BILL NUMBER: SB 253 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Lara Hueso
FEBRUARY 13, 2013
An act to amend Section 11552 48900 of the
Education Code, and to amend Sections 11357.5 and 11375.5 of
the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 253, as amended, Lara Hueso .
Controlled substances: testing addiction.
Controlled substances: synthetic cannabinoids and synthetic
stimulants.
Existing law provides 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 6 months, or by a fine
not exceeding $1,000, or by both that fine and imprisonment. Existing
law defines a synthetic cannabinoid compound for purposes of this
provision.
Existing law also provides that every person who sells, dispenses,
distributes, furnishes, administers, or gives, or offers to sell,
dispense, distribute, furnish, administer, or give, any synthetic
stimulant compound, as specified, or any synthetic stimulant
derivative, to any person, or who possesses that compound or
derivative for sale, is guilty of a misdemeanor punishable by
imprisonment in a county jail not exceeding 6 months, or by a fine
not exceeding $1,000, or by both that fine and imprisonment.
This bill would provide that, except as otherwise authorized by
law, every person who possesses, under circumstances that do not
include possession for sale as proscribed pursuant to existing law,
28.5 grams or less of any synthetic cannabinoid is guilty of an
infraction punishable by a fine of not more than $100. The bill would
provide that, except as otherwise authorized by law, every person
who possesses, under circumstances that do not include possession for
sale as proscribed pursuant to existing law, 28.5 grams or less of
any synthetic stimulant compound, as specified, or any synthetic
stimulant derivative, shall be punished by imprisonment in a county
jail for a period of not more than one month, or by a fine not
exceeding $500, or by both that fine and imprisonment. In addition,
the bill would also provide that, except as otherwise authorized by
law, every person who possesses, under circumstances that do not
include possession for sale as proscribed pursuant to existing law,
more than 28.5 grams of any synthetic cannabinoid, any synthetic
stimulant compound, as specified, or any synthetic stimulant
derivative, shall be punished by imprisonment in a county jail for a
period of not more than 6 months, or by a fine not exceeding $1,000,
or by both that fine and imprisonment. The bill would provide that a
synthetic cannabinoid or synthetic stimulant may be obtained and used
for bona fide research, instruction, or analysis if that possession
and use does not violate federal law.
The bill would also expand the definition of synthetic
cannabinoids for purposes of the prohibitions described above to mean
synthetic cannabinoid agonists that include, among other compounds,
naphthoylindoles, naphthylmethylindoles, naphthoylpyrroles,
naphthylmethylindenes, phenylacetylindoles, cyclohexylphenols,
benzoylindoles, and adamantoylindoles.
Because the bill would create new crimes, the bill would impose a
state-mandated local program.
Existing law authorizes the suspension or expulsion of a pupil
from school if the superintendent or the principal of the school
determines that the pupil has unlawfully possessed, used, sold, or
furnished, or offered, arranged, or negotiated to sell, or was under
the influence of a controlled substance, an alcoholic beverage, or an
intoxicant of any kind.
This bill would expand those provisions to include synthetic
cannabinoid compounds and synthetic stimulant compounds.
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.
Existing law provides that in any case in which a person has been
arrested for a criminal offense and is suspected of being addicted to
a controlled substance, a law enforcement officer having custody of
that person may, with the written consent of that person, request the
city or county health officer, or physician appointed by the health
officer, to administer to the arrested person a test to determine, by
whatever means is available whether the arrested person is addicted
to a controlled substance, and the health officer or physician may
administer the test to the such arrested person.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48900 of the
Education Code is amended to read:
48900. A pupil shall not be suspended from school or recommended
for expulsion, unless the superintendent of the school district or
the principal of the school in which the pupil is enrolled determines
that the pupil has committed an act as defined pursuant to any of
subdivisions (a) to (r), inclusive:
(a) (1) Caused, attempted to cause, or threatened to cause
physical injury to another person.
(2) Willfully used force or violence upon the person of another,
except in self-defense.
(b) Possessed, sold, or otherwise furnished a firearm, knife,
explosive, or other dangerous object, unless, in the case of
possession of an object of this type, the pupil had obtained written
permission to possess the item from a certificated school employee,
which is concurred in by the principal or the designee of the
principal.
(c) Unlawfully possessed, used, sold, or otherwise furnished, or
been under the influence of, a controlled substance listed in Chapter
2 (commencing with Section 11053) of Division 10 of the Health and
Safety Code, a synthetic cannabinoid compound or a synthetic
stimulant compound, as those terms are defined in Sections 11357.5
and 11375.5 of the Health and Safety Code, an alcoholic
beverage, or an intoxicant of any kind.
