BILL NUMBER: SB 139 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Galgiani
(Principal coauthor: Assembly Member Lackey)
JANUARY 26, 2015
An act to amend Sections 11357.5 and 11375.5 of the Health and
Safety Code, relating to controlled substances, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 139, as introduced, Galgiani. Controlled substances.
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 stimulant compound or any specified synthetic stimulant
derivative. Existing law also 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. Existing law, beginning January 1, 2016, makes it an
infraction to use or possess those drugs.
This bill would expand the definition of a synthetic stimulant
compound and a synthetic cannabinoid for purposes of existing law.
The bill would provide that a first offense of using or possessing
those substances 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. By expanding the scope of
existing crimes and by increasing the penalty for existing crimes,
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. 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, as added
by Section 2 of Chapter 372 of the Statutes of 2014, is amended to
read:
11357.5. (a) Every person who 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 to exceed six months, or by a fine
not to exceed one thousand dollars ($1,000), or by both that fine and
imprisonment.
(b) Every person who uses or possesses any synthetic cannabinoid
compound, or any synthetic cannabinoid derivative, is guilty of
an infraction, punishable by a fine not to exceed two
hundred fifty dollars ($250). a public offense,
punishable as follows:
(1) A first offense is an infraction punishable by a fine not
exceeding two hundred fifty dollars ($250).
(2) 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.
(3) 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.
(c) 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).
(d) This section shall become operative on January 1, 2016.
(1) Adamantoylindoles or adamantoylindazoles, which includes
adamantyl carboxamide indoles and adamantyl carboxamide indazoles, or
any compound structurally derived from 3-(1-adamantoyl) indole, 3-
(1-adamantoyl)indazole, 3-(2-adamantoyl)indole, N-
(1-adamantyl)-1H-indole-3-carboxamide, or N-
(1-adamantyl)-1H-indazole-3-carboxamide by substitution at the
nitrogen atom of the indole or indazole ring with alkyl, haloalkyl,
alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-
(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or
(tetrahydropyran-4-yl)methyl group, whether or not further
substituted in the indole or indazole ring to any extent and whether
or not substituted in the adamantyl ring to any extent, including,
but not limited to, 2NE1, 5F-AKB-48, AB-001, AKB-48, AM-1248, JWH-018
adamantyl carboxamide, STS-135.
(2) Benzoylindoles, which includes any compound structurally
derived from a 3-(benzoyl)indole structure with substitution at the
nitrogen atom of the indole ring with alkyl, haloalkyl, cyanoalkyl,
hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-
(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-
(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or
(tetrahydropyran-4-yl)methyl group, whether or not further
substituted in the indole ring to any extent and whether or not
substituted in the phenyl ring to any extent, including, but not
limited to, AM-630, AM-661, AM-679, AM-694, AM-1241, AM-2233, RCS-4,
WIN 48,098 (Pravadoline).
(3) Cyclohexylphenols, which includes any compound structurally
derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the
5-position of the phenolic ring by alkyl, haloalkyl, cyanoalkyl,
hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-
(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-
(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or
(tetrahydropyran-4-yl)methyl group, whether or not further
substituted in the cyclohexyl ring to any extent, including, but not
limited to, CP 47,497, CP 55,490, CP 55,940, CP 56,667,
cannabicyclohexanol.
(4) Cyclopropanoylindoles, which includes any compound
structurally derived from 3-(cyclopropylmethanoyl)indole, 3-
(cyclopropylmethanone)indole, 3-(cyclobutylmethanone)indole or 3-
(cyclopentylmethanone)indole by substitution at the nitrogen atom of
the indole ring, whether or not further substituted in the indole
ring to any extent, whether or not substituted on the cyclopropyl,
cyclobutyl, or cyclopentyl rings to any extent.
