BILL NUMBER: AB 2420 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hueso
(Coauthor: Assembly Member Fletcher)
(Coauthor: Senator Vargas)
FEBRUARY 24, 2012
An act to amend Sections 11357.5 and 11375.5 of the Health and
Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 2420, as introduced, Hueso. Controlled substances: synthetic
cannabinoids and synthetic stimulants.
Existing law provides that every person who sells, dispenses,
distributes, furnishes, administers, or gives, or offers to sell,
dispense, distribute, furnish, administer, or give, or possesses for
sale any synthetic cannabinoid compound, or any synthetic cannabinoid
derivative, to any person, is guilty of a misdemeanor punishable by
imprisonment in a county jail not exceeding 6 months, or by a fine
not exceeding $1,000, or by both that fine and imprisonment. Existing
law defines a synthetic cannabinoid compound for purposes of this
provision.
Existing law also provides that every person who sells, dispenses,
distributes, furnishes, administers, or gives, or offers to sell,
dispense, distribute, furnish, administer, or give, any synthetic
stimulant compound, as specified, or any synthetic stimulant
derivative, to any person, or who possesses that compound or
derivative for sale, is guilty of a misdemeanor punishable by
imprisonment in a county jail not exceeding 6 months, or by a fine
not exceeding $1,000, or by both that fine and imprisonment.
This bill would provide that every person who possesses, under
circumstances that do not include possession for sale as proscribed
pursuant to existing law, 28.5 grams or less of any synthetic
cannabinoid is guilty of an infraction punishable by a fine of not
more than $100. The bill would provide that every person who
possesses, under circumstances that do not include possession for
sale as proscribed pursuant to existing law, 28.5 grams or less of
any synthetic stimulant compound, as specified, or any synthetic
stimulant derivative, shall be punished by imprisonment in a county
jail for a period of not more than one month, or by a fine not
exceeding $500, or by both that fine and imprisonment. In addition,
the bill would also provide that every person who possesses, under
circumstances that do not include possession for sale as proscribed
pursuant to existing law, more than 28.5 grams of any synthetic
cannabinoid, any synthetic stimulant compound, as specified, or any
synthetic stimulant derivative, shall be punished by imprisonment in
a county jail for a period of not more than 6 months, or by a fine
not exceeding $1,000, or by both that fine and imprisonment.
The bill would also expand the definition of synthetic
cannabinoids for purposes of the prohibitions described above to
include, among other compounds, naphthoylindoles,
naphthylmethylindoles, naphthoylpyrroles, naphthylmethylindenes,
phenylacetylindoles, cyclohexylphenols, benzoylindoles, and
adamantoylindoles.
Because the bill would create new crimes, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11357.5 of the Health and Safety Code is
amended to read:
11357.5. (a) Every person who sells, dispenses, distributes,
furnishes, administers, or gives, or offers to sell, dispense,
distribute, furnish, administer, or give, or possesses for sale any
synthetic cannabinoid compound, or any synthetic cannabinoid
derivative, to any person, is guilty of a misdemeanor punishable by
imprisonment in a county jail not exceeding six months, or by a fine
not exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.
(b) As used in this section, the term "synthetic cannabinoid
compound" refers to any of the following substances:
(1) 1-pentyl-3-(1-naphthoyl)indole (JWH-018).
(2) 1-butyl-3-(1-naphthoyl)indole (JWH-073).
(3) 1-2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200).
(4) 5-(1,1-dimethylheptyl)-2-(1R,3S)-3-hydroxycyclohexyl]-phenol
(CP-47,497).
(5) 5-(1,1-dimethyloctyl)-2-(1R,3S)-3-hydroxycyclohexyl]-phenol
(cannabicyclohexanol; CP-47, 497 C8 homologue).
(6) Naphthoylindoles: any compound containing a 3-
(1-naphthoyl)indole structure with substitution at the nitrogen atom
of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-
(4-morpholinyl)ethyl group, whether or not further substituted in the
indole ring to any extent and whether or not substituted in the
naphthyl ring to any extent.
(7) Naphthylmethylindoles: any compound containing a
1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group, whether or not further substituted
in the indole ring to any extent and whether or not substituted in
the naphthyl ring to any extent.
(8) Naphthoylpyrroles: any compound containing a 3-
(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom
of the pyrrole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-t-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group, whether or not further substituted
in the indene ring to any extent and whether or not substituted in
the naphthyl ring to any extent.
