BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   AB 486|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 486
          Author:   Hueso (D), et al.
          Amended:  8/24/11 in Senate
          Vote:     27 - Urgency

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 7/5/11
          AYES:  Hancock, Anderson, Calderon, Harman, Liu, Price, 
            Steinberg

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  77-0, 5/16/11 (Consent) - See last page 
            for vote


           SUBJECT  :    Controlled substances

           SOURCE  :     Author


           DIGEST  :    This bill provides that any person who sells, 
          gives, dispenses, or distributes naphthylpyrovalerone and 
          specified variations, and cathinone and specified 
          variations, or who offers to do such acts, is guilty of a 
          misdemeanor.

           Senate Floor Amendments  of 8/24 (1) add an urgency clause 
          so as to allow enforcement of the new law immediately upon 
          chaptering, (2) modify the provision in the bill concerning 
          possession of these substances for sale and (3) add 
          coauthors.

                                                           CONTINUED





                                                                AB 486
                                                                Page 
          2

           ANALYSIS  :    Existing law classifies controlled substances 
          in five schedules according to their danger and potential 
          for abuse.  Schedule I controlled substances generally are 
          the most restricted.  (Health & Safety Code Sections 
          11054-11058.)  
           
          Existing law provides penalties for possession of and 
          commerce in controlled substances.  (Health & Safety Code 
          Sections 11350-11401.)

          Existing law lists cathinone as a Schedule II controlled 
          substance as a stimulant.

          Existing law provides that simple possession of cathinone 
          is a misdemeanor, punishable by a jail term of up to six 
          month, a fine of up to $1,000, or both.  (Health & Safety 
          Code Section 11377, subd. (b)(3).)

          Existing law provides that possession for sale of khat or 
          cathinone is a felony punishable by 16 months, two years, 
          or three years in state prison.  (Health & Safety Code 
          Section 11378.)

          Existing law provides that transportation, sale, or 
          furnishing of khat or cathinone is a felony punishable by 
          two, three or four years in state prison and a fine of up 
          to $10,000.  (Health & Safety Code Section 11379.)

          Existing law provides criminal penalties for possession of 
          or commerce in specified drugs and chemicals that are not 
          included in the controlled substance schedules.  Examples 
          include:

            Salvia Divinorum  .  Sale of salvia divinorum to a minor is 
            a misdemeanor.  (Penal Code Section 379.)

            Nitrous oxide  .  Sale of nitrous oxide to a minor is a 
            misdemeanor.  Possession of nitrous oxide with the intent 
            to become intoxicated is a misdemeanor.  (Penal Code 
            Sections 381b-381c.)

            Toluene  .  Sale of toluene to a minor is a misdemeanor.  
            Possession of toluene with intent to become intoxicated 
            is a misdemeanor.  (Penal Code Section 380-381.)







                                                                AB 486
                                                                Page 
          3


          This bill provides that any person who sells, dispenses, 
          distributes, or gives the stimulant substances 
          naphthylpyrovalerone or cathinone, or specified variations 
          of these drugs, or who possesses that compound or 
          derivative for sale, or who offers to do such acts, is 
          guilty of a misdemeanor, punishable by a jail term of up to 
          six months, a fine of up to $1,000, or both.

          This bill also specifies that nothing in this bill 
          prohibits prosecution under any other provisions of law.

          This bill does not include naphthylprovalerone, as 
          specified, and cathinone, as specified, in the controlled 
          substance schedules.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

           SUPPORT  :   (Verified  8/24/11)

          Chula Vista Police Department
          City of Chula Vista
          Peace Officers Research Association of California (PORAC)

           ARGUMENTS IN SUPPORT  :    According to the author, 
          "Synthetic drugs mimic the effects of marijuana, cocaine 
          and other drugs.  These products are often marketed as 
          herbal incense, bath salts or plant food.  These substances 
          are dangerous and are legal in many cases.  In fact, they 
          are often sold in liquor stores as well as stores that sell 
          drug paraphernalia and on the Internet.

          "Senator Hern�ndez currently has a bill that addresses some 
          synthetic cannabinoids (SB 420, 2011).  AB 486 seeks to 
          address synthetic stimulants which are often referred to as 
          "bath salts," "Ivory Wave," "Red Dove," "Vanilla Sky," and 
          many other names.  The manmade nature of synthetic 
          stimulants makes these substances difficult to regulate.  
          Compounds that are banned today are often altered in an 
          attempt to meet legal requirements.  These synthetic 
          stimulants are currently being sold legally at convenience 
          stores and on the Internet.








                                                                AB 486
                                                                Page 
          4

          "Synthetic stimulants are often labeled as "not intended 
          for human consumption," but they are clearly intended as a 
          hallucinogenic drug.  The chemicals can cause 
          hallucinations, paranoia, rapid heart rates and suicidal 
          thoughts.  One of the most common chemicals used to make 
          synthetic stimulants is Methylenedioxypyrovalerone (MDPV).  
          This chemical has been banned in Louisiana, Florida, 
          Pennsylvania, and bills have been introduced in other 
          states to address MDPV.

          "The Drug Enforcement Agency (DEA) describes MDPV as a 
          central nervous system stimulant.  According to the DEA 
          "The acute side effects of MDPV include tachycardia, 
          hypertension, vasoconstriction, and sweating.  The duration 
          of the subjective effects is about 3 to 4 hours and the 
          side effects continuing a total of 6 to 8 hours after 
          administration.  Higher doses of MDPV have caused intense, 
          prolonged panic attacks in stimulant-intolerant users.  
          Users have reported bouts of psychosis induced by sleep 
          deprivation and becoming addicted after using higher doses 
          or using at more frequent dosing intervals.

          "Another compound that is often sold as a stimulant is 
          Naphthylpyrovalerone.  This is a synthetic stimulant that 
          is also known as naphyrone and sold under the name NRG-1.  
          The structure of this new designer drug is similar to that 
          of pyrovalerone.  This drug is associated with similar 
          effects as MDPV.  In addition to MDPV and 
          Naphthylpyrovalerone, many synthetic drugs also contain 
          analogs of Cathinone.

          "Synthetic stimulants are believed to be predominantly used 
          by youth.  The drugs are viewed as a "legal high."  
          Unfortunately, there appears to be a belief that because 
          this drug can be purchased legally that it must be safe.  
          This is clearly not the case.  Synthetic stimulants can 
          cause seizures, hallucinations, paranoia, panic attacks, 
          increased heart rate, as well as other negative health 
          impacts.  Synthetic drugs have also been attributed to at 
          least nine deaths in the U.S. since last year.  

          "Cathinone is currently listed as a Schedule II drug in 
          California.  However, "bath salts" and similar products are 
          currently being sold in this state.  This bill is needed to 







                                                                AB 486
                                                                Page 
          5

          ensure the safety of California residents.  Synthetic 
          stimulants are dangerous chemical compounds that should be 
          regulated.  AB 486 will ensure that the sale of these 
          products can be prosecuted in California."


           ASSEMBLY FLOOR  :  77-0, 5/16/11
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, 
            Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mendoza, 
            Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, 
            Olsen, Pan, Perea, V. Manuel P�rez, Portantino, Silva, 
            Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. P�rez
          NO VOTE RECORDED: Gorell, Mansoor, Norby


          RJG:do  8/25/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****