Existing law requires a person or entity that sells any quantity of specified substances to record the date of sale, product description, purchasers identification, and other specified information. Existing law requires the seller to retain this information for a period of 5 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. Existing law requires a person or entity that purchases any quantity of these specified substances to record the date of purchase, product description, and other specified information for a period of 3 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. A violation of these provisions is a crime.

This bill would require a person or entity that sells any quantity of nonodorized butane, as defined, to a customer, as defined, to record specified information about the transaction, including the identity of the customer and to maintain that information for 2 years. The bill would, subject to available funds, require the Department of Justice to create a database of butane purchases and to post a notice on its Internet Web site when the database is operational. The bill would require sellers of nonodorized butane to keep hard copy records of nonodorized butane sales and to electronically submit a report to the Department of Justice upon request.

After the database system described above is operational, this bill would make it unlawful to sell to any one customer more than 600 milliliters of nonodorized butane in a 30-day period or to sell any quantity of nonodorized butane to a customer that would cause the customer to exceed 600 milliliters of nonodorized butane purchased from all sellers in a 30-day period. The bill would authorize a civil penalty to be assessed for the violation of these provisions.

Existing law requires a person or entity that sells any quantity of specified substances to record the date of sale, product description, purchasers identification, and other specified information. Existing law requires the seller to retain this information for a period of 5 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. Existing law requires a person or entity that purchases any quantity of these specified substances to record the date of purchase, product description, and other specified information for a period of 3 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. A violation of these provisions is a crime.

This bill would require a person or entity that sells any quantity of nonodorized butane, as defined, to a customer, as defined, to record specified information about the transaction, including the identity of the customer and to maintain that information for 2 years. The bill would, subject to available funds, require the Department of Justice to create a database of butane purchases and to post a notice on its Internet Web site when the database is operational. The bill would require sellers of nonodorized butane to keep hard copy records of nonodorized butane sales and to electronically submit a report to the Department of Justice upon request.

After the database system described above is operational, this bill would make it a crime unlawful to sell to any one customer more than 600 milliliters of nonodorized butane in a 30-day period or to sell any quantity of nonodorized butane to a customer that would cause the customer to exceed 600 milliliters of nonodorized butane purchased from all sellers in a 30-day period. Because the bill would create new crimes, it would impose a state-mandated local program. The bill would authorize a civil penalty to be assessed for the violation of these provisions.

Existing law requires a person or entity that sells any quantity of specified substances to record the date of sale, product description, purchasers identification, and other specified information. Existing law requires the seller to retain this information for a period of 5 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. Existing law requires a person or entity that purchases any quantity of these specified substances to record the date of purchase, product description, and other specified information for a period of 3 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. A violation of these provisions is a crime.

This bill would require a person or entity that sells any quantity of nonodorized butane, as defined, to a customer, as defined, to record specified information about the transaction, including the identity of the purchaser customer and to maintain that information for 2 years. The bill would, subject to available funds, require the Department of Justice to create a database of butane sales purchases and to post a notice on its Internet Web site when the database is operational. The bill would require sellers of nonodorized butane to keep hard copy records of nonodorized butane sales and to electronically submit a report to the Department of Justice upon request.

After the database system described above is operational, this bill would make it a crime to sell to any one customer more than 600 milliliters of nonodorized butane in a 30-day period. After the database system is operational, the bill would make it a crime period or to sell any quantity of nonodorized butane to a customer that would cause the customer to exceed 600 milliliters of nonodorized butane purchased from all sellers in a 30-day period. Because the bill would create new crimes, it 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.

Existing law requires a person or entity that sells any quantity of specified substances to record the date of sale, product description, purchasers identification, and other specified information. Existing law requires the seller to retain this information for a period of 5 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. Existing law requires a person or entity that purchases any quantity of these specified substances to record the date of purchase, product description, and other specified information for a period of 3 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. A violation of these provisions is a crime.

This bill would require a person or entity that sells any quantity of butane, as defined, to record specified information about the transaction, including the identity of the purchaser and to maintain that information for 2 years. The bill would also prohibit a person, unless specifically exempted, from purchasing more than 600 milliliters of butane in a 30-day period. The bill would make a violation of these provisions a misdemeanor. The bill would, subject to available funds, require the Department of Justice to create a database of butane sales and to post a notice on its Internet Web site when the database is operational. The bill would require sellers of butane to keep hard copy records of nonodorized butane sales and to electronically submit a report to the Department of Justice upon request.

Before the database system is operational, this bill would make it a crime to sell to any one customer more than 600 milliliters of nonodorized butane in a 30-day period. After the database system is operational, the bill would make it a crime to sell any quantity of nonodorized butane to a customer that would cause the customer to exceed 600 milliliters of nonodorized butane purchased from all sellers in a 30-day period. Because the bill would create a new crime, new crimes, it 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.

Existing law requires a person or entity that sells any quantity of specified substances to record the date of sale, product description, purchasers identification, and other specified information. Existing law requires the seller to retain this information for a period of 5 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. Existing law requires a person or entity that purchases any quantity of these specified substances to record the date of purchase, product description, and other specified information for a period of 3 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. A violation of these provisions is a crime.

This bill would add butane to the list of specified substances for which these requirements apply. require a person or entity that sells any quantity of butane, as defined, to record specified information about the transaction, including the identity of the purchaser and to maintain that information for 2 years. The bill would also prohibit any person a person, unless specifically exempted, from purchasing more than 600 milliliters of butane in a calendar month. 30-day period. The bill would make a violation of these provisions a misdemeanor. Because the bill would create a new crime, it would impose a state-mandated local program.

The bill would state that it is the intent of the Legislature to enact legislation that would would, subject to an appropriation, require the Department of Justice to create a reporting system, improve law enforcement, and create a tracking and reporting mechanism for online retailers, relating to database of butane sales. sales, and would require sellers of butane to submit a quarterly report.

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.

Existing law requires a person or entity that sells any quantity of specified substances to record the date of sale, product description, purchasers identification, and other specified information. Existing law requires the seller to retain this information for a period of 5 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. Existing law requires a person or entity that purchases any quantity of these specified substances to record the date of purchase, product description, and other specified information for a period of 3 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. A violation of these provisions is a crime.

This bill would add butane to the list of specified substances for which these requirements apply. The bill would also prohibit any person from purchasing more than 600 milliliters of butane in a calendar month. Because the bill would create a new crime, it would impose a state-mandated local program.

The bill would state that it is the intent of the Legislature to enact legislation that would create a reporting system, improve law enforcement, and create a tracking and reporting mechanism for online retailers, relating to butane sales.

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.

GOVERNOR'S VETO

GV Bill Id:AB 1120

Author:(Cooper and Dahle)

As Enrolled Ver:September 13, 2017

2/3 vote

Original Committee Reference: PUB. S.

SUMMARY: Directs Department of Justice (DOJ) to develop and maintain, contingent on the availability of funding, an electronic database to track the amount of butane purchased by individual customers. Allows the imposition of a civil penalty of $2,500, if a manufacturer, wholesaler, reseller, retailer, or other person or entity sells a quantity of nonodorized butane that would cause the customer to exceed 600 milliliters of nonodorized butane in any 30-day period, with specified exemptions. States that the prohibition on butane sales shall not be enforced until a database has been developed. Requires any seller of any quantity of nonodorized butane to record specified information about the purchaser and the sale, except as specified.

The Senate amendments:

1. Delete the criminal penalties.
2. Create a civil penalty of $2,500 for any person or business that violates the provisions of this bill, after a database has been developed.
3. Allow the Attorney General, a city attorney, a county counsel, or a district attorney to bring a civil action to enforce the provisions of this bill.
4. Specify where the proceeds of the civil penalty shall be deposited, depending on which entity obtains the civil judgment.
5. Include resellers in the entities prohibited from selling more than 600 milliliters of nonodorized butane to any one customer in a 30 day period.
6. Specify that is unlawful for manufacturers, wholesalers, resellers, retailers, or other persons or entities to knowingly or negligently sell to any one customer a quantity of nonodorized butane that would cause the customer to exceed 600 milliliters of nonodorized butane purchased from all sellers in any 30-day period.
7. State that DOJ shall, contingent upon the availability of adequate funds and in collaboration with stakeholders representing the sellers of nonodorized butane, develop and maintain an electronic database system for the electronic monitoring of, and Internet access to, information regarding the amount of butane purchased by individual customers.
8. Specify that the prohibitions on butane sales described in this bill, shall not be enforced until the database system is operational, as determined by DOJ.
9. Provide that the reasonable reliance on information contained in the database described in this bill is an affirmative defense to the crime in this subdivision.
10. Apply the exceptions already in this bill to the crime of knowingly or negligently selling a quantity of nonodorized butane that would cause the customer to exceed 600 milliliters of nonodorized butane purchased from all sellers in any 30 day period.
11. Except resellers and retailers selling butane solely for the purpose of resale from the crimes described in this bill.
12. Except sale of lighters, torch lighters, or other appliances, or lighter refill canisters that contain or use nonodorized butane for fuel and contain less than 150 milliliters of nonodorized butane from the crimes described in this bill.
13. Specify that the reporting requirements of this bill do not apply to butane sales that are otherwise exempt under this bill.
14. Delete the requirement to record name and address of the business, a description of the type of business, a business license number, and the brand of butane from the requirements that sellers record and maintain specified information on the sale of butane.
15. Except manufacturers, wholesalers, resellers, retailers, and lawful commercial enterprises from the definition of "customer," for purposes of this bill.
16. Provide that the database system will allow retailers to automatically synchronize purchases and provide real time alerts of any purchases in violation of this section, and shall be developed in one of the following three ways:
    1. The database system may be based upon the expansion of an existing electronic database;
    2. The database system may be an existing product, which is available for use by retail sellers of nonodorized butane to customers, as determined by the Department of Justice; or
    3. The database system may be a newly created product.
17. Specify that the Department of Justice shall post a notification on its Internet Web site when the database is operational.
18. Require all manufacturers, wholesalers, resellers, retailers, or other persons or entities selling nonodorized butane to customers shall keep hard copy records of nonodorized butane sales.
19. Add clarifying language.