(5) Naphthoylindoles, which includes any compound structurally
derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-
(1-naphthyl)methane by substitution at the nitrogen atom of the
indole ring by alkyl,haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
2-(4-morpholinyl)ethyl group, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-
(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl
group, whether or not further substituted in the naphthyl ring to any
extent, including, but not limited to, AM-678, AM-1220, AM-1221,
AM-1235, AM-2201, AM-2232, EAM-2201, JWH-004, JWH-007, JWH-009,
JWH-011, JWH-015, JWH-016, JWH-018, JWH-019, JWH-020, JWH-022,
JWH-046, JWH-047, JWH-048, JWH-049, JWH-050, JWH-070, JWH-071,
JWH-072, JWH-073, JWH-076, JWH-079, JWH-080, JWH-081, JWH-082,
JWH-094, JWH-096, JWH-098, JWH-116, JWH-120, JWH-122, JWH-148,
JWH-149, JWH-164, JWH-166, JWH-180, JWH-181, JWH-182, JWH-189,
JWH-193, JWH-198, JWH-200, JWH-210, JWH-211, JWH-212, JWH-213,
JWH-234, JWH-235, JWH-236, JWH-239, JWH-240, JWH-241, JWH-242,
JWH-258, JWH-262, JWH-386, JWH-387, JWH-394, JWH-395, JWH-397,
JWH-398, JWH-399, JWH-400, JWH-412, JWH-413, JWH-414, JWH-415,
JWH-424, MAM-2201, WIN 55,212.
(6) Naphthoylnaphthalenes, which includes any compound
structurally derived from naphthalene-1-yl-(naphthalene-1-yl)
methanone with substitutions on either of the naphthalene rings to
any extent, including, but not limited to, CB-13.
(7) Naphthoylpyrroles, which includes any compound structurally
derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen
atom of the pyrrole ring by alkyl, haloalkyl, cyanoalkyl,
hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-
(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-
(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or
(tetrahydropyran-4-yl)methyl group, whether or not further
substituted in the pyrrole ring to any extent and whether or not
substituted in the naphthyl ring to any extent, including, but not
limited to, JWH-030, JWH-031, JWH-145, JWH-146, JWH-147, JWH-150,
JWH-156, JWH-243, JWH-244, JWH-245, JWH-246, JWH-292, JWH-293,
JWH-307, JWH-308, JWH-309, JWH-346, JWH-348, JWH-363, JWH-364,
JWH-365, JWH-367, JWH-368, JWH-369, JWH-370, JWH-371, JWH-373,
JWH-392.
(8) Naphthylmethylindenes, which includes any compound containing
a naphthylideneindene structure or which is structurally derived from
1-(1-naphthylmethyl)indene with substitution at the 3-position of
the indene ring by alkyl, haloalkyl, cyanoalkyl, hydroxyalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-
(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-
(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or
(tetrahydropyran-4-yl)methyl group, whether or not further
substituted in the indene ring to any extent and whether or not
substituted in the naphthyl ring to any extent, including, but not
limited to, JWH-171, JWH-176, JWH-220.
(9) Naphthylmethylindoles, which includes any compound
structurally derived from an H-indol-3-yl-(1-naphthyl) methane by
substitution at the nitrogen atom of the indole ring by alkyl,
haloalkyl, cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-
(4-morpholinyl)ethyl, or 1-(N-methyl-2-pyrrolidinyl)methyl, 1-
(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl
group, whether or not further substituted in the indole ring to any
extent and whether or not substituted in the naphthyl ring to any
extent, including, but not limited to, JWH-175, JWH-184, JWH-185,
JWH-192, JWH-194, JWH-195, JWH-196, JWH-197, JWH-199.
(10) Phenylacetylindoles, which includes any compound structurally
derived from 3-phenylacetylindole by substitution at the nitrogen
atom of the indole ring with alkyl, haloalkyl, cyanoalkyl,
hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-
(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, or 1-
(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or
(tetrahydropyran-4-yl)methyl group, whether or not further
substituted in the indole ring to any extent and whether or not
substituted in the phenyl ring to any extent, including, but not
limited to, cannabipiperidiethanone, JWH-167, JWH-201, JWH-202,
JWH-203, JWH-204, JWH-205, JWH-206, JWH-207, JWH-208, JWH-209,
JWH-237, JWH-248, JWH-249, JWH-250, JWH-251, JWH-253, JWH-302,
JWH-303, JWH-304, JWH-305, JWH-306, JWH-311, JWH-312, JWH-313,
JWH-314, JWH-315, JWH-316, RCS-8.
(11) Quinolinylindolecarboxylates, which includes any compound
structurally derived from quinolin-8-yl-1H-indole-3-carboxylate by
substitution at the nitrogen atom of the indole ring with alkyl,
haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy,
cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-
(4-morpholinyl)alkyl, whether or not further substituted in the
indole ring to any extent, whether or not substituted in the
quinoline ring to any extent, including, but not limited to, BB-22,
5-Fluoro-PB-22, PB-22.
