California 2023-2024 Regular Session Status: Enacted

AB 2136 — Controlled substances: analyzing and testing.

Last action — Chaptered by Secretary of State - Chapter 701, Statutes of 2024.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 06, 2024. Enacted.

Signed by Governor Gavin Newsom (Democratic) on September 27, 2024.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the California Uniform Controlled Substances Act, categorizes controlled substances into 5 schedules and places the greatest restrictions on those substances contained in Schedule I. Existing law also defines drug paraphernalia and prohibits, among other things, the manufacture, sale, and possession, as specified, of drug paraphernalia. Existing law excludes from these prohibitions any testing equipment that is designed, marketed, used, or intended to be used to analyze a substance for the presence of fentanyl, ketamine, gamma hydroxybutyric acid, or any analog of fentanyl. This bill would additionally exclude from the definition of drug paraphernalia equipment, any equipment for testing a substance for the presence of contaminants, toxic substances, hazardous compounds, or other adulterants, as specified. The bill would exclude from the criminal liability of possessing drug paraphernalia those individuals obtaining controlled substance checking services and would state that it is lawful to use, possess, or distribute equipment intended for use or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of a controlled substance. The bill would authorize specified entities to provide controlled substance checking services and would define those services as the process of identifying or analyzing a substance to determine its chemical composition. The bill would provide a person engaged in providing or using those services immunity from detention, arrest, criminal prosecution, and civil liability, among other things. The bill would require a controlled substance service provider, as defined, to destroy personally identifiable information from service users and would prohibit them from providing that information to law enforcement, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 701, Statutes of 2024.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 59. Noes 5.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 10.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. Read third time and amended. Ordered to second reading.

  11. Read second time. Ordered to third reading.

  12. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (July 2).

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  16. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 18). Re-referred to Com. on JUD.

  17. Referred to Coms. on PUB S. and JUD.

  18. In Senate. Read first time. To Com. on RLS. for assignment.

  19. Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 5. Page 5554.)

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 10. Noes 3.) (May 8).

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 23). Re-referred to Com. on APPR.

  23. In committee: Set, first hearing. Hearing canceled at the request of author.

  24. Re-referred to Com. on PUB. S.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  26. Re-referred to Com. on PUB. S.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  28. Referred to Com. on PUB. S.

  29. From printer. May be heard in committee March 8.

  30. Read first time. To print.

Sponsors

  • Jones-Sawyer · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 15 voted No

Sponsors (1)

  • Jones-Sawyer

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 59 Yea · 5 Nay · 15 Other
Party YeaNayPresentNot Voting
Democratic 41006
Unaffiliated 15103
Republican 3406
Total 595015
% of votes cast 75%6%0%19%
How each member voted (79)
Member Party Vote
Holden — Yea
Mathis — Yea
Maienschein — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Wood — Yea
Low — Yea
Waldron — Yea
Santiago — Yea
Essayli — Nay
Rodriguez — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Not Voting
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Ortega, Liz Democratic Not Voting
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Not Voting
Dixon, Diane Republican Nay
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Hoover, Josh Republican Not Voting
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Not Voting
Wallis, Greg Republican Yea

Official roll call →

Passed 30 Yea · 10 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10100
Democratic 20200
Republican 0700
Total 301000
% of votes cast 75%25%0%0%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Wilk — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Nay
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Nay
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

Passed 9 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 1100
Republican 0100
Total 9200
% of votes cast 82%18%0%0%
How each member voted (11)
Member Party Vote
Roth — Yea
Wilk — Nay
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Niello, Roger W. Republican Nay

Official roll call →

Passed 46 Yea · 5 Nay · 29 Other
Party YeaNayPresentNot Voting
Democratic 340013
Republican 1309
Unaffiliated 11207
Total 465029
% of votes cast 58%6%0%36%
How each member voted (80)
Member Party Vote
Maienschein — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Wood — Yea
Low — Yea
Waldron — Yea
Santiago — Yea
Holden — Not Voting
Mathis — Not Voting
Rodriguez — Not Voting
Villapudua — Not Voting
Friedman — Not Voting
Essayli — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Not Voting
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Not Voting
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Not Voting
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Not Voting
Nguyen, Stephanie Democratic Not Voting
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Not Voting
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Not Voting
Valencia, Avelino Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Hoover, Josh Republican Not Voting
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Not Voting
Sanchez, Kate Republican Nay
Ta, Tri Republican Not Voting
Wallis, Greg Republican Not Voting

Official roll call →

Do pass.

Passed 10 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 7001
Unaffiliated 3100
Republican 0201
Total 10302
% of votes cast 67%20%0%13%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Friedman — Yea
Jim Patterson — Nay
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Not Voting

Official roll call →

Passed 7 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1001
Unaffiliated 2000
Democratic 4000
Total 7001
% of votes cast 88%0%0%13%
How each member voted (8)
Member Party Vote
Ting — Yea
McCarty — Yea
Nguyen, Stephanie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Lackey, Tom Republican Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does AB 2136 do?
Existing law, the California Uniform Controlled Substances Act, categorizes controlled substances into 5 schedules and places the greatest restrictions on those substances contained in Schedule I. Existing law also defines drug paraphernalia and prohibits, among other things, the manufacture, sale, and possession, as specified, of drug paraphernalia. Existing law excludes from these prohibitions any testing equipment that is designed, marketed, used, or intended to be used to analyze a substance for the presence of fentanyl, ketamine, gamma hydroxybutyric acid, or any analog of fentanyl. This bill would additionally exclude from the definition of drug paraphernalia equipment, any equipment for testing a substance for the presence of contaminants, toxic substances, hazardous compounds, or other adulterants, as specified. The bill would exclude from the criminal liability of possessing drug paraphernalia those individuals obtaining controlled substance checking services and would state that it is lawful to use, possess, or distribute equipment intended for use or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of a controlled substance. The bill would authorize specified entities to provide controlled substance checking services and would define those services as the process of identifying or analyzing a substance to determine its chemical composition. The bill would provide a person engaged in providing or using those services immunity from detention, arrest, criminal prosecution, and civil liability, among other things. The bill would require a controlled substance service provider, as defined, to destroy personally identifiable information from service users and would prohibit them from providing that information to law enforcement, as specified.
Who sponsors AB 2136?
AB 2136 is sponsored by Jones-Sawyer.
What is the current status of AB 2136?
This bill has been enacted into law. Introduced February 06, 2024. Enacted.
Where can I track AB 2136?
Track AB 2136 free on One Click Politics — get push/email alerts when it moves.

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