EXISTING LAW:

1. Requires any manufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity in this state or any other state any quantity of sodium cyanide, potassium cyanide, cyclohexanone, bromobenzene, magnesium turnings, mercuric chloride, sodium metal, lead acetate, palladium black, hydrogen chloride gas, trichlorofluoromethane (fluorotrichloromethane), dichlorodifluoromethane, 1,1,2-trichloro-1,2,2-trifluoroethane (trichlorotrifluoroethane), sodium acetate, or acetic anhydride to do the following:
   1. In any face-to-face or will-call sale, the seller shall prepare a bill of sale which identifies the date of sale, cost of sale, method of payment, the specific items and quantities purchased and the proper purchaser identification information, all of which shall be entered onto the bill of sale;
   2. Requires the seller to retain the original bill of sale containing the purchaser identification information for five years, and present the bill of sale upon demand by any law enforcement officer; and
   3. Specifies that "proper purchaser identification" includes a valid driver's license or other official and valid state-issued identification of the purchaser that contains a photograph of the purchaser, and includes the address of the purchaser, the motor vehicle license number of the motor vehicle used by the purchaser at the time of purchase, a description of how the substance is to be used, and other specified information..
2. Specifies that notwithstanding any other law, in all sales other than face-to-face or will-call sales the seller shall maintain for a period of five years the following sales information: the name and address of the purchaser, date of sale, product description, cost of product, method of payment, method of delivery, delivery address, and valid identifying information.
3. Requires the seller, upon the request of any law enforcement officer or any authorized representative of the Attorney General, produce a report or record of sale containing the information in a readily presentable manner.
4. Requires, if a common carrier is used, the seller maintain a manifest regarding the delivery in for a period of five years.
5. Requires any manufacturer, wholesaler, retailer, or other person or entity in this state that purchases any item listed in Health and Safety Code Section 11107.1 subdivision (a) shall do the following:
   1. Provide on the record of purchase information on the source of the items purchased, the date of purchase, a description of the specific items, the quantities of each item purchased, and the cost of the items purchased; and
   2. Retain the record of purchase for three years in a readily presentable manner and present the record of purchase upon demand to any law enforcement officer or authorized representative of the Attorney General.
6. Specifies that a first violation for failing to record and maintain the required information is a misdemeanor.
7. States that a person who has previously been convicted of such a violation shall, upon a subsequent conviction thereof, be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding $100,000, or both the fine and imprisonment.
8. Provides that any person or entity that sells or transfers one of a list of specified chemical precursors, including pseudoephedrine, must obtain the purchaser's proper identification, as specified, and a letter of authorization from the purchaser which includes the purchaser's business license number or Drug Enforcement Agency (DEA) registration, the address of the business and a description of how the chemical is to be used. The information must be retained "in a readily available manner" for three years.
9. Requires any person or entity that sells, transfers, or otherwise furnishes a specified chemical precursor to another person or entity must submit a report to DOJ, generally within 21 days, of each transaction. The report must include the identification information about the purchaser.
10. Provides that violation of restricted chemical reporting requirements (for transferring or obtaining restricted chemicals) is misdemeanor. A first-time violation is punishable by a county jail term of up to six months, a fine of up to 5,000, or both. A subsequent violation is an alternate felony-misdemeanor, punishable by a prison term of 16 months, two years or three years for a felony, a county jail term of up to one year, a fine of up to $100,000, or both such fine and imprisonment.
11. Requires specified recording and tracking of transactions involving laboratory glassware, apparatus and chemical reagents where the value of the material exceeds $100. The purchaser must present valid identification. The bill of sale must be retained for three years, as specified. The document must be presented to law enforcement upon request A violation of these provisions is a misdemeanor punishable by imprisonment in a county jail not exceeding six months, by a fine not exceeding $1,000, or both.
12. Provides that it is unlawful for a retailer to sell in a single transaction more than three packages, or nine grams, of a product that he or she knows to contain ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine. This offense is a misdemeanor, punishable by a county jail term of up to six months, a fine of up to $1,000, or both.
13. States that except as otherwise provided by law, every person who manufactures, produces, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance as specified, including marijuana, shall be punished by imprisonment pursuant to realignment for three, five, or seven years and by a fine not exceeding $50,000.
14. States that the fact that a person under 16 years of age resided in a structure in which a violation of this section involving methamphetamine occurred shall be considered a factor in aggravation by the sentencing court.
15. Specifies that any person who has under his or her management or control any building, room, space, or enclosure, who knowingly rents, leases, or makes available for use, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or up to three years in the county jail pursuant to realignment.
16. States that subject to certain qualifications, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of marijuana in the form of concentrated cannabis, including as contained in marijuana products.
17. Provides that it is crime to manufacture of concentrated cannabis using a volatile solvent punishable by imprisonment for three, five, or seven years, unless done in accordance with a specified license.
18. Includes very detailed restrictions and requirements for the retail sale of ephedrine, pseudoephedrine, norpseudoephedrine or phenylpropanolamine. These restrictions include, in part:
    1. No more than 3.6 grams in a single transaction;
    2. No more than nine grams per customer in a one-month period;
    3. If the drug is obtained through postal or similar delivery, no more than 7.5 grams can be so obtained;
    4. Seller must maintain a written or electronic logbook of each sale, including the date of the transaction, the name and address of the purchaser and the quantity sold;
    5. The purchaser must present valid identification, as specified, and the seller must verify the identification;
    6. The purchaser must sign a paper or electronic logbook, as specified;
    7. The seller must maintain these documents, as specified; and
    8. Law enforcement shall have access to the information pursuant to regulations adopted by DOJ.
19. Provides the following penalties:
    1. Violation of the nine gram purchase limit is a misdemeanor;
    2. Violation of record-keeping laws is a misdemeanor, with specified exceptions;
    3. Violation of the distribution limits is punishable by imprisonment for up to five years (pursuant to the federal sentencing guidelines); and
    4. Distribution of pseudoephedrine with knowledge that it will be used to manufacture a controlled substance, or intentional evasion of record keeping or reporting requirements, is subject to imprisonment for up to 10 years, or up to 20 years, as specified.
20. Includes an exception to the log book recording of transactions in the case of a transaction that involves a single package that contains not more than 60 milligrams of psuedoephedrine.