(12) Tetramethylcyclopropanoylindoles, which includes any compound
structurally derived from 3-tetramethylcyclopropanoylindole, 3-
(1-tetramethylcyclopropyl)indole, 3-
(2,2,3,3-tetramethylcyclopropyl)indole or 3-
(2,2,3,3-tetramethylcyclopropylcarbonyl)indole with substitution at
the nitrogen atom of the indole ring by an alkyl, haloalkyl,
cyanoalkyl, hydroxyalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-
(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or
(tetrahydropyran-4-yl)methyl group whether or not further
substituted in the indole ring to any extent and whether or not
substituted in the tetramethylcyclopropanoyl ring to any extent,
including, but not limited to, 5-bromo-UR-144, 5-chloro-UR-144,
5-fluoro-UR-144, A-796,260, A-834,735, AB-034, UR-144, XLR11.
(13) Tetramethylcyclopropane-thiazole carboxamides, which includes
any compound structurally derived from 2,2,3,3-tetramethyl-N-
(thiazol-2-ylidene)cyclopropanecarboxamide by substitution at the
nitrogen atom of the thiazole ring by alkyl, haloalkyl, benzyl,
halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl,
cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl,
(4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not
further substituted in the thiazole ring to any extent, whether or
not substituted in the tetramethylcyclopropyl ring to any extent,
including, but not limited to, A-836,339.
(14) Unclassified synthetic cannabinoids, which includes all of
the following:
(A) AM-087, (6aR,10aR)-3-
(2-methyl-6-bromohex-2-yl)-6,6,9-trimethyl-6
a,7,10,10a-tetrahydrobenzoc]chromen-1-ol.
(B) AM-356, Methanandamide, including (5Z,8Z,11Z,14Z)-N-
(1R)-2-hydro xy-1-methylethyl]icosa-5,8,11,14-tetraenamide and
arachidonyl-1?-hydroxy-2?-propylamide.
(C) AM-411, (6aR,10aR)-3-
(1-adamantyl)-6,6,9-trimethyl-6a,7,10,10a-te
trahydrobenzoc]chromen-1-ol.
(D) AM-855,
(4aR,12bR)-8-hexyl-2,5,5-trimethyl-1,4,4a,8,9,10,11,12b-o
ctahydronaphtho3,2-c]isochromen-12-ol.
(E) AM-905, (6aR,9R,10aR)-3-(E)-hept-1-enyl]-9-
(hydroxymethyl)-6,6-d
imethyl-6a,7,8,9,10,10a-hexahydrobenzoc]chromen-1-ol.
(F) AM-906, (6aR,9R,10aR)-3-(Z)-hept-1-enyl]-9-
(hydroxymethyl)-6,6-d
imethyl-6a,7,8,9,10,10a-hexahydrobenzoc]chromen-1-ol
(G) AM-2389, (6aR,9R,10aR)-3-
(1-hexyl-cyclobut-1-yl)-6a,7,8,9,10,10a-
hexahydro-6,6-dimethyl-6H-dibenzob,d]pyran-1,9 diol.
(H) BAY 38-7271, (-)-(R)-3-
(2-Hydroxymethylindanyl-4-oxy)phenyl-4,4,4
-trifluorobutyl-1-sulfonate.
(I) CP 50,556-1, Levonantradol, including
9-hydroxy-6-methyl-3-5-phe
nylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]ace
etate; (6S,6aR,9R, 10aR)-9-hydroxy-6-methyl-3-(2R)-5-ph
enylpentan-2-yl]oxy-5,6,
6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate; and
9-hydroxy-6-methyl-3-5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,
10a-octahydrophenanthridin-1-yl]acetate.
(J) HU-210, including (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-
(2- methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzoc] chromen-1-ol;
(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyl
octan-2-yl)-6a,7,10,10a-tetrahydrobenzoc]chromen-1-ol and
1,1-Dimethylheptyl-11-hydroxytetrahydrocannabinol.
(K) HU-211, Dexanabinol, including (6aS, 10aS)-9-
(hydroxymethyl)-6,6- dimethyl-3-
(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzoc]chromen-1-ol and
(6aS, 10aS)-9-(hydroxymethyl)-6,6-dimethyl- 3-
(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzoc]chromen-1-ol.
(L) HU-243, 3-dimethylheptyl-11-hydroxyhexahydrocannabinol.
