BILL NUMBER: SB 550 CHAPTERED
BILL TEXT
CHAPTER 8
FILED WITH SECRETARY OF STATE MARCH 29, 2000
APPROVED BY GOVERNOR MARCH 29, 2000
PASSED THE SENATE MARCH 16, 2000
PASSED THE ASSEMBLY MARCH 9, 2000
AMENDED IN ASSEMBLY MARCH 2, 2000
AMENDED IN ASSEMBLY AUGUST 23, 1999
AMENDED IN SENATE APRIL 26, 1999
INTRODUCED BY Senator Johnston
FEBRUARY 19, 1999
An act to amend Sections 11055, 11056, 11350, 11351, 11352, 11353,
11354, and 11355 of the Health and Safety Code, relating to
controlled substances, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 550, Johnston. Dronabinol: reclassification.
Existing law categorizes controlled substances into 5 schedules
and places the greatest restrictions on those contained in Schedule
I. Existing law places the controlled substance dronabinol into
Schedule II.
This bill would instead place the controlled substance dronabinol
in Schedule III, but would not change the criminal penalties attached
to unlawful transactions involving dronabinol. Rescheduling
dronabinol from Schedule II to Schedule III would result in reduced
requirements for the written prescription of the drug, such as
eliminating the need to prepare the prescription in triplicate with a
copy thereof being submitted to the Department of Justice, and would
authorize the oral prescription of the drug, as specified.
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, 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).
SEC. 2. Section 11056 of the Health and Safety Code is amended to
read:
11056. (a) The controlled substances listed in this section are
included in Schedule III.
(b) 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, including its salts,
isomers (whether optical, position, or geometric), and salts of those
isomers whenever the existence of those salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) Those compounds, mixtures, or preparations in dosage unit form
containing any stimulant substances listed in Schedule II which
compounds, mixtures, or preparations were listed on August 25, 1971,
as excepted compounds under Section 1308.32 of Title 21 of the Code
of Federal Regulations, and any other drug of the quantitative
composition shown in that list for those drugs or which is the same
except that it contains a lesser quantity of controlled substances.
(2) Benzphetamine.
(3) Chlorphentermine.
(4) Clortermine.
(5) Mazindol.
(6) Phendimetrazine.
(c) 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:
(1) Any compound, mixture, or preparation containing any of the
following:
(A) Amobarbital
(B) Secobarbital
(C) Pentobarbital
or any salt thereof and one or more other active medicinal
ingredients which are not listed in any schedule.
(2) Any suppository dosage form containing any of the following:
(A) Amobarbital
(B) Secobarbital
(C) Pentobarbital
or any salt of any of these drugs and approved by the federal Food
and Drug Administration for marketing only as a suppository.
(3) Any substance which contains any quantity of a derivative of
barbituric acid or any salt thereof.
(4) Chlorhexadol.
(5) Lysergic acid.
(6) Lysergic acid amide.
(7) Methyprylon.
(8) Sulfondiethylmethane.
(9) Sulfonethylmethane.
(10) Sulfonmethane.
(d) Nalorphine.
(e) Narcotic drugs. Unless specifically excepted or unless listed
in another schedule, any material, compound, mixture, or preparation
containing any of the following narcotic drugs, or their salts
calculated as the free anhydrous base or alkaloid, in limited
quantities as set forth below:
(1) Not more than 1.8 grams of codeine per 100 milliliters or not
more than 90 milligrams per dosage unit, with an equal or greater
quantity of an isoquinoline alkaloid of opium.
(2) Not more than 1.8 grams of codeine per 100 milliliters or not
more than 90 milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts.
(3) Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with a
fourfold or greater quantity of an isoquinoline alkaloid of opium.
(4) Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with one
or more active nonnarcotic ingredients in recognized therapeutic
amounts. Additionally, oral liquid preparations of dihydrocodeinone
containing the above specified amounts may not contain as its
nonnarcotic ingredients two or more antihistamines in combination
with each other.
(5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters
or not more than 90 milligrams per dosage unit, with one or more
active nonnarcotic ingredients in recognized therapeutic amounts.
