The Legislature finds and declares that the laws of this state which prohibit the possession, possession for sale, offer for sale, sale, manufacturing, and transportation of controlled substances are being circumvented by the commission of those acts with respect to analogs of specified controlled substances which have, are represented to have, or are intended to have effects on the central nervous system which are substantially similar to, or greater than, the controlled substances classified in Sections 11054 and 11055 and the synthetic cannabinoid compounds defined in Section 11357.5, of which they are analogs. These analogs have been synthesized by so-called “street chemists” and imported into this state from other jurisdictions as precursors to, or substitutes for, controlled substances and synthetic cannabinoid compounds, due to the nonexistence
of applicable criminal penalties. These analogs present grave dangers to the health and safety of the people of this state. Therefore, it is the intent of the Legislature that a controlled substance or controlled substance analog, as defined in Section 11401, be considered identical, for purposes of the penalties and punishment specified in Chapter 6 (commencing with Section 11350), to the controlled substance in Section 11054 or 11055 or the synthetic cannabinoid compound defined in Section 11357.5 of which it is an analog.
Chapter 6.5Analogs
Section § 11400
This law addresses the issue of controlled substance analogs, which are chemicals similar to banned drugs but not specifically listed in state law. People are making and selling these analogs, which mimic or enhance the effects of illegal drugs, sometimes with serious risks to health and safety. The goal is to treat these analogs the same as illegal drugs in terms of penalties and punishments. Essentially, if a substance is chemically similar and just as dangerous as a banned drug, it faces the same legal consequences.
controlled substance analogs synthetic drugs central nervous system effects street chemists drug penalties legal consequences drug manufacturing drug trafficking drug safety public health substitute drugs illegal drug effects drug precursors criminal penalties synthetic cannabinoid
Section § 11401
This law says that controlled substance analogs are treated like illegal drugs in California if they closely resemble them in chemical structure or if they have similar effects on the brain. However, this doesn't include drugs that the federal government has approved as safe, drugs being legally tested for safety with permission, or substances not meant for human use until such testing exemptions are in effect.
(a)CA Health and Safety Code § 11401(a) A controlled substance analog shall, for the purposes of Chapter 6 (commencing with Section 11350), be treated the same as the controlled substance classified in Section 11054 or 11055 or the synthetic cannabinoid compound defined in Section 11357.5 of which it is an analog.
(b)CA Health and Safety Code § 11401(b) Except as provided in subdivision (c), the term “controlled substance analog” means either of the following:
(1)CA Health and Safety Code § 11401(b)(1) A substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance classified in Section 11054 or 11055 or a synthetic cannabinoid compound defined in Section 11357.5.
(2)CA Health and Safety Code § 11401(b)(2) A substance that has,
is represented as having, or is intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to, or greater than, the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance classified in Section 11054 or 11055 or a synthetic cannabinoid compound defined in Section 11357.5.
(c)CA Health and Safety Code § 11401(c) The term “controlled substance analog” does not mean any of the following:
(1)CA Health and Safety Code § 11401(c)(1) A substance for which there is an approved new drug application as defined under Section 505 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355) or that is generally recognized as safe and effective for use pursuant to Sections 501, 502, and 503 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 351, 352, and 353) and Section 330 and following of Title 21 of the Code of Federal Regulations.
(2)CA Health and Safety Code § 11401(c)(2) With respect to a particular person, a substance for which an exemption is in effect for investigational use for that person under Section 505 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355), to the extent that the conduct with respect to that substance is pursuant to the exemption.
(3)CA Health and Safety Code § 11401(c)(3) A substance, before an exemption as specified in paragraph (2) takes effect with respect to the substance, to the extent the substance is not intended for human consumption.
controlled substance analog chemical structure stimulant effect depressant effect hallucinogenic effect synthetic cannabinoid approved drug application investigational use exemption intended human consumption federal Food Drug and Cosmetic Act central nervous system controlled substances classification drug approval safe and effective recognition illegal drugs treatment
