BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1036


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          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


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          |                |     |                      |                    |
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          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:









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             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  








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               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,  








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          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