(M) HU-308, (91R,2R,5R)-2-2,6-dimethoxy-4-
(2-methyloctan-2-yl)pheny
l]-7,7-dimethyl-4-bicyclo3.1.1]hept-3-enyl]methanol.
(N) HU-331, 3-hydroxy-2-(1R,6R)-3-methyl-6-
(1-methylethenyl)-2-cyclo
hexen-1-yl]-5-pentyl-2,5-cyclohexadiene-1,4-dione
(O) HU-336,
(6aR,10aR)-6,6,9-trimethyl-3-pentyl-6a,7,10,10a-tetrahydr
o-1H-benzoc]chromene-1,4(6H)-dione.
(P) JTE-907, N-
(benzol1,3]dioxol-5-ylmethyl)-7-methoxy-2-oxo-8-penty
loxy-1,2-dihydroquinoline-3-carboxamide.
(Q) JWH-051, ((6aR,10aR)-6,6-dimethyl-3-
(2-methyloctan-2-yl)-6a,7,10,
10a-tetrahydrobenzoc]chromen-9-yl)methanol.
(R) JWH-057 (6aR,10aR)-3-
(1,1-dimethylheptyl)-6a,7,10,10a-tetrahydro-
6,6,9-trimethyl-6H-Dibenzob,d]pyran.
(S) JWH-133 (6aR,10aR)-3-
(1,1-Dimethylbutyl)-6a,7,10,10a-tetrahydro
-6,6,9-trimethyl-6H-dibenzob,d]pyran.
(T) JWH-359, (6aR,10aR)- 1-methoxy- 6,6,9-trimethyl- 3-
(2R)-1,1,2-trimethylbutyl]- 6a,7,10,10a-tetrahydrobenzoc]chromene.
(U) URB-597 3-(3-carbamoylphenyl)phenyl]-N-cyclohexylcarbamate.
(V) URB-602 1,1'-Biphenyl]-3-yl-carbamic acid, cyclohexyl ester;
OR cyclohexyl 1,1'-biphenyl]-3-ylcarbamate.
(W) URB-754 6-methyl-2-
(4-methylphenyl)amino]-4H-3,1-benzoxazin-4-one.
(X) URB-937 3'-carbamoyl-6-hydroxy-1,1'-biphenyl]-3-yl
cyclohexylcarbamate.
(Y) WIN 55,212-2, including (R)-(+)-2,3-dihydro-5-methyl-3-
(4-morpho
linylmethyl)pyrrolo1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethano
one and 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo
(1,2,3-de)-1,4-ben zoxazin-6-yl]-1-napthalenylmethanone.
SEC. 2. Section 11375.5 of the Health and Safety Code, as added by
Section 4 of Chapter 372 of the Statutes of 2014, is amended to
read:
11375.5. (a) Every person who sells, dispenses, distributes,
furnishes, administers, or gives, or offers to sell, dispense,
distribute, furnish, administer, or give, any synthetic stimulant
compound specified in subdivision (c), 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 to exceed six months, or by a fine
not to exceed one thousand dollars ($1,000), or by both that fine and
imprisonment.
(b) Every person who uses or possesses any synthetic stimulant
compound specified in subdivision (c), or any synthetic stimulant
derivative, is guilty of an infraction, punishable by a fine
not to exceed two hundred fifty dollars ($250). a
public offense punishable as follows:
(1) A first offense is an infraction punishable by a fine not
exceeding two hundred fifty dollars ($250).
(2) 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.
(3) 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.
(c) Unless specifically excepted, or contained within a
pharmaceutical product approved by the United States Food and Drug
Administration, or unless listed in another schedule, subdivisions
(a) and (b) apply to any material, compound, mixture, or preparation
which contains any quantity of the following substances
having a stimulant effect on the central nervous system,
a substance, 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: possible,
that is structurally derived from 2-amino-1-phenyl-1-propanone by
modification in one of the following ways:
(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.
(1) 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.
(2) By substitution at the 3-position with an alkyl substituent.
(3) By substitution at the nitrogen atom with alkyl or dialkyl
groups, or by inclusion of the nitrogen atom in a cyclic structure.
(d) This section shall not prohibit prosecution under any other
provision of law.
(e) This section shall become operative on January 1, 2016.
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.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to prevent any harm that may be caused by the controlled
substances described in this act at the earliest possible time, it is
necessary that this act take effect immediately.