state shall submit a report to the Department of
Justice of all of those transactions:
(1) Phenyl-2-propanone.
(2) Methylamine.
(3) Ethylamine.
(4) D-lysergic acid.
(5) Ergotamine tartrate.
(6) Diethyl malonate.
(7) Malonic acid.
(8) Ethyl malonate.
(9) Barbituric acid.
(10) Piperidine.
(11) N-acetylanthranilic acid.
(12) Pyrrolidine.
(13) Phenylacetic acid.
(14) Anthranilic acid.
(15) Morpholine.
(16) Ephedrine.
(17) Pseudoephedrine.
(18) Norpseudoephedrine.
(19) Phenylpropanolamine.
(20) Propionic anhydride.
(21) Isosafrole.
(22) Safrole.
(23) Piperonal.
(24) Thionylchloride.
(25) Benzyl cyanide.
(26) Ergonovine maleate.
(27) N-methylephedrine.
(28) N-ethylephedrine.
(29) N-methylpseudoephedrine.
(30) N-ethylpseudoephedrine.
(31) Chloroephedrine.
(32) Chloropseudoephedrine.
(33) Hydriodic acid.
(34) Gamma-butyrolactone.
(35) Any of the substances listed by the Department of Justice in
regulations promulgated pursuant to subdivision (b).
(b) The Department of Justice may adopt rules and regulations in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code that add substances
to subdivision (a) if the substance is a precursor to a controlled
substance and delete substances from subdivision (a). However, no
regulation adding or deleting a substance shall have any effect
beyond March 1 of the year following the calendar year during which
the regulation was adopted.
(c) (1) Any manufacturer, wholesaler, retailer, or other person in
this state, prior to selling, transferring, or otherwise furnishing
any substance specified in subdivision (a) to any person or business
entity in this state or any other state, shall require (A) a letter
of authorization from that person or business entity that includes
the currently valid business license number or federal Drug
Enforcement Administration (DEA) registration number, the
address of the business, and a full
description of how the substance is to be used, and (B) proper
identification from the purchaser. The requirement for a full
description of how the substance is to be used does not require the
person or business entity to reveal their chemical processes that are
typically considered trade secrets and proprietary information.
(2) For the purposes of this subdivision, "proper identification"
for in-state or out-of-state purchasers includes a valid motor
vehicle operator's license or other official and valid state-issued
identification of the purchaser, or individual representing the
purchasing business entity, which contains a photograph of the
purchaser or purchasing individual, and includes the current
domicile or mailing address of the purchaser or purchasing
individual, other than a post office box number. "Proper
identification" also includes the motor vehicle license number of the
motor vehicle used by the purchaser or purchasing individual at the
time of transfer or the name of the common carrier and the name and
valid motor vehicle operator license number of the driver of the
common carrier, and the signature of the purchaser, purchasing
individual, or driver of the common carrier. The person selling,
transferring, or otherwise furnishing any substance specified in
subdivision (a) shall affix his or her signature as a witness to the
signature and identification of the purchaser, purchasing individual,
or driver of the common carrier.
(d) Any manufacturer, wholesaler, retailer, or other person in
this state who sells, transfers, or otherwise furnishes a substance
specified in subdivision (a) to a person or business entity in this
state or any other state shall, not less than 21 days prior to
delivery of the substance, submit a report of the transaction, which
includes the identification information specified in subdivision (c),
to the Department of Justice. However, the Department of Justice
may authorize the submission of the reports on a monthly basis with
respect to repeated, regular transactions between the furnisher and
the recipient involving the substance or substances if the Department
of Justice determines that the following exist:
(1) A pattern of regular supply of the substance or substances
exists between the manufacturer, wholesaler, retailer, or other
person who sells, transfers, or otherwise furnishes the substance or
substances and the recipient of the substance or substances.
(2) The recipient has established a record of utilization of the
substance or substances for lawful purposes.
(e) This section shall not apply to any of the following:
(1) Any pharmacist or other authorized person who sells or
furnishes a substance upon the prescription of a physician, dentist,
podiatrist, or veterinarian.
(2) Any physician, dentist, podiatrist, or veterinarian who
administers or furnishes a substance to his or her patients.
(3) Any manufacturer licensed by the State Department of Health
Services or wholesaler licensed by the California State Board of
Pharmacy who sells, transfers, or otherwise furnishes a substance to
a licensed pharmacy, physician, dentist, podiatrist, veterinarian, or
retail distributor as defined in subdivision (h), provided that the
manufacturer or wholesaler submits records of any suspicious sales or
transfers as determined by the Department of Justice.
(4) (A) Any sale, transfer, furnishing, or receipt of any drug
which contains ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine and which is lawfully sold, transferred, or
furnished over the counter without a prescription pursuant to the
federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) or
regulations adopted thereunder. However, this section shall apply to
preparations in solid or liquid dosage form, except pediatric liquid
forms, as defined, containing ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine where the individual
transaction involves more than three packages or nine grams of
ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine.
(B) Any ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine product subsequently removed from exemption
pursuant to Section 814 of Title 21 of the United States Code shall
similarly no longer be exempt from any state reporting or permitting
requirement, unless otherwise reinstated pursuant to subdivision (d)
or (e) of Section 814 of Title 21 of the United States Code as an
exempt product.
(5) Any transfer of a substance specified in subdivision (a) for
purposes of lawful disposal as waste.
(f) (1) Any person specified in subdivision (a) or (d) who does
not submit a report as required by that subdivision or who knowingly
submits a report with false or fictitious information shall be
punished by imprisonment in a county jail not exceeding six months,
by a fine not exceeding five thousand dollars ($5,000), or by both
the fine and imprisonment.
