BILL ANALYSIS �
AB 2420
Page 1
Date of Hearing: April 24, 2012
Counsel: Milena Blake
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2420 (Hueso) - As Amended: April 19, 2012
FOR VOTE ONLY
SUMMARY : Prohibits the possession of specified synthetic
cannabinoid or stimulant compounds. Specifically, this bill :
1)Specifies that possession for personal use of up to 28.5 grams
of any synthetic cannabinoid compound is an infraction
punishable by a fine of not more than $100.
2)Specifies that possession for personal use of more than 28.5
grams of any synthetic cannabinoid compound is a misdemeanor
punishable by imprisonment in a county jail for a period of up
to six months, a fine up to $1,000, or both imprisonment and a
fine.
3)Specifies that possession for personal use of up to 28.5 grams
of any synthetic stimulant compounds or derivative is a
misdemeanor punishable by imprisonment in the county jail for
up to one month, a fine up to $500, or both imprisonment and a
fine.
4)Specifies that possession for personal use of more than 28.5
grams of any synthetic stimulant compounds or derivative is a
misdemeanor punishable by imprisonment in the county jail for
up to six months, a fine up to $1,000, or both imprisonment
and a fine.
5)Adds specified chemical compounds to the definition of
"synthetic cannabinoid compound."
6)States that a pupil may be suspended or expelled by his or her
school if he or she is found to have possessed, used, sold, or
otherwise furnished, or found to be under the influence of any
synthetic cannabinoid or stimulant compound.
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7)Specifies that the prohibitions against possessing any
synthetic cannabinoid or stimulant does not apply to materials
obtained and used for bona fide research, instruction, or
analysis if not in violation of federal law.
EXISTING LAW :
1)States that any person who sells, dispenses, distributes,
furnishes, administers, gives, or offers to sell, dispense,
distribute, furnish, administer, give a synthetic cannabinoid
compound or synthetic cannabinoid compound derivative, is
guilty of a misdemeanor punishable by imprisonment in a county
jail for up to six months, a fine not to exceed $1000, or both
imprisonment and a fine. �Health and Safety Code Section
11357.5(a).]
2)States that any person who sells, dispenses, distributes,
furnishes, administers, gives, or offers to sell, dispense,
distribute, furnish, administer, give a synthetic stimulant
compound, is guilty of a misdemeanor punishable by
imprisonment in a county jail for up to six months, a fine not
to exceed $1000, or both imprisonment and a fine. �Health and
Safety Code Section 11357.5(a).]
3)States that, except as authorized by law, possession of not
more than 28.5 grams of marijuana is an infraction, and is
punishable by a fine not to exceed $100. �Health and Safety
Code Section 11357(b).]
4)States that, except as authorized by law, possession of more
than 28.5 grams of marijuana shall be punished by imprisonment
in a county jail for not more than six months, by a fine not
to exceed $500, or by both imprisonment and a fine. �Health
and Safety Code Section 11357(c).]
5)States that, except as authorized by law, possession by a
person 18 years of age or older, of not more than 28.5 grams
of marijuana within or on the grounds of any K-12 school
during the hours the school is open for classes or school
related activities is a misdemeanor punishable by a fine not
to exceed $500, by imprisonment in a county jail for 10 days,
or both imprisonment and a fine. �Health and Safety Code
Section 11357(d).]
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6)States that, except as authorized by law, possession by a
person under the age of 18, of not more than 28.5 grams of
marijuana within or on the grounds of any K-12 school during
the hours the school is open for classes or school related
programs is a misdemeanor and shall be subject to a
disposition of a fine not to exceed $250 for the first
offense. Upon a second offense, the disposition shall be a
fine not to exceed $500, or commitment to a juvenile hall,
ranch, camp, forestry camp, or secure juvenile home for not
more than 10 days, or both commitment and a fine. �Health and
Safety Code Section 11357(e).]
7)States that possession for sale, except as authorized by law,
of any synthetic cannabinoid compound shall be punished by
imprisonment in state prison. (Health and Safety Code Section
11359.)