AS PASSED BY THE ASSEMBLY, this bill:

1. It was unlawful for a manufacturer, wholesaler, retailer, or other person or entity to sell to any one customer more than 600 milliliters of nonodorized butane in any 30-day period.
2. Provided exemptions for the following transactions:
   1. Butane sold to a manufacturer or wholesaler solely for the purpose of resale; and
   2. Butane sold to a person for use in a lawful commercial enterprise, including, but not limited to, a medical cannabis collective or cooperative described in Health and Safety Code Section 11362.775, operating in compliance with all applicable state licensing requirements and local regulations governing that type of business.
3. Stated that for every sale of nonodorized butane to a customer subject to the 600 milliliter/month limit, the seller shall record and maintain on the premises of the seller for a period of not less than two years after the date of the sale, the name, address, and date of birth of the customer, as obtained from his or her valid driver's license or other government-issued photo identification.
4. Specified that for sales made to persons or entities not subject to the 600 milliliters/month limit, the seller shall record and maintain on the premises of the seller for a period of not less than two years after the date of the sale, the following information:
   1. The name and address of the business, a description of the type of business, and a business license number, if applicable;
   2. The date and time of the sale;
   3. The brand and quantity of butane purchased; and
   4. The full name of the person who processed the sale.
5. Specified that a violation of the limitation on butane sales in a 30 day period or of the recording requirements of this bill is a misdemeanor.
6. Stated that the Department of Justice shall establish a database to track the sale of nonodorized butane within the state.
7. Required any manufacturer, wholesaler, retailer, or other person or entity that sells nonodorized butane to submit a quarterly report to the Department of Justice of all sales involving nonodorized butane, including information, as specified.
8. Stated that implementation of the database shall be subject to an appropriation in the annual Budget Act or other measure.
9. Defined "customer" for purposes of this bill as any person or entity that purchases or acquires nonodorized butane from a seller during a transaction.
10. Defined "nonodorized butane" for purposes of this bill as iso-butane, n-butane, or refined butane of any power that uses the words "refined," "pure," "purified," "premium," or "filtered," to describe the butane, or which does not contain ethyl mercaptan or a similar odorant.
11. Defined "Sell" or "sale" for purposes of this bill as to furnish, give away, exchange, transfer, deliver, surrender, distribute, or supply, in exchange for money or any other consideration.
12. Defined "Seller" for purposes of this bill as any person, business entity, or employee thereof that sells nonodorized butane to any customer within this state.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. Database: Major short-term costs of about $1.2 million (General Fund) per year for three years to the Department of Justice to design, develop, test, and implement the database. Additionally, the department would require 1.0 Systems Software Specialist III and 1.0 Senior Programmer Analyst to conduct the designing, developing, testing, and implementation of the database.
2. Court: Unknown, potentially-significant cost pressures (General Fund*) to the court to adjudicate civil charges brought against defendants who sell butane as proscribed by this measure. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources.
3. Unknown potential revenue to the state to the extent that the Attorney General successfully brings civil actions against violators and the money is collected.

*Trial Court Trust Fund

COMMENTS: According to the author, "Illicit honey oil labs extract honey oil (once called hash oil) by heating up marijuana, including stems, to a point where the THC filled oil is separated from the plant material. To get to this "extraction point" a flammable substance must be used. The substance of choice is butane. Butane is used because unlike other liquids/gases it is non-detectible by sight or smell. This makes it desirable because it doesn't taint the final product and it is undetectable to law enforcement.

"These illegal labs do not care about rules or regulations when they are working with butane. The labs are set up recklessly, the gas leaks, fills a confined space and when it is exposed to an open flame or electrical spark it explodes, violently. Many of the victims from these explosions are totally unaware of the dangers surrounding them. In April 2015, the California Alliance of Drug-Endangered Children reported that 41 marijuana lab deaths had occurred in California between 2011 and April 2015. Among those deaths were three children.

"AB 1120 will require that when butane is sold the retailer must record and keep limited information on the purchaser. This information will help law enforcement track unusual purchases of butane and help them weed out illegal manufacturers of honey oil. This type of "point of sale" regulation works. It has been very effective in the detection and dismantling of methamphetamine labs by tracking pseudoephedrine sales. AB 1120 will apply these similar principles to butane to assist in preventing more public safety hazards due to illicit honey oil extraction using butane."

GOVERNOR'S VETO MESSAGE:

This bill restricts the sale of butane products, and creates a butane sales database housed in the Department of Justice.

I empathize with the author's intent to address the tragic explosions that can occur at illegal butane hash-oil production sites. Unfortunately, I believe this bill takes a very expensive approach that may not ultimately solve the problem. The Department of Public Health is currently working on regulations that will be finalized at the end of this year that move this type of production out of the shadows and into a safe and regulated environment. I believe any additional legislation aimed at curbing illegal butane use should be more narrowly tailored, and not place a uniform limit on an industry that has many other legitimate uses.

Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0002432

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1120

Author:(Cooper and Dahle)

As Amended Ver:September 1, 2017

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Directs Department of Justice (DOJ) to develop and maintain, contingent on the availability of funding, an electronic database to track the amount of butane purchased by individual customers. Allows the imposition of a civil penalty of $2,500, if a manufacturer, wholesaler, reseller, retailer, or other person or entity sells a quantity of nonodorized butane that would cause the customer to exceed 600 milliliters of nonodorized butane in any 30-day period, with specified exemptions. States that the prohibition on butane sales shall not be enforced until a database has been developed. Requires any seller of any quantity of nonodorized butane to record specified information about the purchaser and the sale, except as specified.

The Senate amendments:

1. Delete the criminal penalties.
2. Create a civil penalty of $2,500 for any person or business that violates the provisions of this bill, after a database has been developed.
3. Allow the Attorney General, a city attorney, a county counsel, or a district attorney to bring a civil action to enforce the provisions of this bill.
4. Specify where the proceeds of the civil penalty shall be deposited, depending on which entity obtains the civil judgment.
5. Include resellers in the entities prohibited from selling more than 600 milliliters of nonodorized butane to any one customer in a 30 day period.
6. Specify that is unlawful for manufacturers, wholesalers, resellers, retailers, or other persons or entities to knowingly or negligently sell to any one customer a quantity of nonodorized butane that would cause the customer to exceed 600 milliliters of nonodorized butane purchased from all sellers in any 30-day period.
7. State that DOJ shall, contingent upon the availability of adequate funds and in collaboration with stakeholders representing the sellers of nonodorized butane, develop and maintain an electronic database system for the electronic monitoring of, and Internet access to, information regarding the amount of butane purchased by individual customers.
8. Specify that the prohibitions on butane sales described in this bill, shall not be enforced until the database system is operational, as determined by DOJ.
9. Provide that the reasonable reliance on information contained in the database described in this bill is an affirmative defense to the crime in this subdivision.
10. Apply the exceptions already in this bill to the crime of knowingly or negligently selling a quantity of nonodorized butane that would cause the customer to exceed 600 milliliters of nonodorized butane purchased from all sellers in any 30 day period.
11. Except resellers and retailers selling butane solely for the purpose of resale from the crimes described in this bill.
12. Except sale of lighters, torch lighters, or other appliances, or lighter refill canisters that contain or use nonodorized butane for fuel and contain less than 150 milliliters of nonodorized butane from the crimes described in this bill.
13. Specify that the reporting requirements of this bill do not apply to butane sales that are otherwise exempt under this bill.
14. Delete the requirement to record name and address of the business, a description of the type of business, a business license number, and the brand of butane from the requirements that sellers record and maintain specified information on the sale of butane.
15. Except manufacturers, wholesalers, resellers, retailers, and lawful commercial enterprises from the definition of "customer," for purposes of this bill.
16. Provide that the database system will allow retailers to automatically synchronize purchases and provide real time alerts of any purchases in violation of this section, and shall be developed in one of the following three ways:
    1. The database system may be based upon the expansion of an existing electronic database;
    2. The database system may be an existing product, which is available for use by retail sellers of nonodorized butane to customers, as determined by the Department of Justice; or
    3. The database system may be a newly created product.
17. Specify that the Department of Justice shall post a notification on its Internet Web site when the database is operational.
18. Require all manufacturers, wholesalers, resellers, retailers, or other persons or entities selling nonodorized butane to customers shall keep hard copy records of nonodorized butane sales.
19. Add clarifying language.

EXISTING LAW:

1. Requires any manufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity in this state or any other state any quantity of sodium cyanide, potassium cyanide, cyclohexanone, bromobenzene, magnesium turnings, mercuric chloride, sodium metal, lead acetate, palladium black, hydrogen chloride gas, trichlorofluoromethane (fluorotrichloromethane), dichlorodifluoromethane, 1,1,2-trichloro-1,2,2-trifluoroethane (trichlorotrifluoroethane), sodium acetate, or acetic anhydride to do the following:
   1. In any face-to-face or will-call sale, the seller shall prepare a bill of sale which identifies the date of sale, cost of sale, method of payment, the specific items and quantities purchased and the proper purchaser identification information, all of which shall be entered onto the bill of sale;
   2. Requires the seller to retain the original bill of sale containing the purchaser identification information for five years, and present the bill of sale upon demand by any law enforcement officer; and
   3. Specifies that "proper purchaser identification" includes a valid driver's license or other official and valid state-issued identification of the purchaser that contains a photograph of the purchaser, and includes the address of the purchaser, the motor vehicle license number of the motor vehicle used by the purchaser at the time of purchase, a description of how the substance is to be used, and other specified information..
2. Specifies that notwithstanding any other law, in all sales other than face-to-face or will-call sales the seller shall maintain for a period of five years the following sales information: the name and address of the purchaser, date of sale, product description, cost of product, method of payment, method of delivery, delivery address, and valid identifying information.
3. Requires the seller, upon the request of any law enforcement officer or any authorized representative of the Attorney General, produce a report or record of sale containing the information in a readily presentable manner.
4. Requires, if a common carrier is used, the seller maintain a manifest regarding the delivery in for a period of five years.
5. Requires any manufacturer, wholesaler, retailer, or other person or entity in this state that purchases any item listed in Health and Safety Code Section 11107.1 subdivision (a) shall do the following:
   1. Provide on the record of purchase information on the source of the items purchased, the date of purchase, a description of the specific items, the quantities of each item purchased, and the cost of the items purchased; and
   2. Retain the record of purchase for three years in a readily presentable manner and present the record of purchase upon demand to any law enforcement officer or authorized representative of the Attorney General.
6. Specifies that a first violation for failing to record and maintain the required information is a misdemeanor.
7. States that a person who has previously been convicted of such a violation shall, upon a subsequent conviction thereof, be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding $100,000, or both the fine and imprisonment.
8. Provides that any person or entity that sells or transfers one of a list of specified chemical precursors, including pseudoephedrine, must obtain the purchaser's proper identification, as specified, and a letter of authorization from the purchaser which includes the purchaser's business license number or Drug Enforcement Agency (DEA) registration, the address of the business and a description of how the chemical is to be used. The information must be retained "in a readily available manner" for three years.
9. Requires any person or entity that sells, transfers, or otherwise furnishes a specified chemical precursor to another person or entity must submit a report to DOJ, generally within 21 days, of each transaction. The report must include the identification information about the purchaser.
10. Provides that violation of restricted chemical reporting requirements (for transferring or obtaining restricted chemicals) is misdemeanor. A first-time violation is punishable by a county jail term of up to six months, a fine of up to 5,000, or both. A subsequent violation is an alternate felony-misdemeanor, punishable by a prison term of 16 months, two years or three years for a felony, a county jail term of up to one year, a fine of up to $100,000, or both such fine and imprisonment.
11. Requires specified recording and tracking of transactions involving laboratory glassware, apparatus and chemical reagents where the value of the material exceeds $100. The purchaser must present valid identification. The bill of sale must be retained for three years, as specified. The document must be presented to law enforcement upon request A violation of these provisions is a misdemeanor punishable by imprisonment in a county jail not exceeding six months, by a fine not exceeding $1,000, or both.
12. Provides that it is unlawful for a retailer to sell in a single transaction more than three packages, or nine grams, of a product that he or she knows to contain ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine. This offense is a misdemeanor, punishable by a county jail term of up to six months, a fine of up to $1,000, or both.
13. States that except as otherwise provided by law, every person who manufactures, produces, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance as specified, including marijuana, shall be punished by imprisonment pursuant to realignment for three, five, or seven years and by a fine not exceeding $50,000.
14. States that the fact that a person under 16 years of age resided in a structure in which a violation of this section involving methamphetamine occurred shall be considered a factor in aggravation by the sentencing court.
15. Specifies that any person who has under his or her management or control any building, room, space, or enclosure, who knowingly rents, leases, or makes available for use, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or up to three years in the county jail pursuant to realignment.
16. States that subject to certain qualifications, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of marijuana in the form of concentrated cannabis, including as contained in marijuana products.
17. Provides that it is crime to manufacture of concentrated cannabis using a volatile solvent punishable by imprisonment for three, five, or seven years, unless done in accordance with a specified license.
18. Includes very detailed restrictions and requirements for the retail sale of ephedrine, pseudoephedrine, norpseudoephedrine or phenylpropanolamine. These restrictions include, in part:
    1. No more than 3.6 grams in a single transaction;
    2. No more than nine grams per customer in a one-month period;
    3. If the drug is obtained through postal or similar delivery, no more than 7.5 grams can be so obtained;
    4. Seller must maintain a written or electronic logbook of each sale, including the date of the transaction, the name and address of the purchaser and the quantity sold;
    5. The purchaser must present valid identification, as specified, and the seller must verify the identification;
    6. The purchaser must sign a paper or electronic logbook, as specified;
    7. The seller must maintain these documents, as specified; and
    8. Law enforcement shall have access to the information pursuant to regulations adopted by DOJ.
19. Provides the following penalties:
    1. Violation of the nine gram purchase limit is a misdemeanor;
    2. Violation of record-keeping laws is a misdemeanor, with specified exceptions;
    3. Violation of the distribution limits is punishable by imprisonment for up to five years (pursuant to the federal sentencing guidelines); and
    4. Distribution of pseudoephedrine with knowledge that it will be used to manufacture a controlled substance, or intentional evasion of record keeping or reporting requirements, is subject to imprisonment for up to 10 years, or up to 20 years, as specified.
20. Includes an exception to the log book recording of transactions in the case of a transaction that involves a single package that contains not more than 60 milligrams of psuedoephedrine.

AS PASSED BY THE ASSEMBLY, this bill:

1. It was unlawful for a manufacturer, wholesaler, retailer, or other person or entity to sell to any one customer more than 600 milliliters of nonodorized butane in any 30-day period.
2. Provided exemptions for the following transactions:
   1. Butane sold to a manufacturer or wholesaler solely for the purpose of resale; and
   2. Butane sold to a person for use in a lawful commercial enterprise, including, but not limited to, a medical cannabis collective or cooperative described in Health and Safety Code Section 11362.775, operating in compliance with all applicable state licensing requirements and local regulations governing that type of business.
3. Stated that for every sale of nonodorized butane to a customer subject to the 600 milliliter/month limit, the seller shall record and maintain on the premises of the seller for a period of not less than two years after the date of the sale, the name, address, and date of birth of the customer, as obtained from his or her valid driver's license or other government-issued photo identification.
4. Specified that for sales made to persons or entities not subject to the 600 milliliters/month limit, the seller shall record and maintain on the premises of the seller for a period of not less than two years after the date of the sale, the following information:
   1. The name and address of the business, a description of the type of business, and a business license number, if applicable;
   2. The date and time of the sale;
   3. The brand and quantity of butane purchased; and
   4. The full name of the person who processed the sale.
5. Specified that a violation of the limitation on butane sales in a 30 day period or of the recording requirements of this bill is a misdemeanor.
6. Stated that the Department of Justice shall establish a database to track the sale of nonodorized butane within the state.
7. Required any manufacturer, wholesaler, retailer, or other person or entity that sells nonodorized butane to submit a quarterly report to the Department of Justice of all sales involving nonodorized butane, including information, as specified.
8. Stated that implementation of the database shall be subject to an appropriation in the annual Budget Act or other measure.
9. Defined "customer" for purposes of this bill as any person or entity that purchases or acquires nonodorized butane from a seller during a transaction.
10. Defined "nonodorized butane" for purposes of this bill as iso-butane, n-butane, or refined butane of any power that uses the words "refined," "pure," "purified," "premium," or "filtered," to describe the butane, or which does not contain ethyl mercaptan or a similar odorant.
11. Defined "Sell" or "sale" for purposes of this bill as to furnish, give away, exchange, transfer, deliver, surrender, distribute, or supply, in exchange for money or any other consideration.
12. Defined "Seller" for purposes of this bill as any person, business entity, or employee thereof that sells nonodorized butane to any customer within this state.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. Database: Major short-term costs of about $1.2 million (General Fund) per year for three years to the Department of Justice to design, develop, test, and implement the database. Additionally, the department would require 1.0 Systems Software Specialist III and 1.0 Senior Programmer Analyst to conduct the designing, developing, testing, and implementation of the database.
2. Court: Unknown, potentially-significant cost pressures (General Fund*) to the court to adjudicate civil charges brought against defendants who sell butane as proscribed by this measure. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources.
3. Unknown potential revenue to the state to the extent that the Attorney General successfully brings civil actions against violators and the money is collected.

*Trial Court Trust Fund

COMMENTS: According to the author, "Illicit honey oil labs extract honey oil (once called hash oil) by heating up marijuana, including stems, to a point where the THC filled oil is separated from the plant material. To get to this "extraction point" a flammable substance must be used. The substance of choice is butane. Butane is used because unlike other liquids/gases it is non-detectible by sight or smell. This makes it desirable because it doesn't taint the final product and it is undetectable to law enforcement.

"These illegal labs do not care about rules or regulations when they are working with butane. The labs are set up recklessly, the gas leaks, fills a confined space and when it is exposed to an open flame or electrical spark it explodes, violently. Many of the victims from these explosions are totally unaware of the dangers surrounding them. In April 2015, the California Alliance of Drug-Endangered Children reported that 41 marijuana lab deaths had occurred in California between 2011 and April 2015. Among those deaths were three children.

"AB 1120 will require that when butane is sold the retailer must record and keep limited information on the purchaser. This information will help law enforcement track unusual purchases of butane and help them weed out illegal manufacturers of honey oil. This type of "point of sale" regulation works. It has been very effective in the detection and dismantling of methamphetamine labs by tracking pseudoephedrine sales. AB 1120 will apply these similar principles to butane to assist in preventing more public safety hazards due to illicit honey oil extraction using butane."

Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0001848

 THIRD READING  

Bill No: AB 1120

Author:

Amended: 9/1/17 in Senate

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 4-2, 7/11/17

AYES: Skinner, Jackson, Mitchell, Wiener

NOES: Anderson, Stone

NO VOTE RECORDED: Bradford

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 66-1, 6/1/17 - See last page for vote

SUBJECT:

SOURCE: California Professional Firefighters

DIGEST:

This bill restricts the sale of butane products, as specified, and creates a butane sales database housed in the Department of Justice (DOJ).

ANALYSIS: Existing federal law provides very detailed restrictions and requirements for the retail sale of ephedrine, pseudoephedrine, norpseudoephedrine or phenylpropanolamine. These restrictions include, in part, restrictions on the amount of that may be purchased per transaction, restrictions on the amount of that may be purchased in a 30-day period, record keeping requirements for the seller, and identification requirements for the purchaser. Existing federal law provides penalties for violations of the purchase limits, distribution limits, and recording requirements. (21 U.S.C. §§ 830(e), 841(c), & 844(a).)

Existing state law:

1. Requires any person or entity that sells, transfers, or otherwise furnishes specified substances, including pseudoephedrine, to a person or entity to submit a report to DOJ for each transaction. The report must include the identification information about the purchaser. (Health & Saf. Code, § 11100, subd. (a).)
2. Requires any person or entity that sells or transfers one of specified substances, including pseudoephedrine, to any person or business entity to obtain the purchaser’s proper identification, as specified, among other information. The information must be retained “in a readily available manner” for three years. (Health & Saf. Code, § 11100, subd. (c)(1)(A).)
3. Provides that it is unlawful for a retailer to sell in a single transaction more than three packages, or nine grams, of a product that he or she knows to contain ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine. This offense is a misdemeanor, punishable by a county jail term of up to six months, a fine of up to $1,000, or both. (Health & Saf. Code, § 11100, subd. (g)(3).)
4. Requires DOJ to provide a common reporting form for specified substances subject to a reporting requirement. The reporting form is required to include at least the following information:
   1. Name of the substance.
   2. Quantity of the substance sold, transferred, or furnished.
   3. The date the substance was sold, transferred, or furnished.
   4. The name and address of the person buying or receiving such substance.
   5. The name and address of the manufacturer, wholesaler, retailer, or other person selling, transferring, or furnishing such substance. (Health & Saf. Code, § 11101.)
5. Requires any manufacturer, wholesaler, retailer, or other person or entity that sells to any person or entity any laboratory glassware or apparatus, any chemical reagents or solvents, or any combination thereof, where the value of the goods exceeds $100, to prepare a bill of sale with specified information, including the proper purchaser identification information. The bill of sale is required to be retained for five years, as specified. The bill of sale must be presented to law enforcement or any authorized representative of the Attorney General upon request. A violation of these provisions is a misdemeanor. (Health & Saf. Code, § 11107.)
6. Requires any manufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity any quantity of specified chemicals to prepare a bill of sale with specified information in any face-to-face or will-call sale. Requires the seller to retain the original bill of sale containing the purchaser identification information for five years, and present the bill of sale upon demand by any law enforcement officer. (Health & Saf. Code, § 11107.1, subd. (a)(1)(A) & (a)(1)(C).) Requires the seller, upon the request of any law enforcement officer or any authorized representative of the Attorney General, produce a report or record of sale containing the information in a readily presentable manner. (Health & Saf. Code, § 11107.1, subd. (a)(2)(C).)
7. Requires any manufacturer, wholesaler, retailer, or other person or entity that purchases specified chemical substances to provide on the record of purchase various information, as specified, and to retain the record of purchase for three years in a readily presentable manner and present the record of purchase upon demand to any law enforcement officer or authorized representative of the Attorney General. (Health & Saf. Code, § 11107.1, subds. (b)(1) & (b)(2).)
8. Provides that a first violation for failing to record and maintain the required information is a misdemeanor. A subsequent conviction shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding $100,000, or both the fine and imprisonment. (Health & Saf. Code, § 11107.1, subds. (c)(1) & (c)(2).)
   
9. Provides that it is unlawful to manufacture concentrated cannabis using a volatile solvent unless done in accordance with a specified license. This is punishable by imprisonment for three, five, or seven years. (Health & Saf. Code, §§ 11362.3, subd. (a)(6) & 11362.4, subd. (d))

This bill:

1. Provides that it is unlawful for a manufacturer, wholesaler, reseller, retailer, or other person or entity to sell to any one customer more than 600 milliliters of nonodorized butane in any 30-day period.
2. Provides that it is unlawful for manufacturers, wholesalers, resellers, retailers, or other persons or entities to knowingly or negligently sell to any one customer a quantity of nonodorized butane that would cause the customer to exceed 600 milliliters of nonodorized butane purchased from all sellers in any 30-day period.
3. Provides that the reasonable reliance on information contained in the butane sales database is an affirmative defense to the crime of knowingly or negligently selling to any one customer a quantity of nonodorized butane that would cause the customer to exceed 600 milliliters of nonodorized butane purchased from all sellers in any 30-day period.
4. Provides that the above restrictions on butane sales are not enforceable until the butane sales database system is operational, as determined by DOJ.
5. Provides that the following transactions are exempt from the limitations on the quantity of nonodorized butane that can be purchased in a 30-day calendar period:
   1. Butane sold to manufacturers, wholesalers, resellers, or retailers solely for the purpose of resale.
   2. Butane sold to a person for use in a lawful commercial enterprise, including, but not limited to, a volatile solvent extraction activity licensed under the Business and Professions Code or a medical cannabis collective or cooperative described in Health and Safety Code section 11362.7, subdivision (b), operating in compliance with all applicable state licensing requirements and local regulations governing that type of business.
   3. The sale of lighters, torch lighters or other appliances, or lighter refill canisters that contain or use nonodorized butane and contain less than 150 milliliters of nonodorized butane.
6. Provides that for every sale of nonodorized butane that is not exempted, the seller is required to record and maintain on its premises for two years after the date of the sale, the following information:
   1. The name, address, and date of birth of the customer, as obtained from his or her valid driver’s license or other government-issued photo identification;
   2. The date and time of the sale;
   3. The quantity of butane purchased; and,
   4. The full name of the person who processed the sale.
7. Requires DOJ, contingent upon the availability of adequate funds and in collaboration with stakeholders representing the sellers of nonodorized butane who are required to report and collect information pursuant to this section, to develop and maintain an electronic database system for the electronic monitoring of and Internet access to information regarding the amount of butane purchased by individual customers. The database system will allow retailers to automatically synchronize purchases and provide real time alerts of any purchases in violation of the restrictions on butane purchases.
8. Provides that the database system is required to be developed in one of the following three ways:
   1. The database system may be based upon the expansion of an existing electronic database.
   2. The database system may be an existing product, which is available for use by retail sellers of nonodorized butane to customers, as determined by DOJ.
   3. The database system may be a newly created product.
9. Requires DOJ to post a notification on its website when the butane sales database is operational.
10. Requires all manufacturers, wholesalers, resellers, retailers, or other persons or entities selling nonodorized butane to customers to keep hard copy records of nonodorized butane sales.
11. Requires any manufacturer, wholesaler, reseller, retailer, or other person or entity that sells nonodorized butane and is not exempted from the restrictions on butane sales to electronically submit a quarterly report of all sales involving nonodorized butane, including all of the information required to be collected, to the DOJ upon request.
12. Provides that any person or business that violates the above restrictions on butane sales is subject to a civil penalty of $2,500. The Attorney General, a city attorney, a county counsel, or a district attorney may bring a civil action.
13. Provides the following definitions:
    1. “Customer” means any person or entity that purchases or acquires nonodorized butane from a seller during a transaction other than manufacturers, wholesalers, resellers, or retailers that are purchasing butane solely for the purpose of resale, or persons or entities buying butane for use in a lawful commercial cannabis enterprise as described above.
    2. “Nonodorized butane” means iso-butane, n-butane, butane, or a mixture of butane and propane of any power that may also use the words “refined,” “pure,” “purified,” “premium,” or “filtered,” to describe the butane or butane mixture, which does not contain ethyl mercaptan or a similar odorant.
    3. “Sell” or “sale” means to furnish, give away, exchange, transfer, deliver, surrender, distribute, or supply, in exchange for money or any other consideration.
    4. “Seller” means any person, business entity, or employee thereof that sells nonodorized butane to any customer within this state.

Background

Butane is a hydrocarbon and a highly flammable, colorless, odorless, easily liquefied gas. It is commonly used as fuel for cigarette lighters and portable stoves, a propellant in aerosols, a heating fuel, a refrigerant, and in the manufacture of a wide range of products. When blended with propane and other hydrocarbons, it may be referred to commercially as liquefied petroleum gas (LPG).

