Senate Bill No. 1283

Introduced by Senator Galgiani

February 21, 2014

An act to amend Sections 11357.5 and 11375.5 of the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

SB 1283, as introduced, Galgiani. Controlled substances.

Existing law makes it a misdemeanor to sell, dispense, distribute, furnish, administer, or give, to offer to sell, dispense, distribute, furnish, administer, or give, or to possess for sale, any synthetic stimulant compound or any specified synthetic stimulant derivative, including naphthylpyrovalerone and 2-amino-l-phenyl-l-propanone.

Existing law makes it a misdemeanor to sell, dispense, distribute, furnish, administer, or give, or offer to sell, dispense, distribute, furnish, administer, or give, or possess for sale any synthetic cannabinoid compound or any synthetic cannabinoid derivative.

This bill would also make the use or possession of those specified synthetic stimulant derivatives, or any synthetic cannabinoid compound or any synthetic cannabinoid derivative a misdemeanor. By creating new crimes, this bill would impose a state-mandated local program upon local governments.

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 begin insert uses, possesses, end insert 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).

SEC. 2.  

Section 11375.5 of the Health and Safety Code is
amended to read:

11375.5.  

(a) Every person who begin insert uses, possesses, end insert 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) 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.