BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   June 29, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1036  
          (Hernandez) - As Introduced February 12, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill provides that a synthetic cannabinoid will be deemed  
          to be included in the list of prohibited synthetic cannabinoids  
          and subject to the same penalty as those synthetic cannabinoids  
          enumerated in current law, if the drug or chemical is an analog  
          of any synthetic cannabinoid that is specifically included in  
          that list. 


          FISCAL EFFECT:










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          Unknown increased local nonreimbursable costs for incarceration,  
          which will be offset to a degree by fine revenue. 


          COMMENTS: 


          1)Background.  California law treats a substance that is the  
            chemical or functional equivalent of a drug listed in Schedule  
            I or II of the controlled substance schedules the same as the  
            scheduled drug.  Such a substance is defined as a controlled  
            substance analog.  California law allows prosecution of a  
            person for possession of, or commerce in, a substance that is  
            an analog of a Schedule I or II drug.  The purpose of the  
            analog law is to prevent street chemists from circumventing  
            drug laws by synthesizing drugs which have slight chemical or  
            functional differences from the prohibited drug.  


            California's drug analog law provides two ways to establish  
            that a substance is an analog of a drug.  The first method  
            relies on demonstrating that the substance has a chemical  
            structure which is "substantially similar" to the chemical  
            structure of the drug.  The second method requires a showing  
            that the substance 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 the effect of the drug


            Newly developed synthetic cannabinoids are not covered by the  
            California analog statute as synthetic cannabinoids are not  
            included in Schedule I or II of the controlled substances  
            schedules. Illegal synthetic cannabinoids are separately  
            defined and prohibited.  


            California's analog law has been criticized as being too vague  
            to provide sufficient legal guidance.  The criticism has  








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            focused on the "substantial similarity" in the chemical  
            structure or in the effect, or intended effect on the central  
            nervous system.  California courts have found "substantial  
            similarity" meets constitutional requirements. 


          2)Purpose.  According to the author, "While outlawing certain  
            families of substances can be helpful, the ingenuity of the  
            criminal mind ensures that new, potentially more dangerous  
            drugs, will take their place. Putting a comprehensive ban in  
            place will assist in forestalling these efforts."


            SB 1036 includes synthetic cannabinoids within California's  
            analog law. 


          3)Support:  According to Consortium Management Group, "A rash of  
            tragic consequences resulting from the use of synthetic  
            cannabinoids led to new law federally and in many states like  
            California that ban synthetic cannabinoids.  However,  
            manufacturers have tried to stay a step ahead of the law by  
            making changes at the chemical level so that the new compound  
            is legal.  Unfortunately, in some cases, the chemical changes  
            have made the synthetic cannabinoid even more unpredictable  
            and dangerous.



          "SB 1036 endeavors to stay ahead of the manufacturers by adding  
            synthetic cannabinoids to current law that makes analogs of a  
            controlled substance subject to the same prohibitions as the  
            controlled substance."
          4)Opposition:  According to The American Civil Liberties Union  
            of California, "By incentivizing manufacturers to constantly  
            develop new substances in response to bans, laws that  
            criminalize synthetic cannabinoids force users to continuously  
            switch to new substances whose safety profile is not known  
            scientifically or anecdotally. Rather than criminalizing  








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            users, the legislature should aim to enhance public safety by  
            expanding the scientific knowledge available on existing  
            substances and educating the public about their potential  
            harms."


          5)Related Legislation: SB 139 (Galgiani), awaiting a hearing in  
            Assembly Public Safety, expands the definition of a synthetic  
            stimulant compound and a synthetic cannabinoid compound for  
            purposes of existing law. 

          6)Prior Legislation:  

             a)   SB 1283 (Galgiani), Chapter 372, Statutes of 2013, makes  
               the use or possession of specified synthetic stimulant  
               compounds or synthetic stimulant derivatives, punishable by  
               a fine of up to $250.
             b)   AB 2420 (Hueso,) 2011-2012 Legislative Session, would  
               have created infraction and misdemeanor penalties for  
               possession or use of specified synthetic stimulants and  
               synthetic cannabinoids.  AB 2420 failed passage in the  
               Assembly Public Safety Committee.  
             c)   AB 486 (Hueso), Chapter 656, Statutes of 2011,  
               prohibited the sale, dispensing, distribution, furnishment,  
               administration or giving, or attempt to do so, of any  
               synthetic stimulant compound of any specified synthetic  
               stimulant derivative.  Violation of this section is  
               punishable by imprisonment in a county jail by up to six  
               months, and/or a fine of up to $1,000.  
             d)   SB 420 (Hernandez), Chapter 420, Statutes of 2011,  
               prohibited the sale, dispensing, distribution,  
               administration or giving, or attempt to do so, of any  
               synthetic cannabinoid compound or any synthetic cannabinoid  
               derivative.  Violation of this section is punishable by  
               imprisonment in a county jail by up to six months, and/or a  
               fine of up to $1,000.  
          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081









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