(d) Unlawfully offered, arranged, or negotiated to sell a
controlled substance listed in Chapter 2 (commencing with Section
11053) of Division 10 of the Health and Safety Code, a synthetic
cannabinoid compound or a synthetic stimulant compound, as those
terms are defined in Sections 11357.5 and 11375.5 of the Health and
Safety Code, an alcoholic beverage, or an intoxicant of any
kind, and either sold, delivered, or otherwise furnished to a person
another liquid, substance, or material and represented the liquid,
substance, or material as a controlled substance, alcoholic beverage,
or intoxicant.
(e) Committed or attempted to commit robbery or extortion.
(f) Caused or attempted to cause damage to school property or
private property.
(g) Stole Stolen or attempted to
steal school property or private property.
(h) Possessed or used tobacco, or products containing tobacco or
nicotine products, including, but not limited to, cigarettes, cigars,
miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
packets, and betel. However, this section does not prohibit use or
possession by a pupil of his or her own prescription products.
(i) Committed an obscene act or engaged in habitual profanity or
vulgarity.
(j) Unlawfully possessed or unlawfully offered, arranged, or
negotiated to sell drug paraphernalia, as defined in Section 11014.5
of the Health and Safety Code.
(k) Disrupted school activities or otherwise willfully defied the
valid authority of supervisors, teachers, administrators, school
officials, or other school personnel engaged in the performance of
their duties.
( l ) Knowingly received stolen school property or
private property.
(m) Possessed an imitation firearm. As used in this section,
"imitation firearm" means a replica of a firearm that is so
substantially similar in physical properties to an existing firearm
as to lead a reasonable person to conclude that the replica is a
firearm.
(n) Committed or attempted to commit a sexual assault as defined
in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or
committed a sexual battery as defined in Section 243.4 of the Penal
Code.
(o) Harassed, threatened, or intimidated a pupil who is a
complaining witness or a witness in a school disciplinary proceeding
for purposes the purpose of either
preventing that pupil from being a witness or retaliating against
that pupil for being a witness, or both.
(p) Unlawfully offered, arranged to sell, negotiated to sell, or
sold the prescription drug Soma.
(q) Engaged in, or attempted to engage in, hazing. For purposes of
this subdivision, "hazing" means a method of initiation or
preinitiation into a pupil organization or body, whether or not the
organization or body is officially recognized by an educational
institution, which is likely to cause serious bodily injury or
personal degradation or disgrace resulting in physical or mental harm
to a former, current, or prospective pupil. For purposes of this
subdivision, "hazing" does not include athletic events or
school-sanctioned events.
(r) Engaged in an act of bullying. For purposes of this
subdivision, the following terms have the following meanings:
(1) "Bullying" means any severe or pervasive physical or verbal
act or conduct, including communications made in writing or by means
of an electronic act, and including one or more acts committed by a
pupil or group of pupils as defined in Section 48900.2, 48900.3, or
48900.4, directed toward one or more pupils that has or can be
reasonably predicted to have the effect of one or more of the
following:
(A) Placing a reasonable pupil or pupils in fear of harm to that
pupil's or those pupils' person or property.
(B) Causing a reasonable pupil to experience a substantially
detrimental effect on his or her physical or mental health.
(C) Causing a reasonable pupil to experience substantial
interference with his or her academic performance.
(D) Causing a reasonable pupil to experience substantial
interference with his or her ability to participate in or benefit
from the services, activities, or privileges provided by a school.
(2) (A) "Electronic act" means the transmission, by means of an
electronic device, including, but not limited to, a telephone,
wireless telephone, or other wireless communication device, computer,
or pager, of a communication, including, but not limited to, any of
the following:
(i) A message, text, sound, or image.
(ii) A post on a social network Internet Web site including, but
not limited to:
(I) Posting to or creating a burn page. "Burn page" means an
Internet Web site created for the purpose of having one or more of
the effects listed in paragraph (1).
(II) Creating a credible impersonation of another actual pupil for
the purpose of having one or more of the effects listed in paragraph
(1). "Credible impersonation" means to knowingly and without consent
impersonate a pupil for the purpose of bullying the pupil and such
that another pupil would reasonably believe, or has reasonably
believed, that the pupil was or is the pupil who was impersonated.
(III) Creating a false profile for the purpose of having one or
more of the effects listed in paragraph (1). "False profile" means a
profile of a fictitious pupil or a profile using the likeness or
attributes of an actual pupil other than the pupil who created the
false profile.
