Amended in Senate May 6, 2014

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, begin insert and to amend Section 1210 of the Penal Code, end insert relating to controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

SB 1283, as amended, Galgiani. Controlled substances.

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Existing

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begin insert (1) end insert begin insert   end insert begin insert Existing end insert 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 begin insert synthetic stimulant compounds or end insert synthetic stimulant derivatives, or any synthetic cannabinoid compound or any synthetic cannabinoid begin delete derivative a misdemeanor. end delete begin insert derivative a crime. The bill would provide that a first offense is punishable as an infraction, a 2nd offense is punishable as an infraction or a misdemeanor, and a 3rd or subsequent offense is punishable as a misdemeanor. end insert By creating new crimes, this bill would impose a state-mandated local program upon local governments.

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The bill would request the Luskin School of Public Affairs at the University of California, Los Angeles, or would require Judicial Council to contract with another entity in the event the University does not comply with the request, to design an evidence-based education program and treatment model for participation in by individuals convicted of the above described crimes, as provided. The bill would require Judicial Council to approve the program and treatment model upon a finding that courts can successfully implement the program and education model.

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The bill would authorize a defendant, in his or her discretion, to elect to participate in the evidence-based education program and treatment model, if convicted of the above described crimes, in which case the execution of sentence is stayed and either, in the court’s discretion, an amount less than the total amount of any fine imposed will be deposited into an escrow account or the person will be ordered to perform community service. The bill would specify that upon successful completion of the program, the case against the defendant is dismissed and any moneys deposited into the escrow account are returned to the defendant.

end insert begin insert

(2) Existing law, the Substance Abuse and Crime Prevention Act of 2000, enacted by Proposition 36 at the November 7, 2000, general election, requires any person convicted of a nonviolent drug possession offense to receive probation. As a condition of probation, a defendant is required to participate in, and complete, an appropriate drug treatment program. Amendment of the act by the Legislature requires a 2/3 vote of both houses of the Legislature. The act requires all amendments to it to further the act and be consistent with its purposes.

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Existing law defines “nonviolent drug possession offense” for purposes of the act to mean the unlawful personal use, possession for personal use, or transportation for personal use of a specified controlled substance, or being under the influence of a controlled substance, as specified.

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This bill would additionally define a “nonviolent drug possession offense” to include the use or possession of a synthetic stimulant compound, synthetic stimulant derivative, synthetic cannabinoid compound, or synthetic cannabinoid derivative.

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The bill would declare that its provisions further the purposes of the act.

end insert begin insert

The bill would specify that a defendant convicted of any offense described in (1) above who was granted probation and required to participate in a drug treatment program, and who does not successfully complete that drug treatment program, is presumed to be eligible for participation in any available drug court program.

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The

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begin insert (3) end insert begin insert   end insert begin insert The end insert 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:  begin delete majority end delete begin insert ²⁄₃ end insert . 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 delete uses, possesses, end delete 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.

begin insert

(b) (1) Every person who uses or possess any synthetic
cannabinoid compound, or any synthetic cannabinoid derivative,
is guilty of a public offense punishable as follows:

end insert begin insert

(A) A first offense is an infraction punishable by a fine not
exceeding two hundred fifty dollars ($250).

end insert begin insert

(B) A second offense is an infraction punishable by a fine not
exceeding two hundred fifty dollars ($250) or a misdemeanor
punishable by imprisonment in a county jail not exceeding six
months, a fine not exceeding five hundred dollars ($500), or by
both that fine and imprisonment.

end insert begin insert

(C) A third or subsequent offense is 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.

end insert begin insert

(2) A defendant convicted of a violation of paragraph (1), may,
in his or her discretion, elect to participate in the education
program designed and implemented pursuant to paragraph (3). If
that election is made, execution of the sentence imposed pursuant
to paragraph (1) shall be stayed and either an amount less than
the total amount of any fine imposed shall be deposited in an
escrow account or the person shall perform community service.
In determining whether to require a deposit or the performance
of community service, the court shall consider the nature of the
sentence to be stayed, the defendant’s ability to pay a deposit, and
the defendant’s preference. Upon successful completion of the
education program, the case against the defendant shall be
dismissed and any moneys deposited into an escrow account shall
be returned to the defendant.

end insert begin insert

(3) (A) The Luskin School of Public Affairs at the University
of California, Los Angeles is requested to design, or designate
another entity to design, an evidence-based education program
and treatment model for individuals convicted of a violation of
paragraph (1) of subdivision (b) or a violation of paragraph (1)
of subdivision (b) of Section 11375.5. If the university does not
comply with that request, the Judicial Council shall contract with
another entity to design that education program and treatment
model.

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(B) Prior to implementing the education program and treatment
model designed pursuant to subparagraph (A), the Judicial Council
shall approve that education program and treatment model, upon
finding that courts can successfully implement it. During the
approval process, the Judicial Council may consult with the
Substance Use Disorder Services Divisions of the State Department
of Health Care Services.

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(C) Upon approval of the education program and treatment
model pursuant to subparagraph (B), the Judicial Council shall
assist courts in obtaining educational materials required to
implement, and in implementing, that education program and
treatment model. During the implementation process, the Judicial
Council may consult with the Substance Use Disorder Services
Divisions of the State Department of Health Care Services.

end insert begin insert

(4) Notwithstanding any other law, a defendant convicted of a
violation of paragraph (1) who was granted probation and required
to participate in a drug treatment program pursuant to Section
1210.1 of the Penal Code, and who does not successfully complete
that drug treatment program shall be presumed eligible for
participation in any available drug court program.

