BILL NUMBER: AB 748 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Gilmore
FEBRUARY 26, 2009
An act to amend Section 11055 of the Health and Safety Code,
relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 748, as introduced, Gilmore. Controlled substances:
3,4-Methylenedioxymethamphetamine.
Existing law classifies controlled substances into 5 schedules and
places the greatest restrictions and penalties on the use of those
substances placed in Schedule I, including prohibiting the
prescribing of any Schedule I controlled substance and permitting the
prescription of any Schedule II controlled substance only pursuant
to a written prescription containing certain information, as
specified. The drug 3,4-Methylenedioxymethamphetamine, also known as
MDMA, Ecstasy, XTC, E, X, Beans, or Adams, is a synthetic drug
possessing stimulant and hallucinogenic properties that is not
classified within any of the schedules under the state controlled
substances law, but is classified as a Schedule I drug under the
federal controlled substances law.
This bill would classify the drug
3,4-Methylenedioxymethamphetamine within Schedule II of the state
controlled substances law. By expanding the scope of existing
Schedule II crimes to also apply to this drug, 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 11055 of the Health and Safety Code is amended
to read:
11055. (a) The controlled substances listed in this section are
included in Schedule II.
(b) Any of the following substances, except those narcotic drugs
listed in other schedules, whether produced directly or indirectly by
extraction from substances of vegetable origin, or independently by
means of chemical synthesis, or by combination of extraction and
chemical synthesis:
(1) Opium, opiate, and any salt, compound, derivative, or
preparation of opium or opiate, with the exception of naloxone
hydrochloride (N-allyl-14-hydroxy-nordihydromorphinone
hydrochloride), but including the following:
(A) Raw opium.
(B) Opium extracts.
(C) Opium fluid extracts.
(D) Powdered opium.
(E) Granulated opium.
(F) Tincture of opium.
(G) Apomorphine.
(H) Codeine.
(I) Ethylmorphine.
(J) Hydrocodone.
(K) Hydromorphone.
(L) Metopon.
(M) Morphine.
(N) Oxycodone.
(O) Oxymorphone.
(P) Thebaine.
(2) Any salt, compound, isomer, or derivative, whether natural or
synthetic, of the substances referred to in paragraph (1), but not
including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative, or preparation
of coca leaves, but not including decocainized coca leaves or
extractions which do not contain cocaine or ecgonine.
(5) Concentrate of poppy straw (the crude extract of poppy straw
in either liquid, solid, or powder form which contains the
phenanthrene alkaloids of the opium poppy).
(6) Cocaine, except as specified in Section 11054.
(7) Ecgonine, whether natural or synthetic, or any salt, isomer,
derivative, or preparation thereof.
(c) Opiates. Unless specifically excepted or unless in another
schedule, any of the following opiates, including its isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers
whenever the existence of those isomers, esters, ethers, and salts is
possible within the specific chemical designation, dextrorphan and
levopropoxyphene excepted:
(1) Alfentanyl.
(2) Alphaprodine.
(3) Anileridine.
(4) Bezitramide.
(5) Bulk dextropropoxyphene (nondosage forms).
(6) Dihydrocodeine.
(7) Diphenoxylate.
(8) Fentanyl.
(9) Isomethadone.
(10) Levoalphacetylmethadol, also known as
levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM. This
substance is authorized for the treatment of narcotic addicts under
federal law (see Part 291 (commencing with Section 291.501) and Part
1308 (commencing with Section 1308.01) of Title 21 of the Code of
Federal Regulations).
(11) Levomethorphan.
(12) Levorphanol.
(13) Metazocine.
(14) Methadone.
(15) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl
butane.
(16) Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenylpropane-carboxylic acid.
(17) Pethidine (meperidine).
(18) Pethidine-Intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine.
(19) Pethidine-Intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate.
(20) Pethidine-Intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid.
(21) Phenazocine.
(22) Piminodine.
(23) Racemethorphan.
(24) Racemorphan.
(25) Sufentanyl.
(d) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a
stimulant effect on the central nervous system:
(1) Amphetamine, its salts, optical isomers, and salts of its
optical isomers.
(2) Methamphetamine, its salts, isomers, and salts of its isomers.
(3) Dimethylamphetamine (N,N-dimethylamphetamine), its salts,
isomers, and salts of its isomers.
(4) N-Ethylmethamphetamine (N-ethyl, N-methylamphetamine), its
salts, isomers, and salts of its isomers.
(5) Phenmetrazine and its salts.
(6) Methylphenidate.
(7) Khat, which includes all parts of the plant classified
botanically as Catha Edulis, whether growing or not, the seeds
thereof, any extract from any part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant,
its seeds, or extracts.
(8) Cathinone (also known as alpha-aminopropiophenone,
2-aminopropiophenone, and norephedrone).
(9) 3,4-Methylenedioxymethamphetamine.
(e) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a
depressant effect on the central nervous system, including its salts,
isomers, and salts of isomers whenever the existence of those salts,
isomers, and salts of isomers is possible within the specific
chemical designation:
(1) Amobarbital.
(2) Pentobarbital.
(3) Phencyclidines, including the following:
(A) 1-(1-phenylcyclohexyl) piperidine (PCP).
(B) 1-(1-phenylcyclohexyl) morpholine (PCM).
(C) Any analog of phencyclidine which is added by the Attorney
General by regulation pursuant to this paragraph.
The Attorney General, or his or her designee, may, by rule or
regulation, add additional analogs of phencyclidine to those
enumerated in this paragraph after notice, posting, and hearing
pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. The Attorney General
shall, in the calendar year of the regular session of the Legislature
in which the rule or regulation is adopted, submit a draft of a
proposed bill to each house of the Legislature which would
incorporate the analogs into this code. No rule or regulation shall
remain in effect beyond January 1 after the calendar year of the
regular session in which the draft of the proposed bill is submitted
to each house. However, if the draft of the proposed bill is
submitted during a recess of the Legislature exceeding 45 calendar
days, the rule or regulation shall be effective until January 1 after
the next calendar year.
(4) Secobarbital.
(5) Glutethimide.
(f) Immediate precursors. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following substances:
(1) Immediate precursor to amphetamine and methamphetamine:
(A) Phenylacetone. Some trade or other names: phenyl-2 propanone;
P2P; benzyl methyl ketone; methyl benzyl ketone.
(2) Immediate precursors to phencyclidine (PCP):
(A) 1-phenylcyclohexylamine.
(B) 1-piperidinocyclohexane carbonitrile (PCC).
SEC. 2. 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.