Bill Text: CA SB260 | 2011-2012 | Regular Session | Amended
Bill Title: Controlled: substances ephedrine or pseudoephedrine.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB260 Detail]
Download: California-2011-SB260-Amended.html
BILL NUMBER: SB 260 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 22, 2011
INTRODUCED BY Senator Cannella
FEBRUARY 10, 2011
An act to amend, repeal, and add Section 11100 of
add Section 11383.8 to the Health and Safety
Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 260, as amended, Cannella. Controlled substances.
: substances ephedrine or pseudoephedrine.
Existing law makes it a felony punishable by imprisonment in the
state prison for 2, 4, or 6 years to, with intent to manufacture
methamphetamine or any of its analogs, as specified, or by
imprisonment in the state prison for 16 months, 2 years, or 3 years
to, with the intent to sell, transfer, or otherwise furnish those
chemicals, substances, or products to another person with the
knowledge that they will be used to manufacture methamphetamine or
any of its analogs, as specified, possess ephedrine or
pseudoephedrine, or any salts, isomers, or salts of isomers of
ephedrine or pseudoephedrine.
This bill would make it a felony punishable by imprisonment in the
state prison for 2, 4, or 6 years to possess, without regard to
intent, 1/2pound or more of ephedrine or pseudoephedrine, or any
salts, isomers, or salts of isomers of ephedrine or pseudoephedrine,
or 1/2pound or more of a substance containing ephedrine or
pseudoephedrine, or any salts, isomers, or salts of isomers of
ephedrine or pseudoephedrine.
Existing law generally provides that any manufacturer, wholesaler,
retailer, or other person or entity in this state that sells,
transfers, or otherwise furnishes to any person or entity in this or
any other state any of a list of substances shall submit a report to
the Department of Justice of all of those transactions, as specified.
Any person who does not submit a report as required, or who submits
a false report is guilty of a crime.
This bill would, until January 1, 2015, require those reports to
be submitted monthly.
Existing law provides, however, that the above reporting
requirements are not applicable to, among others, any specified
manufacturer or wholesaler licensed by the California State Board of
Pharmacy or any analytical research facility that is registered with
the federal Drug Enforcement Administration of the United States
Department of Justice.
This bill would, until January 1, 2015, delete the exemption from
the reporting requirements for specified manufacturers or wholesalers
licensed by the California State Board of Pharmacy. The bill would,
until January 1, 2015, revise the exemption from the reporting
requirements relating to analytical research facilities to provide
that the exemption shall apply to any analytical research facility
that purchases no more than 200 milliliters of a liquid controlled
chemical substance or one kilogram of a solid controlled chemical
substance, except in the case of the purchase of ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine, in which
case the facility may purchase no more than 9 solid grams.
Because this bill would make existing crimes applicable to
a create new category of persons or
entities crimes , this bill would impose a
state-mandated local program upon local governments.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11383.8 is added to the
Health and Safety Code , to read:
11383.8. (a) Notwithstanding any other law, including Sections
11383.5 and 11383.7, any person who possesses one-half pound or more
of ephedrine or pseudoephedrine, or any salts, isomers, or salts of
isomers of ephedrine or pseudoephedrine, or who possesses one-half
pound or more of a substance containing ephedrine or pseudoephedrine,
or any salts, isomers, or salts of isomers of ephedrine or
pseudoephedrine, is guilty of a felony and shall be punished by
imprisonment in the state prison for two, four, or six years.
(b) This section shall not apply to drug manufacturers licensed by
this state or persons authorized by regulation of the California
State Board of Pharmacy to possess those substances or a combination
of substances, or to persons as otherwise authorized by law to
possess a substance described in subdivision (a).
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. All matter omitted in this version of
the bill appears in the bill as introduced in the Senate, February
10, 2011. (JR11)
