AB 57

Current law prohibits the manufacture, distribution, delivery, or possession of

substances included in the schedule of controlled substances. Current law

categorizes substances into five schedules, depending on the nature of the substance.

Schedule I substances are those that have a high potential for abuse, have no

currently accepted medical use, and are not accepted as safe for use in treatment

under medical supervision.

This bill identifies several nonnarcotic, hallucinogenic substances that are

commonly known as "synthetic cannabinoids" and classifies those substances as

Schedule I controlled substances. The bill also identifies two stimulant substances

and classifies those as Schedule I controlled substances.

Under the bill, a person who possesses a synthetic cannabinoid may, for a first

offense, be fined up to $1,000, imprisoned for up to six months, or both. For a second

or subsequent offense, the person is guilty of a Class I felony and may be fined up to

$10,000, imprisoned for up to three years and six months, or both. A person who

manufactures, distributes, or delivers a synthetic cannabinoid, or who possesses a

synthetic cannabinoid with the intent to manufacture, distribute, or deliver it, is

guilty of a Class H felony and subject to a fine up to $10,000, imprisonment for up

to six years, or both. The bill also enables a town, city, village, or county to pass an

ordinance that provides a forfeiture for a first violation of possession of a synthetic

cannabinoid.

Under the bill, a person who possesses either of the stimulant substances may,

for a first offense, be fined up to $5,000, imprisoned for up to one year, or both. For

a second or subsequent offense, the person is guilty of a Class I felony and may be

fined up to $10,000, imprisoned for up to three years and six months, or both. A

person who manufactures, distributes, or delivers either of the stimulant

substances, or who possesses either of the stimulant substances with the intent to

manufacture, distribute, or deliver it, is guilty of a felony, the classification of which

depends on the amount of the controlled substance involved in the offense.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.