Section 11400 - Legislative findings; analogs of controlled substances; punishment

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 elf 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, 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 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 llQ54 or 11055 of which it is an analog. (Added by Stats.1988, c. 712, § 4, eff Aug 29, 1988.)

Section 11401 - Controlled substance analog defined; punishment

1. 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 of which it is an analog.
2. Except as provided in subdivision (c), the term "controlled substance analog" means either of the following:
   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.
   2. a substance which 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.
3. The term "controlled substance analog" does not mean any of the following:
   1. Any 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 which Is generally recognized as safe and effective for use pursuant to Sections 591, 502, and 503 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sees. 351, 352, and 353) and 22 C.F.R. Section 330 et seq.
   2. With respect to a particular person, any 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. Any 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. (Added by Stats.1988, c. 712, P 4, eff. Aug. 29, I988.)