8)States that, except as authorized by law, a person who
transports, imports into California, sells, furnishes,
administers, or gives away marijuana, or offers or attempts to
do so, shall be punished by imprisonment in state prison for a
period of two, three or four years. �Health and Safety Code
Section 11360(a).]
9)States that, except as authorized by law, any person who gives
away, offers to give away, transport, or offers or attempts to
transport, not more than 28.5 grams of marijuana, is guilty of
a misdemeanor and shall be punished by a fine not to exceed
$100. �Health and Safety Code Section 11360(b).]
10) Prohibits the sale, dispensing,
distribution, furnishing, administering, giving, or offering
to sell, dispense, distribute, furnish, administer or give
Salvia divinorum to any person who is less than 18 years old.
Violation of this section is a misdemeanor, punishable by
imprisonment in the county jail for not more than six months,
by a fine not to exceed $1,000, or both imprisonment and fine.
(Penal Code Section 379.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "According to the
American Medical Association, the popularity of synthetic
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drugs has grown recently, particularly among teens, who may
not be aware of the drugs' potential danger. Their
innocuous-sounding names, such as "Ivory Wave," "Vanilla Sky,"
and "Pineapple Express" contribute to the misperception of
these drugs. They are poisonous substances that can and have
resulted in death. AB 2420 protects our communities and takes
synthetics drugs off the streets by providing penalties for
the personal possession of these dangerous substances."
2)Failure of the "War on Drugs" : In June 2011, the Global
Commission on Drug Policy released a report, "War on Drugs",
examining global drug policy over the past half-century. The
purpose of the Commission is to "bring to the international
level an informed, science-based discussion about humane and
effective ways to reduce the harm caused by drugs to people
and societies" and is comprised of current and former heads of
state, public officials, and experts. (Global Commission on
Drug Policy. For a full list of Commission members, please
visit .)
The report states, "The global war on drugs has failed, with
devastating consequences for individuals and societies around
the world. Fifty years after the initiation of the UN Single
Convention on Narcotic Drugs, and 40 years after President
Nixon launched the US government's war on drugs, fundamental
reforms in national and global drug control policies are
urgently needed.
"Vast expenditures on criminalization and repressive measures
directed at producers, traffickers and consumers of illegal
drugs have clearly failed to effectively curtail supply or
consumption. Apparent victories in eliminating one source or
trafficking organization are negated almost instantly by the
emergence of other sources and traffickers. Repressive
efforts directed at consumers impede public health measures to
reduce HIV/AIDS, overdose fatalities and other harmful
consequences of drug use. Government expenditures on futile
supply reduction strategies and incarceration displace more
cost-effective and evidence-based investments in demand and
harm reduction." �Global Commission on Drug Policy, War on
Drugs (June 2011).]
Among the recommendations found in the report, the Commission
recommended implementing drug policies and strategies that are
fiscally responsible and are grounded in science, health,
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security and human rights, rather than those driven by
ideology and political convenience. (Id. at pg. 3.)
Specifically, the Commission recommends reassessing the manner
in which drugs are scheduled, mentioning cannabis as one drug
that is anomalously scheduled high in proportion to its risk,
as determined by an independent expert assessment of risk.
(Id. at 11-12.) The Commission does not specifically mention
synthetic cannabinoid compounds, but because of the chemical
similarity to cannabis (marijuana), it is likely the
commission would view regulation of such compounds in a
similar manner.
In preparation of the final report, the Commission requested a
number background papers. One of these background papers
examined the effects of current drug policy on the criminal
justice system and incarceration. This paper stated, "The
last three decades have witnessed a global increase in the
criminalization of improper drug use. Criminalization has
resulted in increased use of harsh punitive sanctions imposed
on drug offenders and dramatic increases in rates of
incarceration. These policies have had limited impact on
eliminating or reducing illegal drug use and may have resulted
in adverse consequences for social and community health. The
criminal justice system has proved to be an ineffective forum
for managing or controlling many aspects of the drug trade or
the problem of illegal drug usage."
"Drug Policy and the incarnation of low-level drug offenders is
the primary cause of mass incarceration in the United States.
