BILL ANALYSIS Ó
AB 2603
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2603 ( V. Manuel Pérez)
As Amended August 7, 2014
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |79-0 |(May 28, 2014) |SENATE: |35-0 |(August 14, |
| | | | | |2014) |
-----------------------------------------------------------------
Original Committee Reference: PUB. S.
SUMMARY : Clarifies that a prescription holder's representative may
pick up and transport prescription medications for the prescription
holder.
The Senate amendments specify that the intent of the possessor must be
for the purpose of delivering the prescription to the prescription
holder for its prescribed use, or to discard the substance in a lawful
manner.
EXISTING LAW :
1)Classifies controlled substances in five schedules according to
their danger and potential for abuse. Schedule I controlled
substances have the greatest restrictions and penalties, including
prohibiting the prescribing of a Schedule I controlled substance.
2)Makes it a crime to possess specified controlled substances without
a valid prescription from a licensed physician, dentist, podiatrist,
or veterinarian.
3)Makes it a crime to transport for sale specified controlled
substances unless upon the written prescription of a licensed
physician, dentist, podiatrist, or veterinarian.
4)Defines "prescription" for purposes of the Controlled Substances Act
(CSA), as "an oral order or electronic transmission prescription for
a controlled substance given individually for the person(s) for whom
prescribed, directly from the prescriber to the furnisher or
indirectly by means of a written order of the prescriber."
5)Defines "ultimate user" for purposes of the CSA, as "a person who
lawfully possesses a controlled substance for his own use or for the
use of a member of his household or for administering to an animal
AB 2603
Page 2
owned by him or by a member of his household."
6)Defines "agent" for purposes of the CSA, as "an authorized person
who acts on behalf of or at the direction of a manufacturer,
distributor, or dispenser. It does not include a common or contract
carrier, public warehouseman, or employee of the carrier or
warehouseman."
7)Provides that a dangerous drug sold or delivered to a person within
California shall be transferred, sold or delivered only to:
a) An entity licensed by the Pharmacy Board;
b) A manufacturer;
c) An ultimate user; or
d) The ultimate user's agent.
8)States that no person shall possess any controlled substance, except
that furnished to a person upon the prescription of a physician,
dentist, podiatrist, veterinarian, or other specified persons in the
medical field.
9)States that no prescription for a controlled substance shall be
furnished to any person unknown and unable to properly establish his
or her identity.
10)Allows the Pharmacy Board to establish procedures to prevent
unauthorized persons from receiving prescription drugs furnished to
a patient or a representative of the patient.
AS PASSED BY THE ASSEMBLY , this bill:
1)Provided that it is not unlawful for a person to possess a medically
prescribed controlled substance with the express permission of the
prescription holder, and when the possessor of the controlled
substance intends to deliver the prescription to the prescription
holder within a reasonable period of time.
2)Stated that nothing in this provision of law shall be construed to
permit the use of a prescribed controlled substance by someone other
than the prescription holder.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
AB 2603
Page 3
Legislative Counsel.
COMMENTS : According to the author, "AB 2603 was introduced as a
result of a recent court ruling filed January 3, 2014, People v.
Carboni, in which the presiding judge ruled that only prescription
holders can possess and transport their prescription drugs. For many
ill people who are immobile, or lack transportation, this ruling could
be problematic because there is no defense or protections for the
person who is trying to help them get their medication from the
pharmacy. This is a serious concern for the many seniors who live in
my rural and medically underserved district, where it is not uncommon
for a person to rely on a family member, friend, or caretaker to
pick-up his/her prescription drugs.
"The [People v.] Carboni ruling would in effect criminalize the act of
possession and/or transport of prescription drugs, even for the
purpose of simply trying to get those medications to the person who
needs them. People who are trying to do a good deed for an infirm
family member or friend should not be punished for trying to help. By
adding clarity to Health and Safety Code Sections 11350 and 11377, AB
2603 helps ensure that ill people who must rely on someone to get them
their meds can do so without fear.
"Moreover, this bill will address an existing conflict between the
Business & Professions Code ([Section] 4059.5), which allows a
pharmacist to dispense prescription drugs to the patient's agent or
representative, and the Health and Safety Code, which provides no
protections, or defense, for the patient's agent when in possession of
such medication. This bill will not protect someone who is found to
have the intention to sell the drugs, or who is abusing drugs that
were not prescribed to them, regardless if they ultimately delivered
the drugs to the prescription holder."
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744 FN:
0004552