BILL ANALYSIS Ó SB 1036 Page 1 SENATE THIRD READING SB 1036 (Hernandez) As Introduced February 12, 2016 Majority vote SENATE VOTE: 38-0 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |5-0 |Jones-Sawyer, Lackey, | | | | |Lopez, Low, Santiago | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |18-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonta, | | | | |Calderon, Chang, | | | | |Daly, Eggman, | | | | |Gallagher, | | | | | | | | | | | | | | |Roger Hernández, | | | | |Holden, Jones, | | | | |Obernolte, Quirk, | | | | |Santiago, Wagner, | | | | |Weber, Wood | | | | | | | SB 1036 Page 2 | | | | | ------------------------------------------------------------------ SUMMARY: Makes it a crime to possess, sell, transport, or manufacture an analog of a synthetic cannabinoid compound, aka "Spice." Expands the definition of controlled substance analog to include a substance the chemical structure of which is substantially similar to the chemical structure of a synthetic cannabinoid compound. EXISTING LAW: 1)Specifies that 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 cannabinoid compound, or any synthetic cannabinoid derivative, to any person, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding $1,000, or by both that fine and imprisonment. 2)States that every person who uses or possesses any synthetic cannabinoid compound, or any synthetic cannabinoid derivative, is guilty of an infraction, punishable by a fine not to exceed $250. 3)Specifies that a controlled substance analog shall be treated the same as specified controlled substances of which it is an analog. 4)Provides that, except as specified, the term "controlled substance analog" means either of the following: SB 1036 Page 3 a) A substance the chemical structure of which is substantially similar to the chemical structure of specified controlled substances; and b) 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 specified controlled substances. 5)Specifies that the term "controlled substance analog" does not mean "any substance for which there is an approved new drug application as specified under the federal Food, Drug, and Cosmetic Act or which is generally recognized as safe and effective as specified by the federal Food, Drug, and Cosmetic Act." 6)Lists controlled substances in five "schedules" - intended to list drugs in decreasing order of harm and increasing medical utility or safety - and provides penalties for possession of and commerce in controlled substances. 7)Requires non-violent drug possession offenders to be offered drug treatment on probation, which shall not include incarceration as a condition of probation, in the form of, Proposition 36 (November 2000 election), the Substance Abuse and Crime Prevention Act of 2000 (SACPA). 8)Provides that non-violent drug possession offenses include: a) Unlawful use, possession for personal use, or SB 1036 Page 4 transportation for personal use of a controlled substance; and, b) Being under the influence of a controlled substance. FISCAL EFFECT: According to the Assembly Committee on Appropriations, the fiscal effect of this bill is "[u]nknown increased local nonreimbursable costs for incarceration, which will be offset to a degree by fine revenue." COMMENTS: According to the author, "In 2011, Governor Jerry Brown signed into law SB 420 (Hernandez), [Chapter 420] banning the sale of a specific formulation of synthetic cannabis, or 'spice.' Subsequently, spice manufacturers began making slightly different variations, thus staying one step ahead of the law. This presents a uniquely difficult situation for lawmakers, given the deliberate pace with which any new legislation moves, making it impossible to quickly outlaw new substances as they come on the market. SB 1036 will allow for the banning of even slight variations in synthetic marijuana, provided that the chemical makeup and intoxicating effects are similar to the already-banned formulation. "According to the National Conference on State Legislatures (NCSL) which tracks legislation, analogue laws are: '?to ban drugs that are not classified as a controlled substance but are very similar to ones that have been identified and outlawed. Generally, these laws require that the analogue drug be substantially similar in chemical structure and intoxicating (pharmacological) effects as a scheduled controlled substance. According to the National Alliance for Model State Drug Laws, 34 states have analogue laws, and a number of states have amended their analogue laws to specifically address emerging synthetic substances.' "While outlawing certain families of substances can be helpful, SB 1036 Page 5 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." Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0003592