Butane honey oil (BHO) is the end product of the process of using butane to extract THC and other cannabinoids from marijuana leaves and flowers. Butane can also be used to power carbon dioxide generators that help indoor marijuana plants grow, and some growers rely on tanks of butane gas or propane to avoid using large amounts of metered gas that could draw attention to the utility company. (<http://www.latimes.com/nation/nationnow/la-na-pot-labs-20161001-snap-story.html [as of Sept. 1, 2017].)

There have been a number of marijuana lab explosions across the country in recent years. (<http://www.latimes.com/nation/nationnow/la-na-pot-labs-20161001-snap-story.html [as of Sept. 1, 2017].) These explosions have caused injuries, deaths, and serious damage to homes, apartments, motels, and other structures. (<http://abc7.com/news/man-severely-burned-in-drug-lab-explosion-in-pasadena/1831735/ ; <http://www.foxla.com/news/local-news/215288932-story ; <http://www.ocregister.com/2017/06/08/this-marijuana-regulation-could-prevent-explosions/ ; <http://www.theunion.com/news/local-news/man-burned-in-suspected-butane-honey-oil-lab-explosion-sent-to-hospital-authorities-say/# [as of Sept. 1, 2017].)

After the passage of Proposition 64, the Adult Use of Marijuana Act, it is now legal for an individual over 21 years of age to possess less than 4 grams of concentrated cannabis, which includes BHO. However, it is still illegal for individuals to manufacture BHO without a license.

Regulation of Butane Sales. Currently, several counties and municipalities in California regulate the sale of butane. Most of these jurisdictions limit butane sales to no more than 600 milliliters per 30-day period and require a seller to record specified information, including the date of the transaction, amount purchased, and the purchaser’s identification information. One notable exception is the city of Los Angeles which allows sales of up to 1200 milliliters per 30-day period.

No other states have a statewide butane sales database, and there is no national database tracking butane sales as exists for other substances.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local: No

According to the Senate Appropriations Committee:

• Database: Major short-term costs of about $1.2 million (General Fund) per year for three years to the Department of Justice to design, develop, test, and implement the database. Additionally, the department would require 1.0 Systems Software Specialist III and 1.0 Senior Programmer Analyst to conduct the designing, developing, testing, and implementation of the database.
• Court: Unknown, potentially-significant cost pressures (General Fund*) to the court to adjudicate civil charges brought against defendants who sell butane as proscribed by this measure. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources.
• Unknown potential revenue to the state to the extent that the Attorney General successfully brings civil actions against violators and the money is collected.

*Trial Court Trust Fund

SUPPORT: (Verified 9/1/17)

California Professional Firefighters (source)

Association for Los Angeles Deputy Sheriffs

Association of Deputy District Attorneys

California Association of Code Enforcement Officers

California College and University Police Chiefs Association

California District Attorneys Association

California Narcotic Officers Association

California Police Chiefs Association

California State Association of Counties

California State Sheriffs’ Association

City of Anderson

City of San Marcos

Consortium management Group

League of California Cities

Los Angeles County Professional Peace Officers Association

Los Angeles Police Protective League

Riverside Sheriffs’ Association

Rural County Representatives of California

Shasta County Board of Supervisors

OPPOSITION: (Verified 9/1/17)

American Civil Liberties Union of California

California Retailers Association

Consumer Specialty Products Association

Lighter Association

ASSEMBLY FLOOR: 66-1, 6/1/17

AYES: Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Lackey, Levine, Limón, Low, Maienschein, Mathis, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Quirk, Quirk-Silva, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Harper

NO VOTE RECORDED: Acosta, Travis Allen, Bigelow, Choi, Eggman, Gallagher, Kiley, Mayes, Melendez, Obernolte, Reyes, Ridley-Thomas, Rubio

Prepared by:

9/2/17 15:43:58

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 1120 (Cooper) - Controlled substances: butane

Bill Summary:

AB 1120 would ban the sale of over 600 milliliters of non-odorized butane in a thirty-day period and require the recording and tracking of butane purchases, as specified.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on September 1, 2017

Fiscal Impact:

• Database: Major short-term costs of about $1.2 million (General Fund) per year for three years to the Department of Justice to design, develop, test, and implement the database. Additionally, the department would require 1.0 Systems Software Specialist III and 1.0 Senior Programmer Analyst to conduct the designing, developing, testing, and implementation of the database.
• Court: Unknown, potentially-significant cost pressures (General Fund*) to the court to adjudicate civil charges brought against defendants who sell butane as proscribed by this measure. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources.
• Unknown potential revenue to the state to the extent that the Attorney General successfully brings civil actions against violators and the money is collected.

*Trial Court Trust Fund

Author Amendments:

Change the criminal penalty of selling butane in violation of this measure to a civil penalty of $2,500.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 1120 (Cooper) - Controlled substances: butane

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1120 would ban the sale of over 600 milliliters of non-odorized butane in a thirty-day period and require the recording and tracking of butane purchases, as specified.

Fiscal Impact:

• Database: Major short-term costs of about $1.2 million (General Fund) per year for three years to the Department of Justice (DOJ) to design, develop, test, and implement the database. Additionally, the department would require 1.0 Systems Software Specialist III and 1.0 Senior Programmer Analyst to conduct the designing, developing, testing, and implementation of the database.
• Court: Unknown, potentially-significant cost pressures (General Fund*) to the court to adjudicate charges brought against defendants who sell butane as proscribed by this measure. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources.

*Trial Court Trust Fund

Background:

Butane is a highly flammable, colorless, odorless, easily-liquefied gas. It is used commonly as fuel for cigarette lighters and portable stoves, a propellant in aerosols, a heating fuel, a refrigerant, and in the manufacture of a wide range of products. Illicitly, it also is used to make butane honey oil, a waxy concentrated marijuana extract. Butane is used because, unlike other liquids, it is non-detectable by sight or smell.

Existing law requires a person or entity that sells any quantity of specified substances to record the date of sale, product description, purchaser’s identification, and other specified information. The seller must retain this information for five years and present it upon demand by any law enforcement officer or authorized representative of the Attorney General. Existing law requires a person or entity that purchases any quantity of these specified substances to record the date of purchase, product description, and other specified information for a period of three years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. A violation of these provisions is a crime.

Proposed Law:

This bill would:

• Require a person or entity that sells any quantity of non-odorized butane, as defined, to a customer, as defined, to record specified information about the transaction, including the identity of the customer and to maintain that information for two years.
• Require DOJ, subject to available funds, to create a database of butane purchases and to post a notice on its website when the database is operational.
• Require sellers of non-odorized butane to keep hard copy records of non-odorized butane sales and to electronically submit a report to DOJ upon request.
• Make it a misdemeanor, punishable by imprisonment in the county jail for up to six month, a fine of up to $1,000, or both, to sell to any one customer, or cause the customer to exceed, more than 600 milliliters of non-odorized butane in a thirty-day period after the database described above is operational.

Related Legislation:

AB 238 (Steinorth, 2017) would prohibit a Manufacturing Level 2 licensee from manufacturing non-medical marijuana products using volatile solvents on property zoned for residential or mixed use. AB 238 is pending a concurrence vote on the Assembly Floor.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: AB 1120 Hearing Date: July 11, 2017

Subject: Controlled Substances: Butane

HISTORY

Source: California Professional Firefighters

Prior Legislation: AB 772 (Baker) Not heard in policy committee 2016

SB 212 (Mendoza) Ch. 141, Stats. of 2015

AB 849 (Bonilla) Vetoed 2015

SB 276 (Vasconcellos) Ch. 369, Stats. of 2003

Support: Association for Los Angeles Deputy Sheriffs; Association of Deputy District Attorneys; California Association of Code Enforcement Officers; California College and University Police Chiefs Association; California District Attorneys Association; California Narcotic Officers Association; California Police Chiefs Association; California State Association of Counties; California State Sheriffs’ Association; City of Anderson; City of San Marcos; Consortium management Group; League of California Cities; Los Angeles County Professional Peace Officers Association; Los Angeles Police Protective League; Riverside Sheriffs’ Association; Rural County Representatives of California

Opposition: American Civil Liberties Union of California (unless amended); California Retailers Association (unless amended); Consumer Specialty Products Association (unless amended); Lighter Association; Western Carwash Association

Assembly Floor Vote: 66 - 1

PURPOSE

The purposes of this bill are to restrict the sale of butane products, as specified, and to create a butane sales database housed in and operated by the Department of Justice (DOJ).

Existing law requires any person or entity that sells, transfers, or otherwise furnishes specified substances, including pseudoephedrine, to a person or entity to submit a report to DOJ for each transaction. The report must include the identification information about the purchaser. (Health & Saf. Code, § 11100, subd. (a).)

Existing law requires any person or entity that sells or transfers one of specified substances, including pseudoephedrine, to any person or business entity to obtain the purchaser’s proper identification, as specified, and a letter of authorization from the purchaser which includes the purchaser’s business license number or Drug Enforcement Agency (DEA) registration number, the address of the business, and a full description of how the substance is to be used. The information must be retained “in a readily available manner” for three years. (Health & Saf. Code, § 11100, subd. (c)(1)(A).)

