California 2021-2022 Regular Session Status: In Committee 1 D cosponsors

AB 2246 — Controlled substances: fentanyl.

Last action — From committee: Without further action pursuant to Joint Rule 62(a).

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

This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law classifies controlled substances into 5 schedules and places the greatest restrictions on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law treats an analog of a controlled substance the same as the controlled substance of which it is an analog. This bill would reclassify illicit fentanyl analogs that are not approved by the United States Food and Drug Administration as Schedule I controlled substances. The bill would additionally make conforming changes. Existing law makes possession of specified controlled substances, including fentanyl, punishable by imprisonment in a county jail not to exceed one year, except as specified. Existing law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years. This bill would make possession for sale, or purchases for purposes of sale, of 2 or more grams of fentanyl punishable by imprisonment in a county jail for a period of 4, 5, or 6 years. The bill would make the sale of fentanyl on a social media platform in California punishable by imprisonment in a county jail for a period of 3, 6, or 9 years. Existing law makes it a crime to solicit or encourage a minor to violate specified crimes relating to controlled substances, to hire or employ a minor to transport or sell controlled substances, or to sell or give controlled substances to minors. Existing law makes a person who is 18 years of age or older who violates these provisions with respect to heroin, cocaine, or cocaine base on the grounds of specified buildings, including, among others, playgrounds and childcare facilities, punishable with an additional enhancement in the state prison of one year, and makes a violation of those provisions on the grounds of, or within 1,000 feet of, a school punishable with an additional enhancement in the state prison of 2 years, as specified. This bill would make that enhancement also apply to a violation of those provisions with respect to fentanyl. By expanding the scope of crimes and creating new crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. From committee: Without further action pursuant to Joint Rule 62(a).

  2. In committee: Set, second hearing. Failed passage.

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

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

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

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

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

  8. Referred to Com. on PUB. S.

  9. From printer. May be heard in committee March 19.

  10. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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.

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Votes

Subjects

public-safety labor
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Frequently asked questions

What does AB 2246 do?
Existing law classifies controlled substances into 5 schedules and places the greatest restrictions on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law treats an analog of a controlled substance the same as the controlled substance of which it is an analog. This bill would reclassify illicit fentanyl analogs that are not approved by the United States Food and Drug Administration as Schedule I controlled substances. The bill would additionally make conforming changes. Existing law makes possession of specified controlled substances, including fentanyl, punishable by imprisonment in a county jail not to exceed one year, except as specified. Existing law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years. This bill would make possession for sale, or purchases for purposes of sale, of 2 or more grams of fentanyl punishable by imprisonment in a county jail for a period of 4, 5, or 6 years. The bill would make the sale of fentanyl on a social media platform in California punishable by imprisonment in a county jail for a period of 3, 6, or 9 years. Existing law makes it a crime to solicit or encourage a minor to violate specified crimes relating to controlled substances, to hire or employ a minor to transport or sell controlled substances, or to sell or give controlled substances to minors. Existing law makes a person who is 18 years of age or older who violates these provisions with respect to heroin, cocaine, or cocaine base on the grounds of specified buildings, including, among others, playgrounds and childcare facilities, punishable with an additional enhancement in the state prison of one year, and makes a violation of those provisions on the grounds of, or within 1,000 feet of, a school punishable with an additional enhancement in the state prison of 2 years, as specified. This bill would make that enhancement also apply to a violation of those provisions with respect to fentanyl. By expanding the scope of crimes and creating new crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 2246?
AB 2246 is sponsored by Petrie-Norris, Cottie (Democratic).
What is the current status of AB 2246?
This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2246?
Track AB 2246 free on One Click Politics — get push/email alerts when it moves.

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