Bill Text: CA SB139 | 2015-2016 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: SB 139 CHAPTERED
BILL TEXT
CHAPTER 624
FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2016
APPROVED BY GOVERNOR SEPTEMBER 25, 2016
PASSED THE SENATE AUGUST 31, 2016
PASSED THE ASSEMBLY AUGUST 22, 2016
AMENDED IN ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY JUNE 15, 2016
AMENDED IN SENATE AUGUST 18, 2015
INTRODUCED BY Senator Galgiani
(Principal coauthor: Assembly Member Lackey)
JANUARY 26, 2015
An act to amend Sections 11357.5 and 11375.5 of, and to add
Section 11375.7 to, the Health and Safety Code, and to amend Section
1000.5 of the Penal Code, relating to controlled substances, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 139, 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 compound for purposes of
existing law and would exclude from that definition substances that
are in the federal clinical trial process, as specified. The bill
would provide that a first offense of using or possessing these
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,
the bill would impose a state-mandated local program. The bill would
authorize the synthetic cannabinoid compounds to be obtained and used
for bona fide research, instruction, or analysis if that possession
and use does not violate federal law.
Existing law authorizes the court, together with the district
attorney and public defender, to conduct a preguilty plea drug court
program pursuant to specified provisions in which proceedings are
suspended without a plea of guilty for designated defendants.
Existing law sets forth procedures that apply to these programs.
This bill would authorize a person charged with certain crimes
relating to synthetic stimulant compounds or synthetic cannabinoid
compounds to be eligible to participate in those preguilty plea drug
court programs. The bill would set forth additional procedures that
would apply in determining eligibility and compliance with the
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Drug addiction or dependence is a chronically relapsing
disease or condition.
(b) The benefits of drug treatment are cumulative and the fact
that a person has not completed a prior program or course of
treatment does not establish that the person would not benefit from
further or additional treatment.
SEC. 2. Section 11357.5 of the Health and Safety Code 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:
(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 or an analog of
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-t
rimethyl-6a,7,10,10a-tetrahydrobenzo c]chromen-1-ol.
(B) AM-356, methanandamide, including (5Z,8Z,11Z,14Z)--
(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-6
a,7,10,10a-tetrahydrobenzoc]chromen-1-ol.
(D) AM-855, (4aR,12bR)-8-hexyl-2,5,5-trimethyl-1 ,
4,4a,8,9,10,11,12b-octahydronaphtho3,2-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)-6
a,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-o
xy)phenyl-4,4,4-trifluorobutyl-1-sulfonate.
(I) CP 50,556-1, Levonantradol, including 9-hydroxy-6-methyl-3
-5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenant
hridin-1-yl]acetate; (6S,6aR,9R, 10aR)-9-hydroxy-6-methyl-3-
(2R)-5-pheny
lpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]aceta
ate; and
9-hydroxy-6-methyl-3-5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octa
hydrophenanthridin-1-yl]acetate.
(J) HU-210, including (6aR,10aR)-9-(hydroxymethyl)-6,6-d
imethyl-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-o l and
1,1-Dimethylheptyl-11-hydroxytetrahydrocannabinol.
(K) HU-211, Dexanabinol, including (6aS, 10aS)-9-(hydroxy
methyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-t
etrahydrobenzoc]chromen-1-ol and (6aS, 10aS)-9-(hydroxy
methyl)-6,6-dimethyl- 3-(2-methyloctan-2-yl)-6a,7,10,10a-t
etrahydrobenzoc]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-m
ethylethenyl)-2-cyclohexen-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-t
etrahydro-1H-benzoc]chromene-1,4(6H)-dione.
(P) JTE-907, N-(benzol1,3]dioxol-5-ylmethyl)-7-methoxy-2-o
xo-8-pentyloxy-1,2-dihydroquinoline-3-carboxamide.
(Q) JWH-051, ((6aR,10aR)-6,6-dimethyl-3-(2-methyloctan-2-y
l)-6a,7,10,10a-tetrahydrobenzoc]chromen-9-yl)methanol.
(R) JWH-057 (6aR,10aR)-3-(1,1-dimethylheptyl)-6a,7,10,10a-t
etrahydro-6,6,9-trimethyl-6H-Dibenzob,d]pyran.
(S) JWH-133 (6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a-t
etrahydro -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-cyclohexylcarb amate.
(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-b
enzoxazin-4-one.
(X) URB-937 3'-carbamoyl-6-hydroxy-1,1'-biphenyl]-3-yl cyc
lohexylcarbamate.
(Y) WIN 55,212-2, including (R)-(+)-2,3-dihydro-5-methyl-3 -
(4-morpholinylmethyl)pyrrolo1,2,3-de]-1,4-benzoxazin-6-yl]-1
-napthalenylmethanone and 2,3-Dihydro-5-methyl-3-(4-morp
holinylmethyl)pyrrolo(1,2,3-de)-1,4-benzoxazin-6-yl]-1-n
apthalenylmethanone.
