Bill Text: CA SB139 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Controlled substances.

Spectrum: Bipartisan Bill

Status: (Passed) 2016-09-25 - Chaptered by Secretary of State. Chapter 624, Statutes of 2016. [SB139 Detail]

Download: California-2015-SB139-Amended.html

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BILL NUMBER: SB 139	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2015

INTRODUCED BY   Senator Galgiani
   (Principal coauthor: Assembly Member Lackey)

                        JANUARY 26, 2015

   An act to  repeal and  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 amended, 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  instead make it an infraction to use or
possess those drugs beginning on the effective date of this bill. The
bill would   also  expand the definition of a
synthetic stimulant compound and a synthetic cannabinoid 
compound  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   the  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 amended by Section 1 of
Chapter 372 of the Statutes of 2014, is repealed.  
   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 exceeding six months, or by a fine
not exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.
   (b) 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).
   (c) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date. 
   SECTION 1.   SEC. 2.   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
 a public offense, punishable as follows:   an
infraction, punishable by a fine not to exceed two hundred fifty
dollars ($250).  
   (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) 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-6a,7 ,
10,10a-tetrahydrobenzoc]chromen-1-ol.
   (B) AM-356, methanandamide, including (5Z,8Z,11Z,14Z)-N-
(1R)-2-hydroxy- 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-tetra
hydrobenzoc]chromen-1-ol.
   (D) AM-855,
(4aR,12bR)-8-hexyl-2,5,5-trimethyl-1,4,4a,8,9,10,11,12b-octa
hydronaphtho3,2-c]isochromen-12-ol.
   (E) AM-905, (6aR,9R,10aR)-3-(E)-hept-1-enyl]-9-
(hydroxymethyl)-6,6-dime
thyl-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-dime
thyl-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-hex
ahydro-6,6-dimethyl-6H-dibenzob,d]pyran-1,9 diol.
   (H) BAY 38-7271, (-)-(R)-3-
(2-Hydroxymethylindanyl-4-oxy)phenyl-4,4,4-tr
ifluorobutyl-1-sulfonate.
   (I) CP 50,556-1, Levonantradol, including
9-hydroxy-6-methyl-3-5-phenyl
pentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetat
te; (6S,6aR,9R, 10aR)-9-hydroxy-6-methyl-3-
(2R)-5-phenylpentan-2-yl]oxy-5,6,6
a,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-met hyloctan-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-dim ethyl-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)phenyl]-
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-cyclohex
en-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-tetrahydro-1
H-benzoc]chromene-1,4(6H)-dione.
   (P) JTE-907, N-
(benzol1,3]dioxol-5-ylmethyl)-7-methoxy-2-oxo-8-pentylox
y-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-morpholin
ylmethyl)pyrrolo1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone
and 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo
(1,2,3-de)-1,4-benzoxa zin-6-yl]-1-napthalenylmethanone.
   SEC. 3.    Section 11375.5 of the   Health
and Safety Code   , as amended by Section 3 of Chapter 372
of the Statutes of 2014, is repealed.  
   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 (b), 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.
   (b) Unless specifically excepted, or contained within a
pharmaceutical product approved by the United States Food and Drug
Administration, or unless listed in another schedule, subdivision (a)
applies 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.
   (c) This section shall not prohibit prosecution under any other
provision of law.
   (d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date. 
   SEC. 2.   SEC. 4.   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 a public offense punishable as
follows:   an infraction, punishable by a fine not to
exceed two hundred fifty dollars ($250).  
   (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 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, that is
structurally derived from 2-amino-1-phenyl-1-propanone by
modification in one of the following ways:
   (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.
   SEC. 3.   SEC. 5.   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.   SEC. 6.   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.