Synthetic Drug Regulations in California

What are synthetic drugs, and how do they differ from traditional drugs in California?

Synthetic drugs, also known as designer drugs, are chemically-engineered substances that mimic the effects of traditional drugs. They are typically created by altering the molecular structure of existing drugs in order to bypass laws that regulate their production and sale. Synthetic drugs can range from synthetic cannabinoids (also known as “synthetic marijuana”) to stimulants such as crystal meth.

The main difference between synthetic drugs and traditional drugs is in their chemical composition. Traditional drugs are usually derived from natural sources, while synthetic drugs are created in a laboratory setting and do not necessarily originate from a natural source. Synthetic drugs often have more unpredictable effects than traditional drugs, and they can be more powerful and dangerous than their natural counterparts. In California, synthetic drugs are highly regulated and their possession, distribution, and use can be heavily penalized.

Are synthetic cannabinoids (e.g., spice or K2) legal in California?

No, synthetic cannabinoids are not legal in California. In 2011, the state passed a law banning all synthetic cannabinoids, including Spice and K2. Possession of these substances in the state can result in criminal penalties.

How does [State] classify synthetic drugs and their chemical compounds in California?

In California, synthetic drugs are classified as Schedule I controlled substances, meaning they have a high potential for abuse and no accepted medical use. Synthetic drugs and their chemical compounds are also prohibited under state law.

What penalties exist for the possession, sale, or distribution of synthetic drugs in California?

Penalties for the possession, sale, or distribution of synthetic drugs in California vary depending on the type and amount of drug involved. Generally, possession of a synthetic drug can lead to misdemeanor or felony charges that carry fines and/or jail sentences. Selling or distributing synthetic drugs can result in felony charges with more serious penalties including prison sentences and hefty fines. In some cases, the person convicted may also face asset forfeiture or be required to pay restitution to any victims who suffered losses related to the drug crime.

Are there age restrictions for purchasing synthetic drugs in California?

Yes, it is illegal to sell synthetic drugs to anyone under the age of 21 in California.

How does [State] regulate the labeling and packaging of synthetic drugs in California?

The California Department of Justice (CADOJ) regulates labeling and packaging of synthetic drugs, also known as “designer drugs”. Under its Controlled Substances Act, CADOJ prohibits the possession, sale, distribution, manufacture, or advertising of any chemical substance or drug analog that has not been approved by the FDA for therapeutic use. It also prohibits the use of false or misleading language on labels or packaging of synthetic drugs to suggest that the drug is something other than what it is. Labeling and packaging must be approved by the CADOJ before any synthetic drug can be sold or otherwise distributed in California.

Is drug testing for synthetic cannabinoids included in workplace drug testing policies in California?

It depends on the specific workplace drug testing policy. In California, many employers do include synthetic cannabinoids in their drug testing policies, however, it is not required by law.

Are there specific laws against the sale of synthetic drugs to minors in California?

Yes, there are specific laws in California against selling synthetic drugs to minors. California Health and Safety Code Section 11375.5 prohibits the sale, delivery, or distribution of synthetic cannabinoids to individuals under the age of 18 years old. Additionally, California Penal Code Section 308 makes it illegal to sell any type of controlled substance, including synthetic drugs, to a minor. This offense is punishable by up to three years in state prison and fines up to $10,000.

Can law enforcement seize and destroy synthetic drugs found in stores or homes in California?

Yes, law enforcement can seize and destroy synthetic drugs found in stores or homes in California. California law criminalizes the possession, manufacture, sale, offering for sale, and furnishing of certain synthetic drugs, such as bath salts and synthetic marijuana. Possession of more than a specified amount of the prohibited drugs is punishable by up to one year in county jail and a fine of up to $1,000. Manufacturing or selling the prohibited drugs is punishable by imprisonment for three, five, or seven years in state prison and a fine of up to $50,000. In addition to criminal penalties, property used to manufacture or sell the prohibited drugs may be seized and destroyed by law enforcement.

What is [State]’s stance on the analog act and its application to synthetic drugs in California?

California has taken a strong stance against the analog act and its application to synthetic drugs. The California Department of Public Health issued a statement in December 2019 calling for changes to the way the analog act is applied to synthetic drugs, noting that it often results in the criminalization of people who are using or selling these substances. The statement also highlighted the need for more comprehensive education and prevention efforts related to synthetic drugs in California.

Are there any exemptions or exceptions for medical or research use of synthetic cannabinoids in California?

There are exceptions for medical use and research use of synthetic cannabinoids in California. Under California’s Proposition 215, people can possess and use cannabis for medical purposes with a doctor’s recommendation. There is also an exception in California’s Health and Safety Code for cannabis used for research purposes.

How does [State] enforce its synthetic drug regulations in California?

In California, synthetic drug regulations are enforced by the California Department of Justice Bureau of Narcotic Enforcement (BNE). BNE investigates and prosecutes violations of California’s Controlled Substance Act, including the possession, manufacture, distribution, and trafficking of synthetic drugs. The California Department of Public Health also works in partnership with law enforcement to investigate and take enforcement actions against businesses that are selling synthetic drugs in violation of state regulations. These enforcement actions may include injunctions, civil penalties, and criminal prosecutions.