Existing law requires any manufacturer, wholesaler, retailer, or other person or entity that sells, transfers, or otherwise furnishes specified substances to a person or business entity to, not less than 21 days prior to delivery of the substance, submit a report of the transaction, which includes the specified identification information, to DOJ. (Health & Saf. Code, § 11100, subd. (d).)

Existing law provides that any person required to submit a report to DOJ who fails to submit a report or who knowingly submits a report with false or fictitious information shall be punished by imprisonment in a county jail not exceeding six months, by a fine not exceeding $5,000, or by both the fine and imprisonment. A subsequent violation is punishable by a prison term of 16 months, two years or three years, or by a county jail term of up to one year, a fine of up to $100,000, or both such fine and imprisonment. (Health & Saf. Code, § 11100, subd. (f).)

Existing law provides that it is unlawful for any manufacturer, wholesaler, retailer, or other person to sell, transfer, or otherwise furnish specified substances to a person under 18 years of age. Existing law further provides that it is unlawful for any person under 18 years of age to possess any of those specified substances. (Health & Saf. Code, § 11100, subds. (g)(1) & (g)(2).)

Existing law provides that it is unlawful for a retailer to sell in a single transaction more than three packages, or nine grams, of a product that he or she knows to contain ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine. This offense is a misdemeanor, punishable by a county jail term of up to six months, a fine of up to $1,000, or both. (Health & Saf. Code, § 11100, subd. (g)(3).)

Existing law requires DOJ to provide a common reporting form for specified substances subject to a reporting requirement. The reporting form is required to include at least the following information:

1. Name of the substance.
2. Quantity of the substance sold, transferred, or furnished.
3. The date the substance was sold, transferred, or furnished.
4. The name and address of the person buying or receiving such substance.
5. The name and address of the manufacturer, wholesaler, retailer, or other person selling, transferring, or furnishing such substance. (Health & Saf. Code, § 11101.)

Existing law provides that any manufacturer, wholesaler, retailer, or other person or entity that sells, transfers, or otherwise furnishes specified substances with knowledge or the intent that the recipient will use the substance to unlawfully manufacture a controlled substance is guilty of a felony. (Health & Saf. Code, § 11104, subd. (a).)

Existing law provides that any manufacturer, wholesaler, retailer, or other person or entity that sells, transfers, or otherwise furnishes any laboratory glassware or apparatus, any chemical reagent or solvent, or any combination thereof, or specified chemical substances, with knowledge that the recipient will use the goods or chemical substance to unlawfully manufacture a controlled substance, is guilty of a misdemeanor. (Health & Saf. Code, § 11104, subd. (b).)

Existing law requires any manufacturer, wholesaler, retailer, or other person or entity that sells to any person or entity any laboratory glassware or apparatus, any chemical reagents or solvents, or any combination therof, where the value of the goods exceeds $100, to prepare a bill of sale with specified information, including the proper purchaser identification information. The bill of sale is required to be retained for five years, as specified. The bill of sale must be presented to law enforcement or any authorized representative of the Attorney General upon request. A violation of these provisions is a misdemeanor. (Health & Saf. Code, § 11107.)

Existing law requires any manufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity any quantity of sodium cyanide, potassium cyanide, cyclohexanone, bromobenzene, magnesium turnings, mercuric chloride, sodium metal, lead acetate, palladium black, hydrogen chloride gas, trichlorofluoromethane (fluorotrichloromethane), dichlorodifluoromethane, 1,1,2-trichloro-1,2,2-trifluoroethane (trichlorotrifluoroethane), sodium acetate, or acetic anhydride to do the following:

1. In any face-to-face or will-call sale, the seller is required to prepare a bill of sale which identifies the date of sale, cost of sale, method of payment, the specific items and quantities purchased and the proper purchaser identification information. The seller is required to sign the bill of sale. (Health & Saf. Code, § 11107.1, subd. (a)(1)(A).)
   
2. Requires the seller to retain the original bill of sale containing the purchaser identification information for five years, and present the bill of sale upon demand by any law enforcement officer; and (Health & Saf. Code, § 11107.1, subd. (a)(1)(C).)
   
3. Specifies that “proper purchaser identification” includes a valid driver’s license or other official and valid state-issued identification of the purchaser that contains a photograph of the purchaser, and includes the address of the purchaser, the motor vehicle license number of the motor vehicle used by the purchaser at the time of purchase, a description of how the substance is to be used, the signature of the purchaser, and other specified information. (Health & Saf. Code, § 11107.1, subd. (a)(1)(B).).

Existing law requires the seller to maintain the following sales information for all sales other than face-to-face or will-call sales: the name and address of the purchaser, date of sale, product description, cost of product, method of payment, method of delivery, delivery address, and valid identifying information. The seller is required to maintain this information for five years. (Health & Saf. Code, § 11107.1, subd. (a)(2)(A).)

Existing law specifies that “valid identifying information” includes two or more of the following: federal tax identification number; resale tax identification number; city or county business license number; license issued by the State Department of Public Health; registration number issued by the federal Drug Enforcement Administration; precursor business permit number issued by the Department of Justice; driver’s license; or other identification issued by a state. (Health & Saf. Code, § 11107.1, subd. (a)(2)(B).)

Existing law requires the seller, upon the request of any law enforcement officer or any authorized representative of the Attorney General, produce a report or record of sale containing the information in a readily presentable manner. (Health & Saf. Code, § 11107.1, subd. (a)(2)(C).)

Existing law requires, if a common carrier is used, the seller to maintain a manifest regarding the delivery in a readily presentable manner for five years. (Health & Saf. Code, § 11107.1, subd. (a)(2)(D).)

Existing law requires any manufacturer, wholesaler, retailer, or other person or entity that purchases specified chemical substances to do the following:

1. Provide on the record of purchase information on the source of the items purchased, the date of purchase, a description of the specific items, the quantities of each item purchased, and the cost of the items purchased; and
2. Retain the record of purchase for three years in a readily presentable manner and present the record of purchase upon demand to any law enforcement officer or authorized representative of the Attorney General. (Health & Saf. Code, § 11107.1, subds. (b)(1) & (b)(2).)

Existing law provides that a first violation for failing to record and maintain the required information is a misdemeanor. A subsequent conviction shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding $100,000, or both the fine and imprisonment. (Health & Saf. Code, § 11107.1, subds. (c)(1) & (c)(2).)

Existing law provides that every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, specified controlled substance, including marijuana, shall be punished by imprisonment for three, five, or seven years and by a fine not exceeding $50,000. (Health & Saf. Code, § 11379.6, subd. (a).)

Existing law provides that the fact that a person under 16 years of age resided in a structure in which a violation of this section involving methamphetamine occurred shall be considered a factor in aggravation by the sentencing court. (Health & Saf. Code, § 11379.6, subd. (b).)

Existing law provides that the fact that a violation of this section involving methamphetamine occurred within 200 feet of an occupied residence or any structure where another person was present at the time the offense was committed may be considered a factor in aggravation by the sentencing court. (Health & Saf. Code, § 11379.6, subd. (c).)

Existing law specifies that any person who has under his or her management or control any building, room, space, or enclosure, who knowingly rents, leases, or makes available for use, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or for imprisonment for 16 months, two years or three years in the county jail. (Health & Saf. Code, § 11366.5, subd. (a).)

Existing law provides, subject to other provisions of law, that it is lawful under state and local law for persons 21 years of age or older to possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of marijuana in the form of concentrated cannabis, including as contained in marijuana products. (Health & Saf. Code, § 11362.1, subd. (a)(1).)

Existing law provides that it is unlawful to manufacture concentrated cannabis using a volatile solvent unless done in accordance with a specified license. This is punishable by imprisonment for three, five, or seven years. (Health & Saf. Code, §§ 11362.3, subd. (a)(6) & 11362.4, subd. (d))

Existing federal law provides very detailed restrictions and requirements for the retail sale of ephedrine, pseudoephedrine, norpseudoephedrine or phenylpropanolamine. These restrictions include, in part, restrictions on the amount of that may be purchased per transaction, restrictions on the amount of that may be purchased in a 30-day period, record keeping requirements for the seller, and identification requirements for the purchaser. Existing federal law provides penalties for violations of the purchase limits, distribution limits, and recording requirements. (21 U.S.C. §§ 830(e), 841(c), & 844(a).)

This bill provides that it is unlawful for a manufacturer, wholesaler, reseller, retailer, or other person or entity to sell to any one customer more than 600 milliliters of nonodorized butane in any 30-day period.

This bill provides that it is unlawful for manufacturers, wholesalers, resellers, retailers, or other persons or entities to knowingly or negligently sell to any one customer a quantity of nonodorized butane that would cause the customer to exceed 600 milliliters of nonodorized butane purchased from all sellers in any 30-day period. This subdivision is not enforceable until the butane sales database system is operational, as determined by DOJ.