(d) The substances or analogs of substances identified in
subdivision (c) may be lawfully obtained and used for bona fide
research, instruction, or analysis if that possession and use does
not violate federal law.
(e) As used in this section, "synthetic cannabinoid compound" does
not include either of the following:
(1) Any substance for which there is an approved new drug
application, as defined in Section 505 of the federal Food, Drug, and
Cosmetic Act (21 U.S.C. Sec. 355) or which is generally recognized
as safe and effective for use pursuant to Section 501, 502, and 503
of the federal Food, Drug, and Cosmetic Act and Title 21 of the Code
of Federal Regulations.
(2) With respect to a particular person, any substance for which
an exemption is in effect for investigational use for that person
pursuant to 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.
SEC. 3. Section 11375.5 of the Health and Safety Code 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:
(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 or analog 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. 4. Section 11375.7 is added to the Health and Safety Code, to
read:
11375.7. (a) Unless otherwise excluded pursuant to this section,
a person charged with a misdemeanor pursuant to paragraph (3) of
subdivision (b) of Section 11357.5 or paragraph (3) of subdivision
(b) of 11375.5 shall be eligible to participate in a preguilty plea
drug court program, as described in Section 1000.5 of the Penal Code.
(b) Notwithstanding any other law, a positive test for use of a
controlled substance, any other drug that may not be possessed
without a prescription, or alcohol shall not be grounds for dismissal
from the program, unless the person is not making progress in the
program. The court shall consider any report or recommendation of the
treatment provider in making this determination. It shall be
presumed that a person engaged in a program is making progress,
unless that presumption is defeated by clear and convincing evidence.
The person may offer evidence or an argument that he or she would
benefit from and make progress in a different program or mode. If the
court so finds, it may place the person in a different treatment
program.
(c) Notwithstanding any other law, the following persons are
excluded from participation in the program under this section:
(1) Any person with a history of violence that indicates that he
or she presents a current risk of violent behavior currently or
during the treatment program. This ground for exclusion shall be
established by clear and convincing evidence.
(2) Any person required to register as a sex offender pursuant to
Section 290, unless the court finds by clear and convincing evidence
that the person does not present a substantial risk of committing
sexual offenses currently or through the course of the program and
the person would benefit from the program, including that treatment
would reduce the risk that the person would sexually reoffend.
(3) Any person that the treatment provider concludes is unamenable
to any and all forms of drug treatment. The defendant may present
evidence that he or she is amenable to treatment and the court may
retain the person in the program if the court finds that the person
is amenable to treatment through a different provider or a different
mode of treatment.
(d) Notwithstanding any other law, a prior conviction for an
offense involving a controlled substance or drug that may not be
possessed without a prescription, including a substance listed in
Section 11357.5 or 11375.5, is not grounds for exclusion from the
program, unless the court finds by clear and convincing evidence that
the person is likely to engage in drug commerce for financial gain,
rather than for purposes of obtaining a drug or drugs for personal
use.
SEC. 5. Section 1000.5 of the Penal Code is amended to read:
1000.5. (a) (1) The presiding judge of the superior court, or a
judge designated by the presiding judge, together with the district
attorney and the public defender, may agree in writing to establish
and conduct a preguilty plea drug court program pursuant to the
provisions of this chapter, wherein criminal proceedings are
suspended without a plea of guilty for designated defendants. The
drug court program shall include a regimen of graduated sanctions and
rewards, individual and group therapy, urine analysis testing
commensurate with treatment needs, close court monitoring and
supervision of progress, educational or vocational counseling as
appropriate, and other requirements as agreed to by the presiding
judge or his or her designee, the district attorney, and the public
defender. If there is no agreement in writing for a preguilty plea
program by the presiding judge or his or her designee, the district
attorney, and the public defender, the program shall be operated as a
deferred entry of judgment program as provided in this chapter.
(2) A person charged with a misdemeanor under paragraph (3) of
subdivision (b) of Section 11357.5 or paragraph (3) of subdivision
(b) of 11375.5 of the Health and Safety Code shall be eligible to
participate in a preguilty plea drug court program established
pursuant to this chapter, as set forth in Section 11375.7 of the
Health and Safety Code.
(b) The provisions of Section 1000.3 and Section 1000.4 regarding
satisfactory and unsatisfactory performance in a program shall apply
to preguilty plea programs, except as provided in Section 11375.7 of
the Health and Safety Code. If the court finds that (1) the defendant
is not performing satisfactorily in the assigned program, (2) the
defendant is not benefiting from education, treatment, or
rehabilitation, (3) the defendant has been convicted of a crime
specified in Section 1000.3, or (4) the defendant has engaged in
criminal conduct rendering him or her unsuitable for the preguilty
plea program, the court shall reinstate the criminal charge or
charges. If the defendant has performed satisfactorily during the
period of the preguilty plea program, at the end of that period, the
criminal charge or charges shall be dismissed and the provisions of
Section 1000.4 shall apply.
SEC. 6. 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. 7. 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.
