AB 406

Under current law, controlled substances are classified in one of five separate

schedules. The classification is based on: 1) whether there is a currently accepted

medical use for the drug; 2) the drug's potential for being abused; and 3) the nature

of the psychological or physical dependence that the drug use may produce.

Schedule I controlled substances are those that have a high potential for abuse

and no currently accepted medical use. Schedule V controlled substances are those

that have an accepted medical use and that have a lower potential for abuse and

produce less dependence when compared with other controlled substances.

Penalties for crimes relating to Schedule I controlled substances are generally the

most severe, and for Schedule V controlled substances are generally the least severe.

Under current law, eight synthetic cannabinoids and two stimulant substances

commonly known as "bath salts" are classified as Schedule I controlled substances.

Current law also penalizes the possession, manufacture, delivery, or distribution of

the analogs of these substances. Current law defines a controlled substance analog

as a substance that has a chemical structure substantially similar to the chemical

structure of a controlled substance in Schedule I or II, and that has a similar effect

on the user of the substance as the controlled substance.

Current law also penalizes the manufacture, distribution, or delivery of

Salvinorin A, a psychotropic ingredient in the plant

Salvia divinorum,

but does not

classify that substance as a controlled substance.

Under this bill, the concept of an analog of a synthetic cannabinoid or of a bath

salt stimulant is replaced with a description of the chemical structure of the

prohibited or restricted substance. The bill controls synthetic cannabinoids, certain

other designer drugs, and certain substances known as bath salts as part of distinct

structural classes. Under the bill, any substance, listed or not, that conforms to the

structural definition is controlled by the particular structural class. The bill adds

several new hallucinogenic and stimulant substances to Schedule I, and includes

Salvinorin A in the list of Schedule I controlled substances.

The bill also adds several new Schedule II, III, IV, and V controlled substances

by including in those schedules a description of the chemical structure of those

substances.

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.