Bill Text: CA AB1800 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Negligence: controlled substances: social media companies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-04 - Re-referred to Coms. on JUD. and P. & C.P. pursuant to Assembly Rule 96. [AB1800 Detail]
Download: California-2023-AB1800-Introduced.html
Bill Title: Negligence: controlled substances: social media companies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-04 - Re-referred to Coms. on JUD. and P. & C.P. pursuant to Assembly Rule 96. [AB1800 Detail]
Download: California-2023-AB1800-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1800
| Introduced by Assembly Member Jones-Sawyer |
January 08, 2024 |
An act to add Section 11366.3 to the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 1800, as introduced, Jones-Sawyer.
Controlled substances: social media companies.
Existing law, the Uniform Controlled Substances Act, classifies controlled substances into 5 schedules, and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law prohibits various actions related to those substances, including their sale, possession, transportation, manufacture, or cultivation.
This bill would impose criminal liability and civil penalties on a social media company that operates a social media platform on which users offer controlled substances for sale. The bill would impose increased liability if, as a result of a sale of a controlled substance that occurred because of an offer made on a social media platform, an individual suffered an overdose or died. The bill would additionally impose daily civil penalties for each day that users offer controlled substances for sale on
a social media platform. By expanding the scope of criminal liability, this bill would create 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11366.3 is added to the Health and Safety Code, to read:11366.3.
(a) A social media company that operates a social media platform on which users offer controlled substances for sale is guilty of a misdemeanor.(b) A social media company that violates subdivision (a) and as a result of a sale of a controlled substance that occurred because of that violation an individual overdoses and requires medical care shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two years, or three years, or by imprisonment in a county jail for not more than one year.
(c) A social media company that violates subdivision (a) and as a result of a sale of a controlled substance that occurred because of that
violation an individual dies shall be punished by imprisonment in state prison for a term of two years, three years, or six years.
(d) In addition to the penalties in this section, a social media company shall be liable for civil penalties for each day that users offer controlled substances for sale on a social media platform it operates.
(e) This section does not apply to actions authorized pursuant to Division 10 of the Business and Professions Code.
(f) As used in this section, “social media company” and “social media platform” mean the same as in Section 22675 of the Business and Professions Code.
