BILL ANALYSIS �
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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
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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.)
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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.
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"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
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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
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