(6) Not more than 300 milligrams of ethylmorphine per 100
milliliters or not more than 15 milligrams per dosage unit, with one
or more active, nonnarcotic ingredients in recognized therapeutic
amounts.
(7) Not more than 500 milligrams of opium per 100 milliliters or
per 100 grams or not more than 25 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized therapeutic
amounts.
(8) Not more than 50 milligrams of morphine per 100 milliliters or
per 100 grams, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.
(f) Anabolic steroids and chorionic gonadotropin. Any material,
compound, mixture, or preparation containing chorionic gonadotropin
or an anabolic steroid (excluding anabolic steroid products listed in
the "Table of Exempt Anabolic Steroid Products" (Section 1308.34 of
Title 21 of the Code of Federal Regulations), as exempt from the
federal Controlled Substances Act (Section 801 and following of Title
21 of the United States Code)), including, but not limited to, the
following:
(1) Androisoxazole.
(2) Androstenediol.
(3) Bolandiol.
(4) Bolasterone.
(5) Boldenone.
(6) Chlormethandienone.
(7) Clostebol.
(8) Dihydromesterone.
(9) Ethylestrenol.
(10) Fluoxymesterone.
(11) Formyldienolone.
(12) 4-Hydroxy-19-nortestosterone.
(13) Mesterolone.
(14) Methandriol.
(15) Methandrostenolone.
(16) Methenolone.
(17) 17-Methyltestosterone.
(18) Methyltrienolone.
(19) Nandrolone.
(20) Norbolethone.
(21) Norethandrolone.
(22) Normethandrolone.
(23) Oxandrolone.
(24) Oxymestrone.
(25) Oxymetholone.
(26) Quinbolone.
(27) Stanolone.
(28) Stanozolol.
(29) Stenbolone.
(30) Testosterone.
(31) Trenbolone.
(32) Chorionic Gonadotropin (HGC).
(g) Ketamine. Any material, compound, mixture, or preparation
containing ketamine.
(h) 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. 3. Section 11350 of the Health and Safety Code is amended to
read:
11350. (a) Except as otherwise provided in this division, every
person who possesses (1) any controlled substance specified in
subdivision (b) or (c), or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) any controlled substance classified in Schedule III,
IV, or V which is a narcotic drug, unless upon the written
prescription of a physician, dentist, podiatrist, or veterinarian
licensed to practice in this state, shall be punished by imprisonment
in the state prison.
(b) Except as otherwise provided in this division, every person
who possesses any controlled substance specified in subdivision (e)
of Section 11054 shall be punished by imprisonment in the county jail
for not more than one year or in the state prison.
(c) Except as otherwise provided in this division, whenever a
person who possesses any of the controlled substances specified in
subdivision (a) or (b), the judge may, in addition to any punishment
provided for pursuant to subdivision (a) or (b), assess against that
person a fine not to exceed seventy dollars ($70) with 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.
(d) Except in unusual cases in which it would not serve the
interest of justice to do so, whenever a court grants probation
pursuant to a felony conviction under this section, in addition to
any other conditions of probation which may be imposed, the following
conditions of probation shall be ordered:
(1) For a first offense under this section, a fine of at least one
thousand dollars ($1,000) or community service.
(2) For a second or subsequent offense under this section, a fine
of at least two thousand dollars ($2,000) or community service.
(3) If a defendant does not have the ability to pay the minimum
fines specified in paragraphs (1) and (2), community service shall be
ordered in lieu of the fine.
SEC. 4. Section 11351 of the Health and Safety Code is amended to
read:
11351. Except as otherwise provided in this division, every
person who possesses for sale or purchases for purposes of sale (1)
any controlled substance specified in subdivision (b), (c), or (e) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) any controlled substance classified in Schedule III,
IV, or V which is a narcotic drug, shall be punished by imprisonment
in the state prison for two, three, or four years.
