BILL ANALYSIS
AB 1811
Page 1
ASSEMBLY THIRD READING
AB 1811 (Ammiano)
As Amended March 9, 2010
Majority vote
PUBLIC SAFETY 4-3
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|Ayes:|Ammiano, Beall, Hill, | | |
| |Skinner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Hagman, Gilmore, | | |
| |Portantino | | |
| | | | |
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SUMMARY : Clarifies that "drug paraphernalia" are defined as
objects designed or marketed for use in ingesting or injecting
unlawful controlled substances. Specifically, this bill :
1)Revises the definition of "drug paraphernalia" to include
those same objects when designed or marketed for use in the
unlawful conducts of those acts, including the unlawful
ingesting, inhaling, or other introduction of those controlled
substances into the human body.
2)Defines the phrase "marketed for use" as advertising,
distributing, offering for sale, displaying for sale, or
selling in a manner which promotes the use of equipment,
products, or materials with controlled substances for unlawful
purposes.
3)Deletes the lists of specified items included in the
definition of "drug paraphernalia."
EXISTING LAW :
1)Defines "drug paraphernalia" to include all equipment,
products and materials of any kind which are designed for use
or marketed for use, in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into
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the human body a controlled substance in violation of this
division. Drug paraphernalia includes, but is not limited to:
a) Kits designed for use or marketed for use in planting,
propagating, cultivating, growing, or harvesting of any
species of plant which is a controlled substance or from
which a controlled substance can be derived;
b) Kits designed for use or marketed for use in
manufacturing, compounding, converting, producing,
processing, or preparing controlled substances;
c) Isomerization devices designed for use or marketed for
use in increasing the potency of any species of plant which
is a controlled substance;
d) Testing equipment designed for use or marketed for use
in identifying, or in analyzing the strength,
effectiveness, or purity of controlled substances;
e) Scales and balances designed for use or marketed for use
in weighing or measuring controlled substances;
f) Containers and other objects designed for use or
marketed for use in storing or concealing controlled
substances;
g) Hypodermic syringes, needles, and other objects designed
for use or marketed for use in parenterally injecting
controlled substances into the human body; and,
h) Objects designed for use or marketed for use in
ingesting, inhaling, or otherwise introducing marijuana,
cocaine, hashish, or hashish oil into the human body.
2)Contains an exemption for any pharmacist, physician, dentist,
podiatrist, veterinarian or manufacturer, wholesaler, or
retailer licensed by the California Board of Pharmacy who
legally furnishes, prescribes, sells, or transfers hypodermic
syringes, needles, and other objects designed for use or
marketed for use in parenterally injecting controlled
substances into the human body.
3)Makes it illegal for any person to loiter in any public place
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in a manner and under circumstances manifesting the purpose
and with the intent to commit a drug-related offense.
4)Among circumstances that may be considered in determining
whether a person has the requisite intent to engage in
drug-related activity are that the person under the influence
of a controlled substance or possesses narcotic or drug
paraphernalia. "Narcotic or drug paraphernalia" is defined
any device, contrivance, instrument, or apparatus designed or
marketed for the use of smoking, injecting, ingesting, or
consuming marijuana, hashish, PCP, or any controlled
substance, including, but not limited to, roach clips,
cigarette papers, and rollers designed or marketed for use in
smoking a controlled substance.
FISCAL EFFECT : None
COMMENTS : According to the author, "Although medicinal
marijuana users are allowed under California law to grow,
purchase, possess, smoke, and ingest marijuana, their ability to
obtain appropriate paraphernalia to assist in growing or using
marijuana is prohibited by statute.
"This bill would allow medicinal marijuana patients to possess
and use bongs, glass pipes, carburetors, roach clips, grow kits
and other paraphernalia if they are used for a lawful purpose.
It would also clarify existing law to ensure that vendors
providing paraphernalia intended for use with medicinal
marijuana or other legal substances are allowed to sell these
products.
"State prisons and county jails are overcrowded and courthouses
are overburdened. The law this bill would change only serves to
capture nonviolent drug users - some of whom are using a drug
that is considered legal under state laws. There is no
compelling state interest in criminalizing the ownership of
objects which are safe.
"AB 1811 simply clarifies existing law to ensure that those who
are using bongs, carburetors, roach clips or other paraphernalia
to take medicinal marijuana are free from unnecessary
prosecution."
Please see the policy committee for a full discussion of this
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bill.
Analysis Prepared by : Meghan Masera / PUB. S. / (916)
319-3744 FN: 0003795