Bill Text: CA SB1367 | 2015-2016 | Regular Session | Amended

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Bill Title: Harmful substances: local regulation.

Spectrum: Bipartisan Bill

Status: (Failed) 2016-11-30 - From Assembly without further action. [SB1367 Detail]

Download: California-2015-SB1367-Amended.html

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BILL NUMBER: SB 1367	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 18, 2016
	AMENDED IN SENATE  APRIL 20, 2016

INTRODUCED BY   Senators Runner and Galgiani

                        FEBRUARY 19, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1367, as amended, Runner. 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  substances that pose
  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   drug, and there is
substantial evidence that  the substance can cause intoxication,
disability, or death if  swallowed,   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.
State-mandated 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  substances that
pose   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  find,
  finds,  after notice and a public hearing, that
each of the following conditions are true:
   (1) The substance is  labeled   packaged or
labeled as a product to be used  for purposes other than human
 consumption.   consumption, ingestion,
inhalation, or dermal application.  
   (2) The substance is sold under a product name or label that is
clearly identifiable. 
   (2) 
    (3)  The sale of the substance is not  already
 regulated by the state or federal government as toxic to
 humans.   humans and it is not  
unlawful for any person, firm, or corporation to sell the substance
to a person under 18 years of age.  
   (3) The substance can cause intoxication, disability, or death if
it is swallowed, smoked, inhaled, or injected into the human body.
 
   (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.  
   (4) 
    (5)  There is substantial evidence that the substance
has in fact been advertised, purchased,  sold,  or consumed
as a recreational drug. 
   (5) 
    (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. 
   (6) 
    (7)  Regulating the sale of the substance would mitigate
the risk to minors  living  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  identified substances  
substance, identified by a product name or label,  following the
adoption of an  ordinance which   ordinance.
The ordinance  may, no less than 30 days after actual notice,
require vendors to comply with any of the following conditions:
   (1) Maintain all records of purchase of the  substance.
  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) Prohibit the sale of the  identified substances
  substance identified in the ordinance by a product
name or label  to minors.
   (7) Any other regulation allowable pursuant to Section 7 of
Article XI of the California Constitution.