BILL ANALYSIS
AB 748
Page 1
ASSEMBLY THIRD READING
AB 748 (Gilmore)
As Introduced February 26, 2009
Majority vote
PUBLIC SAFETY 5-1 APPROPRIATIONS 12-0
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|Ayes:|Solorio, Hagman, Gilmore, |Ayes:|De Leon, Nielsen, |
| |Hill, Ma | |Krekorian, Duvall, |
| | | |Fuentes, Monning, Harkey, |
| | | |Miller, Price, Solorio, |
| | | |Audra Strickland, |
| | | |Torlakson |
|-----+--------------------------+-----+--------------------------|
|Nays:|Skinner | | |
| | | | |
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SUMMARY : Makes 3,4-methylenedioxymethamphetamine (MDMA, XTC,
Ecstasy) a Schedule II controlled substance. Specifically, this
bill :
1)Provides that the unlawful possession of
3,4-methylenedioxymethamphetamine (MDMA, XTC, Ecstasy) shall
be punishable by imprisonment in a county jail not to exceed
one year or by 16 months, 2 or 3 years in the state prison.
2)Provides that the possession for sale of
3,4-methylenedioxymethamphetamine (MDMA, XTC, Ecstasy) shall
be punishable by imprisonment in the state prison for 16
months, 2 or 3 years.
3)Makes the sale of 3,4-methylenedioxymethamphetamine (MDMA,
XTC, Ecstasy) punishable by imprisonment in the state prison
for two, three, or four years.
EXISTING LAW :
1)Classifies controlled substances in five schedules according
to their danger and potential for abuse. Schedule I
substances are the most restricted and have the highest
penalties, and Schedule V are the least restricted.
2)Provides that the penalty for the possession, possession for
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sale, and sale of an analog of a controlled substance shall be
the same as the penalty for the classified controlled
substance.
3)Classifies hallucinogenic substances, including
3,4-methylendedioxymethamphetamine, as a Schedule I controlled
substance.
4)Provides that the possession of methamphetamine shall be
punishable by imprisonment in a county jail for up to one year
or by 16 months, 2 or 3 years in the state prison.
5)Provides that the possession for sale of methamphetamine shall
be punishable by imprisonment in the state prison for 16
months, 2 or 3 years.
6)Makes the sale of methamphetamine punishable by imprisonment
in the state prison for two, three, or four years.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible state and non-reimbursable local
incarceration costs as MDMA-related offenses are already
punishable in like fashion under the Health and Safety analog
statutes, which make the penalties for possession and sale of
analogs (drugs whose physical structure is related t that of
another drug) of a substance the same as the substance
themselves. Ecstasy is an analog of methamphetamine.
COMMENTS : According to the author, "AB 748 will classify MDMA,
more popularly known as Ecstasy, as a Schedule II drug in the
Health and Safety Code. Under current law, controlled
substances are classified into five scheduled phases, with the
greatest penalties and restrictions placed on Schedules I and
II. The federal government classifies MDMA as Schedule I
controlled substance, but California does not schedule it at
all.
"MDMA has gained significant popularity as a social drug, but
these substances are some of the most dangerous and destructive,
leading to incidents of date rape and other violent crimes.
When it comes to prosecuting those who want to bring these drugs
into our community, there must be no wiggle room in the law.
"Adopting AB 748 will ensure that prosecutors are not spending
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time and resources arguing in court the demerits of MDMA,
instead of the merits of the case."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0000524