Bill Text: CA SB1283 | 2013-2014 | Regular Session | Chaptered
Bill Title: Controlled substances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-16 - Chaptered by Secretary of State. Chapter 372, Statutes of 2014. [SB1283 Detail]
Download: California-2013-SB1283-Chaptered.html
BILL NUMBER: SB 1283 CHAPTERED
BILL TEXT
CHAPTER 372
FILED WITH SECRETARY OF STATE SEPTEMBER 16, 2014
APPROVED BY GOVERNOR SEPTEMBER 16, 2014
PASSED THE SENATE AUGUST 25, 2014
PASSED THE ASSEMBLY AUGUST 14, 2014
AMENDED IN ASSEMBLY AUGUST 4, 2014
AMENDED IN ASSEMBLY JUNE 25, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE MAY 6, 2014
INTRODUCED BY Senator Galgiani
FEBRUARY 21, 2014
An act to amend, repeal, and add Sections 11357.5 and 11375.5 of
the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 1283, Galgiani. Controlled substances.
Existing law makes it a misdemeanor to sell, dispense, distribute,
furnish, administer, or give, to offer to sell, dispense,
distribute, furnish, administer, or give, or to possess for sale, any
synthetic stimulant compound or any specified synthetic stimulant
derivative, including naphthylpyrovalerone and
2-amino-l-phenyl-l-propanone.
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.
This bill would, beginning January 1, 2016, also make the use or
possession of those specified synthetic stimulant compounds or
synthetic stimulant derivatives, or any synthetic cannabinoid
compound or any synthetic cannabinoid derivative an infraction,
punishable by a fine not exceeding $250. By creating new 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 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.
SEC. 2. Section 11357.5 is added to the Health and Safety Code, 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).
(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.
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 (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. 4. Section 11375.5 is added to the Health and Safety Code, 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).
(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, 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.
(d) This section shall not prohibit prosecution under any other
provision of law.
(e) This section shall become operative on January 1, 2016.
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.
