Bill Text: CA AB486 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Controlled substances.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-10-09 - Chaptered by Secretary of State - Chapter 656, Statutes of 2011. [AB486 Detail]

Download: California-2011-AB486-Amended.html

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BILL NUMBER: AB 486	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2011
	AMENDED IN SENATE  JULY 11, 2011
	AMENDED IN SENATE  JUNE 22, 2011
	AMENDED IN ASSEMBLY  MAY 10, 2011
	AMENDED IN ASSEMBLY  APRIL 11, 2011

INTRODUCED BY   Assembly Member Hueso
    (   Coauthor:   Senator   Lieu
  ) 

                        FEBRUARY 15, 2011

   An act to add Section 11375.5 to the Health and Safety Code,
relating to controlled substances  , and declaring the urgency
thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 486, as amended, Hueso.  Controlled substances.
   Existing law 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 also prohibits the sale
or possession for sale of various controlled substances, including
opiates, as well as their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of those
isomers, esters, ethers, and salts fall within a specific chemical
designation.
   This bill would make it a crime, punishable by imprisonment in a
county jail not exceeding 6 months, or by a fine not exceeding
$1,000, or by both that fine and imprisonment, 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. By creating new crimes, this bill would
impose a state-mandated local program upon local governments. The
bill would also specify that nothing in this bill would prohibit
prosecution under any other provision of law.
   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:  majority  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 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,  or possesses for
sale  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.
  SEC. 2.  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. 3.    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 synthetic
stimulant compounds and derivatives specified in this act at the
earliest possible time, it is necessary that this act take effect
immediately.