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(b)

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begin insert (c) end insert  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 delete uses, possesses, end delete sells,
dispenses, distributes, furnishes, administers, or gives, or offers
to sell, dispense, distribute, furnish, administer, or give, any
synthetic stimulant compound specified in subdivision begin delete (b), end delete begin insert (c), end insert 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.

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(b) (1) Every person who uses or possess any synthetic stimulant
compound specified in subdivision (c), or any synthetic stimulant
derivative, is guilty of a public offense punishable as follows:

end insert begin insert

(A) A first offense is an infraction punishable by a fine not
exceeding two hundred fifty dollars ($250).

end insert begin insert

(B) A second offense is an infraction punishable by a fine not
exceeding two hundred fifty dollars ($250) or a misdemeanor
punishable by imprisonment in a county jail not exceeding six
months, a fine not exceeding five dollars ($500), or by both that
fine and imprisonment.

end insert begin insert

(C) A third or subsequent offense is 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.

end insert begin insert

(2) A defendant convicted of a violation of paragraph (1) may,
in his or her discretion, elect to participate in the education
program designed and implemented pursuant to paragraph (3) of
subdivision (b) of Section 11357.5. If that election is made,
execution of the sentence imposed pursuant to paragraph (1) shall
be stayed and either an amount less than the total amount of any
fine imposed shall be deposited in an escrow account or the person
shall perform community service. In determining whether to require
a deposit or the performance of community service, the court shall
consider the nature of the sentence to be stayed, the defendant’s
ability to pay a deposit, and the defendant’s preference. Upon
successful completion of the education program, the case against
the defendant shall be dismissed and any moneys deposited into
an escrow account shall be returned to the defendant.

end insert begin insert

(3) Notwithstanding any other law, a defendant convicted of a
violation of paragraph (1) who was granted probation and required
to participate in a drug treatment program pursuant to Section
1210.1 of the Penal Code, and who does not successfully complete
that drug treatment program shall be presumed eligible for
participation in any available drug court program.

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(b)

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begin insert (c) end insert  Unless specifically excepted, or contained within a
pharmaceutical product approved by the United States Food and
Drug Administration, or unless listed in another schedule,
begin delete subdivision (a) applies end delete begin insert subdivisions (a) and (b) apply end insert 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.

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(c)

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begin insert (d) end insert  This section shall not prohibit prosecution under any other
provision of law.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 1210 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

1210.  

As used in Sections 1210.1 and 3063.1 of this code, and
Division 10.8 (commencing with Section 11999.4) of the Health
and Safety Code, the following definitions apply:

(a) The term “nonviolent drug possession offense” means the
unlawful personal use, possession for personal use, or
transportation for personal use of any controlled substance
identified in Section 11054, 11055, 11056, 11057 or 11058 of the
Health and Safety Code, begin delete or end delete the offense of being under the influence
of a controlled substance in violation of Section 11550 of the
Health and Safety begin delete Code. end delete begin insert Code, the misdemeanor offense of using
or possessing a synthetic cannabinoid compound in violation of
paragraph (1) of subdivision (b) of Section 11357.5 of the Health
and Safety Code, or the misdemeanor offense of using or possessing
a synthetic stimulant compound in violation of paragraph (1) of
subdivision (b) of Section 11375.5 of the Health and Safety Code. end insert
The term “nonviolent drug possession offense” does not include
the possession for sale, production, or manufacturing of any
controlled substance and does not include violations of Section
4573.6 or 4573.8.

(b) The term “drug treatment program” or “drug treatment”
means a state licensed or certified community drug treatment
program, which may include one or more of the following: drug
education, outpatient services, narcotic replacement therapy,
residential treatment, detoxification services, and aftercare services.
The term “drug treatment program” or “drug treatment” includes
a drug treatment program operated under the direction of the
Veterans Health Administration of the Department of Veterans
Affairs or a program specified in Section 8001. That type of
program shall be eligible to provide drug treatment services without
regard to the licensing or certification provisions required by this
subdivision. The term “drug treatment program” or “drug
treatment” does not include drug treatment programs offered in a
prison or jail facility.

(c) The term “successful completion of treatment” means that
a defendant who has had drug treatment imposed as a condition
of probation has completed the prescribed course of drug treatment
as recommended by the treatment provider and ordered by the
court and, as a result, there is reasonable cause to believe that the
defendant will not abuse controlled substances in the future.
Completion of treatment shall not require cessation of narcotic
replacement therapy.

(d) The term “misdemeanor not related to the use of drugs”
means a misdemeanor that does not involve (1) the simple
possession or use of drugs or drug paraphernalia, being present
where drugs are used, or failure to register as a drug offender, or
(2) any activity similar to those listed in (1).

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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.

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begin insert SEC. 5. end insert   

end insert

begin insert The Legislature finds and declares that this act furthers
the purpose of the Substance Abuse and Crime Prevention Act of
2000 enacted by Proposition 36 at the November 7, 2000, general
election. end insert

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CORRECTIONS:

Text--Pages 3 and 5.

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