(9) Naphthylmethylindenes: any compound containing a
naphthylideneindene structure with substitution at the 3-position of
the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-
(4-morpholinyl)ethyl group, whether or not further substituted in the
indene ring to any extent and whether or not substituted in the
naphthyl ring to any extent.
(10) Phenylacetylindoles: any compound containing a
3-phenylacetylindole structure with substitution at the nitrogen atom
of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group, whether or not further substituted
in the indole ring to any extent and whether or not substituted in
the phenyl ring to any extent.
(11) Cyclohexylphenols: any compound containing a 2-
(3-hydroxycyclohexyl)phenol structure with substitution at the
5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group, whether or not substituted in the
cyclohexyl ring to any extent.
(12) Benzoylindoles: any compound containing a 3-(benzoyl)indole
structure with substitution at the nitrogen atom of the indole ring
by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted in the indole ring to any extent
and whether or not substituted in the phenyl ring to any extent.
(13) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo
1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone.
(14) 9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7,
10, 10a-tetrahydrobenzoc]chromen-1-ol.
(15) Adamantoylindoles: any compound containing a 3-
(1-adamantoyl)indole structure with substitution at the nitrogen atom
of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morphonyl)ethyl group, whether or not further substituted in
the indole ring to any extent and whether or not substituted in the
adamantyl ring system to any extent.
(c) Every person who possesses, under circumstances that do not
include possession for sale as described in subdivision (a), 28.5
grams or less of any synthetic cannabinoid is guilty of an infraction
punishable by a fine of not more than one hundred dollars ($100).
(d) Every person who possesses, under circumstances that do not
include possession for sale as described in subdivision (a), more
than 28.5 grams of any synthetic cannabinoid shall be punished by
imprisonment in a county jail for a period of not more than six
months, or by a fine not exceeding one thousand dollars ($1,000), or
by both that fine and imprisonment.
SEC. 2. Section 11375.5 of the Health and Safety Code is amended
to read:
11375.5. (a) Every person who sells, dispenses, distributes,
furnishes, administers, or gives, or offers to sell, dispense,
distribute, furnish, administer, or give, any synthetic stimulant
compound specified in subdivision (b), or any synthetic stimulant
derivative, to any person, or who possesses that compound or
derivative for sale, is guilty of a misdemeanor punishable by
imprisonment in a county jail not exceeding six months, or by a fine
not exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.
(b) Unless specifically excepted, or contained within a
pharmaceutical product approved by the United States Food and Drug
Administration, or unless listed in another schedule, subdivision (a)
applies to 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,
esters, or ethers, and salts of isomers, esters, or ethers whenever
the existence of such salts, isomers, esters, or ethers, and salts of
isomers, esters, or ethers is possible within any of the following
specific chemical designations:
(1) Naphthylpyrovalerone whether or not further substituted in the
naphthyl ring to any extent with alkyl, alkoxy, alkylenedioxy,
haloalkyl, or halide substituents, whether or not further substituted
in the naphthyl ring by one or more other univalent substituents, or
whether or not further substituted in the carbon chain at the 3-,
4-, or 5-position with an alkyl substituent.
(2) 2-amino-1-phenyl-1-propanone (cathinone) or variation in any
of the following ways:
(A) By substitution in the phenyl ring to any extent with alkyl,
alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or
not further substituted in the phenyl ring by one or more other
univalent substituents.
(B) By substitution at the 3-position with an alkyl substituent.
(C) By substitution at the nitrogen atom with alkyl, dialkyl, or
benzyl groups, or by inclusion of the nitrogen atom in a cyclic
structure.
(c) Every person who possesses, under circumstances that do not
include possession for sale as described in subdivision (a), 28.5
grams or less of any synthetic stimulant compound specified in
subdivision (b), or any synthetic stimulant derivative, shall be
punished by imprisonment in a county jail for a period of not more
than one month, or by a fine of five hundred dollars ($500), or by
both that fine and imprisonment.
(d) Every person who possesses, under circumstances that do not
include possession for sale as described in subdivision (a), more
than 28.5 grams of any synthetic stimulant compound specified in
subdivision (b), or any synthetic stimulant derivative, shall be
punished by imprisonment in a county jail for a period of not more
than six months, or by a fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
(c)
(e) This section shall not prohibit prosecution under
any other provision of law.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.