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SB-139 Harmful substances: local regulation.(2017-2018)

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Date Published: 01/13/2017 08:55 PM
SB139:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 139

Introduced by Senator Wilk
(Principal coauthor: Senator Galgiani)
(Coauthor: Assembly Member Lackey)

January 13, 2017

An act to add Section 11364.6 to the Health and Safety Code, relating to harmful substances.


LEGISLATIVE COUNSEL'S DIGEST


SB 139, as introduced, Wilk. Harmful substances: local regulation.
Existing law prohibits the operation of a place of business in which drug paraphernalia is kept, displayed, or sold unless the drug paraphernalia is completely kept within a separate room or enclosure to which persons under 18 years of age are excluded. Existing law prohibits the sale of synthetic cannabinoid compounds, as specified.
This bill would allow a city, county, or city and county, to regulate, by ordinance, the sale of a substance used as a recreational drug that poses a threat to human life or health and a particular risk to minors if specified conditions are met, including the fact that the substance is sold under a product name or label that is clearly identifiable, there is substantial evidence that the substance has been advertised, purchased, sold, or consumed as a recreational drug, and there is substantial evidence that the substance can cause intoxication, disability, or death if ingested smoked, inhaled, or injected into the body. The bill would allow the city council or board of supervisors to require vendors to maintain records of sale, make inventory available for inspection by a peace officer, and store the substance in a secure place that cannot be accessed by minors. The bill would allow the city, county, or city and county, to prohibit the sale of the substance to minors and require the payment of a penalty for noncompliance with the ordinance, not to exceed $250.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11364.6 is added to the Health and Safety Code, to read:

11364.6.
 (a) A city, county, or city and county, may regulate, pursuant to subdivision (b), the sale of a substance used as a recreational drug that poses a threat to human life or health and a particular risk to minors if the city council or board of supervisors finds, after notice and a public hearing, that each of the following conditions are true:
(1) The substance is packaged or labeled as a product to be used for purposes other than human consumption, ingestion, inhalation, or dermal application.
(2) The substance is sold under a product name or label that is clearly identifiable.
(3) The sale of the substance is not regulated by the state or federal government as toxic to humans and it is not unlawful to sell the substance to a person under 18 years of age.
(4) There is substantial evidence that the substance can cause intoxication, disability, or death if it is ingested, smoked, inhaled, or injected into the human body.
(5) There is substantial evidence that the substance has in fact been advertised, purchased, sold, or consumed as a recreational drug.
(6) The unregulated sale of the substance creates a continuing and particular risk to the health and safety of children and young adults in the community.
(7) Regulating the sale of the substance would mitigate the risk to minors in the community.
(b) Upon finding that all of the conditions of subdivision (a) have been met, the city council or board of supervisors may regulate the sale of the substance, identified by a product name or label, following the adoption of an ordinance. The ordinance may, no less than 30 days after actual notice, prohibit the sale of the identified substance to minors and require vendors to comply with any of the following conditions:
(1) Maintain all records of purchase of the substance identified in the ordinance by a product name or label.
(2) Make inventory of the substance identified in the ordinance by a product name or label available for inspection upon request of a peace officer.
(3) Store the substance in a secure place that cannot be accessed by minors.
(4) Maintain a registry of sale to ensure that the substance is not sold to any person under 18 years of age.
(5) Require payment of a penalty for noncompliance with the ordinance enacted pursuant to this subdivision, not to exceed two hundred fifty dollars ($250) per violation.
(6) Any other regulation allowable pursuant to Section 7 of Article XI of the California Constitution.