(2) Any person specified in subdivision (a) or (d) who has
previously been convicted of a violation of paragraph (1) shall, upon
a subsequent conviction thereof, be punished by imprisonment in the
state prison, or by imprisonment in a county jail not exceeding one
year, by a fine not exceeding one hundred thousand dollars
($100,000), or by both the fine and imprisonment.
(g) (1) Except as otherwise provided in subparagraph (A) of
paragraph (4) of subdivision (e), it is unlawful for any
manufacturer, wholesaler, retailer, or other person to sell,
transfer, or otherwise furnish a substance specified in subdivision
(a) to a person under 18 years of age.
(2) Except as otherwise provided in subparagraph (A) of paragraph
(4) of subdivision (e), it is unlawful for any person under 18 years
of age to possess a substance specified in subdivision (a).
(3) Notwithstanding any other law, it is unlawful for any retail
distributor to (i) sell in a single transaction more than three
packages of a product that he or she knows to contain ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine, or (ii)
knowingly sell more than nine grams of ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine, other than pediatric
liquids as defined. Except as otherwise provided in this section,
the three package per transaction limitation or nine gram per
transaction limitation imposed by this paragraph shall apply to any
product that is lawfully sold, transferred, or furnished over the
counter without a prescription pursuant to the federal Food, Drug,
and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), or regulations adopted
thereunder, unless exempted from the requirements of the federal
Controlled Substances Act by the federal Drug Enforcement
Administration pursuant to Section 814 of Title 21 of the United
States Code.
(4) A violation of this subdivision is a misdemeanor.
(h) For the purposes of this article, the following terms have the
following meanings:
(1) "Drug store" is any entity described in Code 5912 of the
Standard Industrial Classification (SIC) Manual published by the
United States Office of Management and Budget, 1987 edition.
(2) "General merchandise store" is any entity described in Codes
5311 to 5399, inclusive, and Code 5499 of the Standard Industrial
Classification (SIC) Manual published by the United States Office of
Management and Budget, 1987 edition.
(3) "Grocery store" is any entity described in Code 5411 of the
Standard Industrial Classification (SIC) Manual published by the
United States Office of Management and Budget, 1987 edition.
(4) "Pediatric liquid" means a nonencapsulated liquid whose unit
measure according to product labeling is stated in milligrams,
ounces, or other similar measure. In no instance shall the dosage
units exceed 15 milligrams of phenylpropanolamine or pseudoephedrine
per five milliliters of liquid product, except for liquid products
primarily intended for administration to children under two years of
age for which the recommended dosage unit does not exceed two
milliliters and the total package content does not exceed one fluid
ounce.
(5) "Retail distributor" means a grocery store, general
merchandise store, drugstore, or other related entity, the activities
of which, as a distributor of ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine products, are limited
exclusively to the sale of ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine products for personal use
both in number of sales and volume of sales, either directly to
walk-in customers or in face-to-face transactions by direct sales.
"Retail distributor" includes an entity that makes a direct sale, but
does not include the parent company of that entity if the company is
not involved in direct sales regulated by this article.
(6) "Sale for personal use" means the sale in a single transaction
to an individual customer for a legitimate medical use of a product
containing ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine in dosages at or below that specified in
paragraph (3) of subdivision (g). "Sale for personal use" also
includes the sale of those products to employers to be dispensed to
employees from first-aid kits or medicine chests.
(i) It is the intent of the Legislature that this section shall
preempt all local ordinances or regulations governing the sale by a
retail distributor of over-the-counter products containing ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine.
SEC. 3. Section 11377 of the Health and Safety Code is amended to
read:
11377. (a) Except as authorized by law and as otherwise provided
in subdivision (b) or in Article 7 (commencing with Section 4211) of
Chapter 9 of Division 2 of the Business and Professions Code, every
person who possesses any controlled substance which is (1) classified
in Schedule III, IV, or V, and which is not a narcotic drug, (2)
specified in subdivision (d) of Section 11054, except paragraphs
(13), (14), (15), and (20) of subdivision (d), (3) specified in
paragraph (2) or (3) of subdivision (f) of Section 11054, or (4)
specified in subdivision (d), (e), or (f) of Section 11055, unless
upon the prescription of a physician, dentist, podiatrist, or
veterinarian, licensed to practice in this state, shall be punished
by imprisonment in a county jail for a period of not more than one
year or in the state prison.
(b) (1) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in subdivision (f) of
Section 11056, and who has not previously been convicted of such a
violation involving a controlled substance specified in subdivision
(f) of Section 11056, is guilty of a misdemeanor.
(2) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in subdivision (g) of
Section 11056 is guilty of a misdemeanor.
(c) In addition to any fine assessed under subdivision (b), the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates subdivision (a), with the proceeds of this
fine to be used in accordance with Section 1463.23 of the Penal Code.
The court shall, however, take into consideration the defendant's
ability to pay, and no defendant shall be denied probation because of
his or her inability to pay the fine permitted under this
subdivision.
SEC. 4. Section 1.5 of this bill incorporates amendments to
Section 11055 of the Health and Safety Code proposed by both this
bill and SB 550. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2000, (2)
each bill amends Section 11055 of the Health & Safety Code, and (3)
this bill is enacted after SB 550, in which case Section 11055 of the
Health and Safety Code as amended by SB 550, shall remain operative
only until the operative date of this bill, at which time Section 1.5
of this bill shall become operative, and Section 1 of this bill
shall not become operative.
SEC. 5. Section 2.5 of this bill incorporates amendments to
Section 11100 of the Health and Safety Code proposed by both this
bill and AB 162. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2000, (2)
each bill amends Section 11100 of the Health and Safety Code, and (3)
this bill is enacted after AB 162, in which case Section 2 of this
bill shall not become operative.
SEC. 6. 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.