Bill Text: CA SB1036 | 2015-2016 | Regular Session | Chaptered
Bill Title: Controlled substances: synthetic cannabinoids: analogs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-25 - Chaptered by Secretary of State. Chapter 627, Statutes of 2016. [SB1036 Detail]
Download: California-2015-SB1036-Chaptered.html
BILL NUMBER: SB 1036 CHAPTERED
BILL TEXT
CHAPTER 627
FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2016
APPROVED BY GOVERNOR SEPTEMBER 25, 2016
PASSED THE SENATE MAY 2, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
INTRODUCED BY Senator Hernandez
FEBRUARY 12, 2016
An act to amend Sections 11400 and 11401 of the Health and Safety
Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 1036, Hernandez. Controlled substances: synthetic cannabinoids:
analogs.
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 and makes it an infraction to use or possess those drugs.
Existing law provides that a controlled substance analog, which
includes a substance the chemical structure of which is substantially
similar to the chemical structure of a Schedule I or Schedule II
controlled substance, is treated the same as the Schedule I or
Schedule II controlled substance of which it is an analog for the
purposes of specified provisions of law.
This bill would expand the definition of a controlled substance
analog to include a substance the chemical structure of which is
substantially similar to the chemical structure of a synthetic
cannabinoid compound and would require the controlled substance
analogs of synthetic cannabinoid compounds to be treated the same as
the synthetic cannabinoid compound of which it is an analog for the
purpose of the provisions criminalizing synthetic cannabinoid
compounds. By expanding the scope of a crime, this bill would impose
a state-mandated local program.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11400 of the Health and Safety Code is amended
to read:
11400. The Legislature finds and declares that the laws of this
state which prohibit the possession, possession for sale, offer for
sale, sale, manufacturing, and transportation of controlled
substances are being circumvented by the commission of those acts
with respect to analogs of specified controlled substances which
have, are represented to have, or are intended to have effects on the
central nervous system which are substantially similar to, or
greater than, the controlled substances classified in Sections 11054
and 11055 and the synthetic cannabinoid compounds defined in Section
11357.5, of which they are analogs. These analogs have been
synthesized by so-called "street chemists" and imported into this
state from other jurisdictions as precursors to, or substitutes for,
controlled substances and synthetic cannabinoid compounds, due to the
nonexistence of applicable criminal penalties. These analogs present
grave dangers to the health and safety of the people of this state.
Therefore, it is the intent of the Legislature that a controlled
substance or synthetic cannabinoid compound analog as defined in
Section 11401 be considered identical, for purposes of the penalties
and punishment specified in Chapter 6 (commencing with Section
11350), to the controlled substance in Section 11054 or 11055 or the
synthetic cannabinoid compound defined in Section 11357.5 of which it
is an analog.
SEC. 2. Section 11401 of the Health and Safety Code is amended to
read:
11401. (a) A controlled substance analog shall, for the purposes
of Chapter 6 (commencing with Section 11350), be treated the same as
the controlled substance classified in Section 11054 or 11055 or the
synthetic cannabinoid compound defined in Section 11357.5 of which
it is an analog.
(b) Except as provided in subdivision (c), the term "controlled
substance analog" means either of the following:
(1) A substance the chemical structure of which is substantially
similar to the chemical structure of a controlled substance
classified in Section 11054 or 11055 or a synthetic cannabinoid
compound defined in Section 11357.5.
(2) A substance which has, is represented as having, or is
intended to have a stimulant, depressant, or hallucinogenic effect on
the central nervous system that is substantially similar to, or
greater than, the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a controlled substance classified in
Section 11054 or 11055 or a synthetic cannabinoid compound defined in
Section 11357.5.
(c) The term "controlled substance analog" does not mean any of
the following:
(1) A substance for which there is an approved new drug
application as defined under Section 505 of the federal Food, Drug,
and Cosmetic Act (21 U.S.C. Sec. 355) or that is generally recognized
as safe and effective for use pursuant to Sections 501, 502, and 503
of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 351,
352, and 353) and Section 330 et seq. of Title 21 of the Code of
Federal Regulations.
(2) With respect to a particular person, a substance for which an
exemption is in effect for investigational use for that person under
Section 505 of the federal Food, Drug, and Cosmetic Act (21 U.S.C.
Sec. 355), to the extent that the conduct with respect to that
substance is pursuant to the exemption.
(3) A substance, before an exemption as specified in paragraph
(2) takes effect with respect to the substance, to the extent the
substance is not intended for human consumption.
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.