(B) Notwithstanding paragraph (1) and subparagraph (A), an
electronic act shall not constitute pervasive conduct solely on the
basis that it has been transmitted on the Internet or is currently
posted on the Internet.
(3) "Reasonable pupil" means a pupil, including, but not limited
to, an exceptional needs pupil, who exercises average care, skill,
and judgment in conduct for a person of his or her age, or for a
person of his or her age with his or her exceptional needs.
(s) A pupil shall not be suspended or expelled for any of the acts
enumerated in this section unless the act is related to a school
activity or school attendance occurring within a school under the
jurisdiction of the superintendent of the school district or
principal or occurring within any other school district. A pupil may
be suspended or expelled for acts that are enumerated in this section
and related to a school activity or school attendance that occur at
any time, including, but not limited to, any of the following:
(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school-sponsored
activity.
(t) A pupil who aids or abets, as defined in Section 31 of the
Penal Code, the infliction or attempted infliction of physical injury
to another person may be subject to suspension, but not expulsion,
pursuant to this section, except that a pupil who has been adjudged
by a juvenile court to have committed, as an aider and abettor, a
crime of physical violence in which the victim suffered great bodily
injury or serious bodily injury shall be subject to discipline
pursuant to subdivision (a).
(u) As used in this section, "school property" includes, but is
not limited to, electronic files and databases.
(v) For a pupil subject to discipline under this section, a
superintendent of the school district or principal may use his or her
discretion to provide alternatives to suspension or expulsion that
are age appropriate and designed to address and correct the pupil's
specific misbehavior as specified in Section 48900.5.
(w) It is the intent of the Legislature that alternatives to
suspension or expulsion be imposed against a pupil who is truant,
tardy, or otherwise absent from school activities.
SEC. 2. Section 11357.5 of the Health
and Safety Code is amended to read:
11357.5. (a) Every Except as o
therwise authorized by law, 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 one thousand dollars ($1,000), or by both that fine and
imprisonment.
(b) As used in this section, the term "synthetic cannabinoid
compound" refers to synthetic cannabinoid agonists, including,
but not limited to, any of the following substances:
(1) 1-pentyl-3-(1-naphthoyl)indole (JWH-018).
(2) 1-butyl-3-(1-naphthoyl)indole (JWH-073).
(3) 1- 2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole
(JWH-200).
(4) 5-(1,1-dimethylheptyl)-2-(1R,3S)-3-hydroxycyclohexyl]-phenol
(CP-47,497).
(5) 5-(1,1-dimethyloctyl)-2-(1R,3S)-3-hydroxycyclohexyl]-phenol
(cannabicyclohexanol; CP-47,497 CP-47, 497
C8 homologue).
(6) Synthetic equivalents of the psychoactive substances contained
in marijuana, or concentrated cannabis, as defined in Sections 11018
and 11006.5, respectively, and synthetic substances, derivatives,
and their isomers with similar chemical structure and pharmacological
activity, such as the following: delta 1 cis- or
trans-tetrahydrocannabinol, and their optical isomers; delta 6 cis-
or trans-tetrahydrocannabinol, and their optical isomers; and delta
3, 4 cis- or trans-tetrahydrocannabinol, and their optical isomers.
(7) Naphthoylindoles: any compound containing a 3-
(1-naphthoyl)indole structure with substitution at the nitrogen atom
of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-
(4-morpholinyl)ethyl group, whether or not further substituted in the
indole ring to any extent and whether or not substituted in the
naphthyl ring to any extent.
(8) Naphthylmethylindoles: any compound containing a
1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group, whether or not further substituted
in the indole ring to any extent and whether or not substituted in
the naphthyl ring to any extent.
(9) Naphthoylpyrroles: any compound containing a 3-
(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom
of the pyrrole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-t-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group, whether or not further substituted
in the indene ring to any extent and whether or not substituted in
the naphthyl ring to any extent.
(10) Naphthylmethylindenes: any compound containing a
naphthylideneindene structure with substitution at the 3-position of
the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-
(4-morpholinyl)ethyl group, whether or not further substituted in the
indene ring to any extent and whether or not substituted in the
naphthyl ring to any extent.
(11) Phenylacetylindoles: any compound containing a
3-phenylacetylindole structure with substitution at the nitrogen atom
of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group, whether or not further substituted
in the indole ring to any extent and whether or not substituted in
the phenyl ring to any extent.
(12) Cyclohexylphenols: any compound containing a 2-
(3-hydroxycyclohexyl)phenol structure with substitution at the
5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group, whether or not substituted in the
cyclohexyl ring to any extent.
