BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1283|
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UNFINISHED BUSINESS
Bill No: SB 1283
Author: Galgiani (D)
Amended: 8/4/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/22/14
AYES: Hancock, Anderson, De Le�n, Knight, Liu, Mitchell,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SENATE FLOOR : 37-0, 5/29/14
AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,
Correa, De Le�n, DeSaulnier, Evans, Fuller, Gaines, Galgiani,
Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara,
Leno, Lieu, Liu, Mitchell, Monning, Morrell, Nielsen, Padilla,
Pavley, Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wyland
NO VOTE RECORDED: Calderon, Wright, Yee
ASSEMBLY FLOOR : 78-0, 8/14/14 (Consent) - See last page for
vote
SUBJECT : Controlled substances
SOURCE : California Narcotics Officers Association
DIGEST : This bill, beginning January 1, 2016, creates an
infraction, with a maximum fine of $250, for use and possession
of specified synthetic stimulant compounds and derivatives, or
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synthetic cannabinoids and derivatives.
Assembly Amendments remove the misdemeanor provisions and make
all counts of possession a basic infraction, remove the optional
treatment programs for misdemeanor offenders, and delay the
operative date of the bill until January 1, 2016.
ANALYSIS :
Existing law:
1.Lists controlled substances in five "schedules" - intended to
list drugs in decreasing order of harm and increasing medical
utility or safety - and provides penalties for possession of
and commerce in controlled substances.
2.Provides that any person who possesses for sale, sells or
furnishes any synthetic cannabinoid compound shall be punished
by imprisonment in the county jail for up to six months, a
fine of up to $1,000, or both.
3.Provides that any person who sells, dispenses, distributes, or
gives the stimulant substances naphthylpyrovalerone or
cathinone, or specified variations of these drugs, or who
offers to do such acts, is guilty of a misdemeanor, punishable
by a jail term of up to six months, a fine of up to $1,000, or
both.
4.Provides that no person shall use, or be under the influence
of, a specified controlled substance. Violation of this
provision is a misdemeanor.
This bill, beginning January 1, 2016, creates an infraction,
with a maximum fine of $250, for use and possession of specified
synthetic stimulant compounds and derivatives, or synthetic
cannabinoids and derivatives.
Prior Legislation
AB 486 (Hueso, Chapter 656, Statutes of 2011) makes it a crime,
punishable by imprisonment in a county jail not exceeding six
months, or by a fine not exceeding $1,000, or both, to sell,
dispense, distribute, furnish, administer, or give, to offer to
sell, dispense, distribute, furnish, administer, or give, or to
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possess for sale, any synthetic stimulant compound or any
specified synthetic stimulant derivative.
SB 420 (Hernandez, Chapter 420, Statutes of 2011) 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee, negligible
law enforcement costs, offset to a minor degree by increased
fine revenue.
SUPPORT : (Verified 8/14/14)
California Narcotics Officers Association (source)
California District Attorneys Association
California Police Chiefs Association
International Faith Based Coalition
OPPOSITION : (Verified 8/14/14)
American Civil Liberties Union
California Attorneys for Criminal Justice
California Public Defenders Association
Drug Policy Alliance
Friends Committee on Legislation of California
ARGUMENTS IN SUPPORT : According to the American Medical
Association, the popularity of synthetic 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. SB
1283 protects our communities and takes synthetics drugs off the
streets by providing penalties for the personal possession of
these dangerous substances.
ARGUMENTS IN OPPOSITION : The Drug Policy Alliance (DPA)
opposes this bill because our current drug laws are applied in a
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racially and economically biased manner and there is no reason
to believe that these new penalties will be applied equitably.
ASSEMBLY FLOOR : 78-0, 8/14/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. P�rez, V.
Manuel P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Roger Hern�ndez, Vacancy
JG:e 8/15/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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