Senate Bill No. 1036

Introduced by Senator Hernandez

February 12, 2016

An act to amend Sections 11400 and 11401 of the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

SB 1036, as introduced, Hernandez. Controlled substances: synthetic cannabinoids: analogs.

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 and makes it an infraction to use or possess those drugs. Existing law provides that a controlled substance analog, which includes a substance the chemical structure of which is substantially similar to the chemical structure of a Schedule I or Schedule II controlled substance, is treated the same as the Schedule I or Schedule II controlled substance of which it is an analog for the purposes of specified provisions of law.

This bill would expand the definition of a controlled substance analog to include a substance the chemical structure of which is substantially similar to the chemical structure of a synthetic cannabinoid compound and would require the controlled substance analogs of synthetic cannabinoid compounds to be treated the same as the synthetic cannabinoid compound of which it is an analog for the purpose of the provisions criminalizing synthetic cannabinoid compounds. By expanding the scope of a crime, 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.

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 11400 of the Health and Safety Code is
amended to read:

11400.  

The Legislature finds and declares that the laws of this
state which prohibit the possession, possession for sale, offer for
sale, sale, manufacturing, and transportation of controlled
substances are being circumvented by the commission of those
acts with respect to analogs of specified controlled substances
which have, are represented to have, or are intended to have effects
on the central nervous system which are substantially similar to,
or greater than, the controlled substances classified in Sections
11054 and 11055 begin insert and the synthetic cannabinoid compounds defined
in Section 11357.5, end insert of which they are analogs. These analogs have
been synthesized by so-called “street chemists” and imported into
this state from other jurisdictions as precursors to, or substitutes
for, controlled begin delete substances, end delete begin insert substances and synthetic cannabinoid
compounds, end insert due to the nonexistence of applicable criminal
penalties. These analogs present grave dangers to the health and
safety of the people of this state. Therefore, it is the intent of the
Legislature that a controlled substance begin insert or synthetic cannabinoid
compound end insert analog as defined in Section 11401 be considered
identical, for purposes of the penalties and punishment specified
in Chapter 6 (commencing with Section 11350), to the controlled
substance in Section 11054 or 11055 begin insert or the synthetic cannabinoid
compound defined in Section 11357.5 end insert of which it is an analog.

SEC. 2.  

Section 11401 of the Health and Safety Code is
amended to read:

11401.  

(a)  A controlled substance analog shall, for the
purposes of Chapter 6 (commencing with Section 11350), be
treated the same as the controlled substance classified in Section
11054 or 11055 begin insert or the synthetic cannabinoid compound defined
in Section 11357.5 end insert of which it is an analog.

(b)  Except as provided in subdivision (c), the term “controlled
substance analog” means either of the following:

(1)  A substance the chemical structure of which is substantially
similar to the chemical structure of a controlled substance classified
in Section 11054 or begin delete 11055. end delete begin insert 11055 or a synthetic cannabinoid
compound defined in Section 11357.5. end insert

(2)  A substance which has, is represented as having, or is
intended to have a stimulant, depressant, or hallucinogenic effect
on the central nervous system that is substantially similar to, or
greater than, the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a controlled substance classified in
Section 11054 or begin delete 11055. end delete begin insert 11055 or a synthetic cannabinoid
compound defined in Section 11357.5. end insert

(c)  The term “controlled substance analog” does not mean any
of the following:

(1)   begin delete Any end delete begin insert A end insert substance for which there is an approved new drug
application as defined under Section 505 of the federal Food, Drug,
and Cosmetic Act (21 U.S.C. Sec. 355) or begin delete which end delete begin insert that end insert is generally
recognized as safe and effective for use pursuant to Sections 501,
502, and 503 of the federal Food, Drug, and Cosmetic Act (21
begin delete U.S. C. end delete begin insert U.S.C. end insert Secs. 351, 352, and 353) and begin delete 21 C.F.R. Section
330 et seq. end delete begin insert Section 330 et seq. of Title 21 of the Code of Federal
Regulations. end insert

(2)  With respect to a particular person, begin delete any end delete begin insert a end insert substance for
which an exemption is in effect for investigational use for that
person under Section 505 of the federal Food, Drug, and Cosmetic
Act (21 U.S.C. Sec. 355), to the extent that the conduct with respect
to that substance is pursuant to the exemption.

(3)   begin delete Any end delete begin insert A end insert substance, before an exemption as specified in
paragraph (2) takes effect with respect to the substance, to the
extent the substance is not intended for human consumption.

SEC. 3.  

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.