(13) Benzoylindoles: any compound containing a 3-(benzoyl)indole
structure with substitution at the nitrogen atom of the indole ring
by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted in the indole ring to any extent
and whether or not substituted in the phenyl ring to any extent.
(14) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo
1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone.
(15) 9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7,
10, 10a-tetrahydrobenzoc]chromen-1-ol.
(16) Adamantoylindoles: any compound containing a 3-
(1-adamantoyl)indole structure with substitution at the nitrogen atom
of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morphonyl)ethyl group, whether or not further substituted in
the indole ring to any extent and whether or not substituted in the
adamantyl ring system to any extent.
(c) Except as otherwise authorized by law, every person who
possesses, under circumstances that do not include possession for
sale as described in subdivision (a), 28.5 grams or less of any
synthetic cannabinoid is guilty of an infraction punishable by a fine
of not more than one hundred dollars ($100).
(d) Except as otherwise authorized by law, every person who
possesses, under circumstances that do not include possession for
sale as described in subdivision (a), more than 28.5 grams of any
synthetic cannabinoid shall be punished by imprisonment in a county
jail for a period of not more than six months, or by a fine not
exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.
(e) The substances identified in subdivision (b) may be lawfully
obtained and used for bona fide research, instruction, or analysis if
that possession and use does not violate federal law.
SEC. 3. Section 11375.5 of the Health
and Safety Code is amended to read:
11375.5. (a) Every Except as otherwise
authorized by law, every person who sells, dispenses,
distributes, furnishes, administers, or gives, or offers to sell,
dispense, distribute, furnish, administer, or give, any synthetic
stimulant compound specified in subdivision (b), or any synthetic
stimulant derivative, to any person, or who possesses that compound
or derivative for sale, is guilty of a misdemeanor punishable by
imprisonment in a county jail not exceeding six months, or by a fine
not exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.
(b) Unless specifically excepted, or contained within a
pharmaceutical product approved by the United States Food and Drug
Administration, or unless listed in another schedule, subdivision (a)
applies to any material, compound, mixture, or preparation which
contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its salts, isomers,
esters, or ethers, and salts of isomers, esters, or ethers whenever
the existence of such salts, isomers, esters, or ethers, and salts of
isomers, esters, or ethers is possible within any of the following
specific chemical designations:
(1) Naphthylpyrovalerone whether or not further substituted in the
naphthyl ring to any extent with alkyl, alkoxy, alkylenedioxy,
haloalkyl, or halide substituents, whether or not further substituted
in the naphthyl ring by one or more other univalent substituents, or
whether or not further substituted in the carbon chain at the 3-,
4-, or 5-position with an alkyl substituent.
(2) 2-amino-1-phenyl-1-propanone (cathinone) or variation in any
of the following ways:
(A) By substitution in the phenyl ring to any extent with alkyl,
alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or
not further substituted in the phenyl ring by one or more other
univalent substituents.
(B) By substitution at the 3-position with an alkyl substituent.
(C) By substitution at the nitrogen atom with alkyl, dialkyl, or
benzyl groups, or by inclusion of the nitrogen atom in a cyclic
structure.
(c) This section shall not prohibit prosecution under any other
provision of law.
(c) Except as otherwise authorized by law, every person who
possesses, under circumstances that do not include possession for
sale as described in subdivision (a), 28.5 grams or less of any
synthetic stimulant compound specified in subdivision (b), or any
synthetic stimulant derivative, shall be punished by imprisonment in
a county jail for a period of not more than one month, or by a fine
of five hundred dollars ($500), or by both that fine and
imprisonment.
(d) Except as otherwise authorized by law, every person who
possesses, under circumstances that do not include possession for
sale as described in subdivision (a), more than 28.5 grams of any
synthetic stimulant compound specified in subdivision (b), or any
synthetic stimulant derivative, shall be punished by imprisonment in
a county jail for a period of not more than six months, or by a fine
not exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.
(e) This section shall not prohibit prosecution under any other
law.
(f) The substances identified in subdivision (b) may be lawfully
obtained and used for bona fide research, instruction, or analysis if
that possession and use does not violate federal law.
SEC. 4. 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.
SECTION 1. Section 11552 of the Health and
Safety Code is amended to read:
11552. In any case in which a person has been arrested for a
criminal offense and is suspected of being addicted to a controlled
substance, a law enforcement officer having custody of that person
may, with the written consent of that person, request the city or
county health officer, or physician appointed by the health officer
pursuant to Section 11551, to administer a test to the arrested
person to determine, by whatever means is available whether the
arrested person is addicted to a controlled substance, and the health
officer or physician may administer the test to the arrested person.