BILL ANALYSIS                                                                                                                                                                                                    



                                                                       AB 730


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          ASSEMBLY THIRD READING


          AB  
          730 (Quirk)


          As Introduced  February 25, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                 |Noes                  |
          |----------------+------+---------------------+----------------------|
          |Public Safety   |5-2   |Quirk, Gonzalez,     |Melendez, Lackey      |
          |                |      |Jones-Sawyer, Low,   |                      |
          |                |      |Santiago             |                      |
           -------------------------------------------------------------------- 


          SUMMARY:  Provides that "transportation" of marijuana,  
          phencyclidine (PCP), or mushrooms shall be defined to mean  
          transportation for purposes of sale.  Specifically, this bill:  


          1)Defines "transport" for purposes of the statute prohibiting the  
            transportation of not more than 28.5 grams of marijuana or other  
            concentrated cannabis as "transport for sale."


          2)Defines "transport" for purposes of the statute prohibiting the  
            transportation of PCP or any of its analogs or precursors as  
            "transport for sale."


          3)Defines "transport" for purposes of the statute prohibiting the  
            transportation of any spores or mycelium capable of producing  








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            mushrooms or other materials which contain psilocybin or  
            psilocin as "transport for sale."


          4)Provides that these provisions of law do not preclude or limit  
            prosecution under an aiding and abetting theory, or conspiracy  
            offenses.


          EXISTING LAW:  


          1)Provides that every person who transports, imports into the  
            state, sells, furnishes, administers, or gives away, or offers  
            to transport, import into the state, sell, furnish, administer,  
            or give away, or attempts to import into this state or transport  
            marijuana shall be punished in the county jail pursuant to  
            realignment for a period of two, three or four years.  


          2)Provides that every person who transports, imports into this  
            state, sells, furnishes, administers, or gives away, or offers  
            to transport, import into this state, sell, furnish, administer,  
            or give away, or attempts to import into this state or transport  
            PCP or any of its specified analogs or precursors shall be  
            punished by imprisonment pursuant to realignment for a period of  
            three, four, or five years. 


          3)Provides that every person who transports, imports into this  
            state, sells, furnishes, gives away, or offers to transport,  
            import into this state, sell, furnish, or give away any spores  
            or mycelium capable of producing mushrooms or other material  
            which contain a specified controlled substance shall be punished  
            by imprisonment in the county jail for a period of not more than  
            one year or in the state prison. 


          4)Provides that every person that transports, imports into the  








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            state, sells, furnishes, administers, or gives away, or offers  
            to transport, import into the state, sell, furnish, administer  
            or give away, or attempts to import into this state or transport  
            cocaine, cocaine base, or heroin, or any controlled substance  
            which is a narcotic drug, without a written prescription shall  
            be punished by imprisonment pursuant to realignment for three,  
            four, or five years.  Specifies that "transport" means  
            transportation for sale.  


          5)Provides that every person that transports, imports into the  
            state, sells, furnishes, administers, or gives away, or offers  
            to transport, import into the state, sell, furnish, or give  
            away, or attempts to import into this state or transport  
            methamphetamine, or any controlled substance, which is not a  
            narcotic, listed in the controlled substance schedule without a  
            written prescription shall be punished by imprisonment for two,  
            three, or four years.  Specifies that transport means  
            transportation for sale.  


          6)Classifies controlled substances in five schedules according to  
            their danger and potential for abuse.  Schedule I controlled  
            substances have the greatest restrictions and penalties,  
            including prohibiting the prescribing of a Schedule I controlled  
            substance.  


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel. 


          COMMENTS:  According to the author, "AB 730 is about fairness and  
          consistency.  Two years ago, the Legislature clarified that  
          'transportation' of illegal drugs was intended to apply to  
          transportation of the drugs for sale, not for personal use.   
          However, the Legislature overlooked certain statutes in its  
          deliberations, resulting in a situation where transportation of  
          some drugs for personal use can be charged only as a possession  








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          offense, while transportation of other drugs for personal use can  
          be charged as both possession and transportation.  AB 730 removes  
          this unfair inconsistency and makes it clear that in Health &  
          Safety Code [Section] 11360, [Section] 11379.5 and [Section] 11391  
          'transport' of those specified drugs means transportation with  
          intent to sell."


          Analysis Prepared by:                     Sandy Uribe / PUB. S. /  
          (916) 319-3744   FN: 0000097