40% of drug arrests are for simple possession of marijuana.
There is also evidence that drug enforcement has diverted
resources from law enforcement of violent crimes and other
threats to public safety. Incarceration of low-level drug
offenders has criminogenic effects that increase the
likelihood of recidivism and additional criminal behavior . .
. . Growing evidence indicates that drug treatment and
counseling programs are far more effective in reducing drug
addiction and abuse than is incarceration." �Bryan Stevenson,
Global Commission on Drug Policy, Drug Policy, Criminal
Justice, and Mass Imprisonment (January 2011) pg. 2.]
3)Argument in Support : According to the County of San Diego ,
"The San Diego County Board of Supervisors has joined the
fight against synthetic drugs by proposing an ordinance
declaring psychoactive synthetic stimulants and synthetic
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cannabinoids to be a public nuisance and subject to civil
abatement in the unincorporated area.
"AB 2420 closes a loophole in the existing state law giving
additional protection to communities by clarifying that
possession of these toxic chemicals is illegal and by ensuring
that law enforcement has the ability to prosecute those who
possess these dangerous drugs."
4)Argument in Opposition : According to the Drug Policy Alliance ,
"Persons with drug law violations face immediate, devastating
and life-long legal barriers to education, employment and
government benefits. The students and young adults likely to
be arrested and convicted of the new crimes under AB 2420 will
be punished well beyond the fines and jail time contemplated
in the bill-including the potential loss of financial aid for
college or university. College financial aid applications
include questions about prior drug convictions, for example,
'have you been convicted for the possession or sale of illegal
drugs for an offense that occurred while you were receiving
federal student aid (grants, loans and/or college
work-study)?' If AB 2420 passes, these synthetic substances
will be illegal and a student would have to answer 'yes' to
the question about drug convictions. If the student does not
complete an acceptable rehabilitation program, he or she would
be ineligible to receive financial aid for a specified period
of time?
"Prohibiting substances does not decrease their availability,
reduce demand or prevent health harms that stem from drug use.
Despite criminalizing mephedrone (also known as 'bath salts')
in 2010, the United Kingdom has not seen a reduction in its
demand. An article published in the Lancet Journal showed that
following the criminalization of mephedrone, most users stated
that they would continue to use the same amount of mephedrone,
and that prices on average had doubled, resulting in greater
profits for illicit sellers. Criminalization, therefore, did
not decrease use or availability of mephedrone and instead
increased the price, and the risks associated with the drug,
as individuals who may seek help will be at risk of criminal
prosecution?
"It is counterproductive for California law to be changed
annually to criminalize new substances, especially when there
is no State agency or process to evaluate the actual effects
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of the substances listed in the legislation. Researchers note
that 'there are hundreds of further compounds with cannabinoid
receptor activity, and it can be assumed that further
substances will appear on the market soon, which will be an
ongoing challenge for toxicologists as well as for law
enforcement.' Instead of criminalizing these substances,
they should be researched and regulated with effective
prevention and treatment opportunities in order to foster
greater control and understanding of these substances as well
as to help those who use them."
5)Related Legislation :
a) AB 486 (Hueso), Chapter 656, Statutes of 2011,
prohibited the sale, dispensing, distribution, furnishment,
administration or giving, or attempt to do so, of any
synthetic stimulant compound of any specified synthetic
stimulant derivative. Violation of this section is
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.
b) SB 420 (Hernandez) Chapter 420, Statutes of 2011,
prohibited the sale, dispensing, distribution, furnishment,
administration or giving, or attempt to do so, of any
synthetic cannabinoid compound or any synthetic cannabinoid
derivative. Violation of this section is 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.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
California District Attorneys Association
California Narcotic Officers' Association
California Police Chiefs Association
City of Chula Vista Police Department
City of Poway
County of San Diego
Peace Officers Research Association of California
San Diego County Sheriff's Department
San Diego Schools Police Officers Association
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Three private individuals
Opposition
American Civil Liberties Union
California Attorneys for Criminal Justice
Drug Policy Alliance
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744