SEC. 5. Section 11352 of the Health and Safety Code is amended to
read:
11352. (a) Except as otherwise provided in this division, every
person who transports, imports into this state, sells, furnishes,
administers, or gives away, or offers to transport, import into this
state, sell, furnish, administer, or give away, or attempts to import
into this state or transport (1) any controlled substance specified
in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f)
of Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) any controlled substance classified in Schedule III,
IV, or V which is a narcotic drug, unless upon the written
prescription of a physician, dentist, podiatrist, or veterinarian
licensed to practice in this state, shall be punished by imprisonment
in the state prison for three, four, or five years.
(b) Notwithstanding the penalty provisions of subdivision (a), any
person who transports for sale any controlled substances specified
in subdivision (a) within this state from one county to another
noncontiguous county shall be punished by imprisonment in the state
prison for three, six, or nine years.
SEC. 6. Section 11353 of the Health and Safety Code is amended to
read:
11353. Every person 18 years of age or over, (a) who in any
voluntary manner solicits, induces, encourages, or intimidates any
minor with the intent that the minor shall violate any provision of
this chapter or Section 11550 with respect to either (1) a controlled
substance which is specified in subdivision (b), (c), or (e), or
paragraph (1) of subdivision (f) of Section 11054, specified in
paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or
specified in subdivision (b) or (c) of Section 11055, or specified
in subdivision (h) of Section 11056, or (2) any controlled substance
classified in Schedule III, IV, or V which is a narcotic drug, (b)
who hires, employs, or uses a minor to unlawfully transport, carry,
sell, give away, prepare for sale, or peddle any such controlled
substance, or (c) who unlawfully sells, furnishes, administers,
gives, or offers to sell, furnish, administer, or give, any such
controlled substance to a minor, shall be punished by imprisonment in
the state prison for a period of three, six, or nine years.
SEC. 7. Section 11354 of the Health and Safety Code is amended to
read:
11354. (a) Every person under the age of 18 years who in any
voluntary manner solicits, induces, encourages, or intimidates any
minor with the intent that the minor shall violate any provision of
this chapter or Section 11550, who hires, employs, or uses a minor to
unlawfully transport, carry, sell, give away, prepare for sale, or
peddle (1) any controlled substance specified in subdivision (b),
(c), or (e), or paragraph (1) of subdivision (f) of Section 11054,
specified in paragraph (14), (15), or (20) of subdivision (d) of
Section 11054, or specified in subdivision (b) or (c) of Section
11055, or specified in subdivision (h) of Section 11056, or (2) any
controlled substance classified in Schedule III, IV, or V which is a
narcotic drug, or who unlawfully sells, furnishes, administers,
gives, or offers to sell, furnish, administer, or give, any such
controlled substance to a minor shall be punished by imprisonment in
the state prison.
(b) This section is not intended to affect the jurisdiction of the
juvenile court.
SEC. 8. Section 11355 of the Health and Safety Code is amended to
read:
11355. Every person who agrees, consents, or in any manner offers
to unlawfully sell, furnish, transport, administer, or give (1) any
controlled substance specified in subdivision (b), (c), or (e), or
paragraph (1) of subdivision (f) of Section 11054, specified in
paragraph (13), (14), (15), or (20) of subdivision (d) of Section
11054, or specified in subdivision (b) or (c) of Section 11055, or
specified in subdivision (h) of Section 11056, or (2) any controlled
substance classified in Schedule III, IV, or V which is a narcotic
drug to any person, or who offers, arranges, or negotiates to have
any such controlled substance unlawfully sold, delivered,
transported, furnished, administered, or given to any person and who
then sells, delivers, furnishes, transports, administers, or gives,
or offers, arranges, or negotiates to have sold, delivered,
transported, furnished, administered, or given to any person any
other liquid, substance, or material in lieu of any such controlled
substance shall be punished by imprisonment in the county jail for
not more than one year, or in the state prison.
SEC. 9. 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.
SEC. 10. 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:
Dronabinol is used to alleviate nausea and loss of appetite
experienced by persons with certain illnesses such as cancer or
glaucoma. Reclassifying it from a Schedule II to a Schedule III
substance makes dronabinol easier to prescribe and, thus, more
readily available to persons who require immediate relief from these
symptoms in order to sustain their nutritional intake and retain
sufficient health and strength to respond to treatment of their
illness.