What resources are available for individuals seeking treatment or support for synthetic drug addiction in California?

1. California Substance Abuse and Mental Health Services Administration (SAMHSA): SAMHSA provides information about treatment options, resources, and referrals for synthetic drug addiction in California, such as the Substance Abuse Treatment Facility Locator or the Substance Abuse and Mental Health Services Treatment Referral Helpline.

2. California Department of Health Care Services: The Department of Health Care Services offers a variety of services and resources for individuals seeking help with synthetic drug addiction in California, including treatment programs and prevention programs.

3. California Office of Problem Gambling: The Office of Problem Gambling provides a variety of services and resources for individuals seeking help with problem gambling, including support groups, treatment options, and crisis counseling.

4. California Coalition for Compassionate Care: The Coalition for Compassionate Care provides support for individuals suffering from illnesses, including addiction. They offer education and resources to families, as well as assistance in finding treatment programs and support groups in California.

5. 12-step programs: 12-step programs provide peer support for individuals dealing with synthetic drug addiction in California. Programs such as Narcotics Anonymous and Alcoholics Anonymous offer meetings, sponsorships, and recovery guidance to help individuals maintain sobriety.

Can I report the sale or use of synthetic drugs anonymously to law enforcement in California?

Yes, you can report the sale or use of synthetic drugs anonymously to law enforcement in California. In California, you can report anonymously by contacting your local police department or the California Bureau of Narcotic Enforcement (BNE). You may also call the California Department of Justice’s toll-free anonymous tip line at 877.642.3463.

Are there educational programs or campaigns to raise awareness about the dangers of synthetic drugs in California?

Yes, there are several educational programs and campaigns to raise awareness about the dangers of synthetic drugs in California. These include: The Substance Abuse and Mental Health Services Administration’s (SAMHSA) Synthetic Drug Campaign, the California Department of Public Health’s “Stop the Madness” Campaign, and the Drug Enforcement Administration’s (DEA) “Dose of Reality” Campaign. Additionally, many local and county governments across the state are also offering educational programs designed to increase awareness about the dangers of synthetic drugs.

What is [State]’s response to emerging synthetic drug compounds and analogs in California?

The California Department of Justice (DOJ) is working to proactively address the emergence of synthetic drugs and analogs. The California DOJ currently monitors over 200 emerging synthetic substances, so that law enforcement can respond quickly when new and dangerous substances are identified. The DOJ has increased its ability to detect and identify these substances through its Laboratory System and the support of its partner labs. Additionally, the California Legislature has taken steps to combat synthetic drug use by enacting statutes that criminalize the trafficking, sale, and possession of synthetic drugs. The California Highway Patrol also continues to increase its efforts in identifying and apprehending individuals who possess or distribute synthetic drugs.

Do pharmacies or healthcare facilities stock naloxone to counteract synthetic opioid overdoses in California?

Yes, pharmacies and healthcare facilities in California are permitted to stock and dispense naloxone to counteract synthetic opioid overdoses. California law allows prescription and non-prescription naloxone to be distributed by pharmacists, in accordance with a standing order issued by the California Department of Public Health. Additionally, beginning January 1, 2019, a new law went into effect that allows California pharmacists to dispense naloxone without a standing order issued by the California Department of Public Health as long as the pharmacist has completed a training course approved by the board of pharmacy.

How does [State] coordinate its efforts to combat synthetic drug issues with federal agencies in California?

The coordination of state and federal agencies in California to combat synthetic drug issues is managed by the California State Bureau of Narcotics Enforcement (BNE). BNE works closely with all federal agencies, including, but not limited to, the Drug Enforcement Administration (DEA), FBI, US Marshals Service, Customs and Border Protection (CBP), Homeland Security Investigations (HSI), and US Attorneys’ offices. In addition, BNE works closely with the Center for Substance Abuse Prevention (CSAP), the Office of National Drug Control Policy (ONDCP) and other state and local law enforcement agencies. BNE also works with the California Department of Public Health (CDPH) to ensure the proper regulation of controlled substances in California. BNE coordinates interagency efforts for investigations, training, public education and outreach, and policy initiatives.

Are there any recent legislative changes or updates to synthetic drug regulations in California?

Yes, in 2019, California passed new legislation, with the support of state and local law enforcement agencies, to further restrict the sale and possession of synthetic drugs. Specifically, the California Assembly Bill (AB) 391 added certain chemicals to the list of controlled substances prohibited from manufacture, distribution, and possession in California, according to the California Department of Justice. Additionally, the California Senate Bill (SB) 59 expanded penalties for manufacturing and selling synthetic drugs. Violations of AB 391 and SB 59 are punishable by imprisonment in the county jail for up to a year and a fine of up to $20,000.

Where can I find resources and information about synthetic drug regulations and safety in California?

The California Department of Public Health, Office of Public Affairs website provides information on synthetic drug regulations and safety in California. This information includes a list of banned substances, enforcement and compliance information, resources for law enforcement and healthcare providers, and resources for the public. You can also find information on the Synthetic Drug Education Program website run by the California Department of Public Health. This website provides resources such as fact sheets, posters, and videos on synthetic drug regulations and safety. Additionally, you can contact the California Poison Control System for questions about medical emergencies related to synthetic drugs in California.