This bill provides that the reasonable reliance on information contained in the butane sales database is an affirmative defense to the crime of knowingly or negligently selling to any one customer a quantity of nonodorized butane that would cause the customer to exceed 600 milliliters of nonodorized butane purchased from all sellers in any 30-day period.

This bill provides that the following transactions are exempt from the limitations on the quantity of nonodorized butane that can be purchased in a 30-day calendar period:

1. Butane sold to manufacturers, wholesalers, resellers, or retailers solely for the purpose of resale.
2. Butane sold to a person for use in a lawful commercial enterprise, including, but not limited to, a volatile solvent extraction activity licensed under the Business and Professions Code or a medical cannabis collective or cooperative described in Health and Safety Code section 11362.7, subdivision (b), operating in compliance with all applicable state licensing requirements and local regulations governing that type of business.
3. The sale of lighters, torch lighters, or other appliances that contain or use nonodorized butane for fuel and contain less than 250 milliliters of nonodorized butane.

This bill provides that for every sale of nonodorized butane that is not exempted, the seller is required to record and maintain on its premises for two years after the date of the sale, the following information:

1. The name, address, and date of birth of the customer, as obtained from his or her valid driver’s license or other government-issued photo identification;
2. The date and time of the sale;
3. The brand and quantity of butane purchased; and,
4. The full name of the person who processed the sale.

This bill provides that a violation of any provision is a misdemeanor.

This bill requires DOJ, contingent upon the availability of adequate funds and in collaboration with stakeholders representing the sellers of nonodorized butane who are required to report and collect information pursuant to this section, to develop and maintain an electronic database system for the electronic monitoring of and Internet access to information regarding the amount of butane purchased by individual customers. The database system will allow retailers to automatically synchronize purchases and provide real time alerts of any purchases in violation of the restrictions on butane purchases.

This bill provides that the database system is required to be developed in one of the following three ways:

1. The database system may be based upon the expansion of an existing electronic database.
2. The database system may be an existing product, which is available for use by retail sellers of nonodorized butane to customers, as determined by DOJ.
3. The database system may be a newly created product.

This bill requires DOJ to post a notification on its Internet Web site when the butane sales database is operational.

This bill requires all manufacturers, wholesalers, resellers, retailers, or other persons or entities selling nonodorized butane to customers to keep hard copy records of nonodorized butane sales.

This bill requires any manufacturer, wholesaler, reseller, retailer, or other person or entity that sells nonodorized butane and is not exempted from the restrictions on butane sales to electronically submit a quarterly report of all sales involving nonodorized butane, including all of the information required to be collected, to the DOJ upon request.

This bill provides the following definitions:

1. “Customer” means any person or entity that purchases or acquires nonodorized butane from a seller during a transaction other than manufacturers, wholesalers, resellers, or retailers that are purchasing butane solely for the purpose of resale, or persons or entities buying butane for use in a lawful commercial cannabis enterprise as described above.
2. “Nonodorized butane” means iso-butane, n-butane, butane, or a mixture of butane and propane of any power that may also use the words “refined,” “pure,” “purified,” “premium,” or “filtered,” to describe the butane or butane mixture, which does not contain ethyl mercaptan or a similar odorant.
3. “Sell” or “sale” means to furnish, give away, exchange, transfer, deliver, surrender, distribute, or supply, in exchange for money or any other consideration.
4. “Seller” means any person, business entity, or employee thereof that sells nonodorized butane to any customer within this state.

COMMENTS

1. Need for This Bill

According to the author:

Public safety personnel, including firefighters, face an injury risk that is unique, and uniquely dangerous. Even when training, their hazards and physical demands are greater than most any other employee’s day-to-day job. One such hazard is the increase in the criminal production of butane honey oil (BHO).

According to the U.S. Fire Administration, home-grown labs that separate and extract hash oil from marijuana are a dangerous and growing trend, particularly on the West Coast and in states where marijuana is legal or decriminalized. Fires and explosions in these illicit death traps blow out windows, eviscerate buildings and create a risk to life and limb comparable to (and in some cases exceeding) those created by methamphetamine labs. For example, In April 2015, the California Alliance of Drug-Endangered Children reported that 41 marijuana lab deaths had occurred in California between 2011 and April 2015. Among those deaths were three children. Other fire and life safety examples of why AB 1120 is needed include:

• • December, 2016, two Los Angeles-area men are critically injured after a portion of their home suspected of being used as a honey oil lab explodes.
  • May 2015, a Nevada City, CA man is thought to have caused an explosion in his home’s kitchen, which injured his baby and fiancée. Investigators suspect that honey oil production caused the blast.
  • April 2015, a 33-year-old Redding, CA man dies after honey oil production caused an explosion inside a detached garage adjacent to the main residence. The man was one of five who suffered burn injuries as a result of the explosion, which almost completely destroyed the garage.
  • January 2013, three people suffer life-threatening burns after being injured in a San Diego, CA hotel room explosion where butane was ignited by a man in the room who lit a cigarette.

Additionally, BHO lab explosions can lead to secondary explosions and fires which put even more innocent lives at risk. Additionally, public safety personnel are exposed to high levels of toxic carcinogens. The off gassing and smoke venting from a BHO lab explosion is highly toxic. The cumulative effect of exposure to these types of toxins can be devastating, leading to deadly and debilitating diseases such as cancer, heart and lung disease.

The many risks to life and limb from these labs can be largely traced to the presence of large quantities of butane on these premises. Since, by their nature, these labs operate out of the view of fire and safety codes, it’s important and appropriate to take steps to keep these underground operations from putting our responders, and innocent victims, at risk.

Every time firefighters enter a structure fire, they are confronted with a haze of toxins and compounds released by smoldering products. When burned, butane and other combustible materials used in the extraction of honey oil can contribute to the already high rates of certain cancer among firefighters. Toxic gasses seep into a firefighter’s protective clothing and sometimes penetrate their breathing apparatus. During overhaul and mop-up operations, toxins are still being produced and firefighters are at risk of directly inhaling them. And, when a firefighter returns to the station after responding to a BHO lab explosion, the toxins may be on their protective equipment, adding another toxic exposure pathway for the men and women back at the firehouse.

These illegal labs do not care about rules or regulations when they are working with butane. The labs are set up recklessly, the gas leaks, fills a confined space and when it is exposed to an open flame or electrical spark it explodes, violently. Many of the victims from these explosions are totally unaware of the dangers surrounding them. In April 2015, the California Alliance of Drug-Endangered Children reported that 41 marijuana lab deaths had occurred in California between 2011 and April 2015. Among those deaths were three children.

AB 1120 will require that when butane is sold the retailer must record and keep limited information on the purchase. This information will help law enforcement track unusual purchases of butane and help them weed out illegal manufacturers of honey oil. This type of “point of sale” regulation works. It has been very effective in the detection and dismantling of methamphetamine

2. Butane and Its Commercial Uses

Butane is a hydrocarbon and a highly flammable, colorless, odorless, easily liquefied gas. It is commonly used as fuel for cigarette lighters and portable stoves, a propellant in aerosols, a heating fuel, a refrigerant, and in the manufacture of a wide range of products. When blended with propane and other hydrocarbons, it may be referred to commercially as liquefied petroleum gas (LPG).

3. Uses of Butane in Cannabis-Related Operations

Butane honey oil (BHO) is the end product of the process of using butane to extract THC and other cannabinoids from marijuana leaves and flowers. The process typically involves placing raw plant material into a tube, usually glass, stainless steel or PVC. The tube is open at one end and has some type of filter at the other. A solvent, typically liquid butane, is then shot through the top of the tube and quickly dissolves the cannabinoids in marijuana. A solution of cannabinoids, waxes, and oil dissolved in butane comes out of the other end. The butane is then removed from the butane/cannabis wax solution via evaporation. The remaining BHO has a texture that varies from glass-like to oily. The substance, usually golden amber, hardens into a thin layer that can be broken into pieces smaller than a pea, heated and consumed using a specially designed bong. Post extraction treatments include washing with alcohol, whipping, and other steps to remove the butane smell, remove the plant waxes, and alter the appearance. (See <https://www.theweedblog.com/what-is-marijuana-butane-hash-oil-bho-and-is-it-safe/> ; <http://www.oregonlive.com/marijuana/index.ssf/2014/05/butane_hash_oil_glossary_of_te.html [as of Jul. 4, 2017].) A website providing instructions on how to manufacture BHO recommends using 10 ounces of butane per one ounce of marijuana. (<http://www.ilovegrowingmarijuana.com/making-marijuana-bho-safely/> [as of Jul. 4, 2017].)

Butane can also be used to power carbon dioxide generators that help indoor marijuana plants grow, and some growers rely on tanks of butane gas or propane to avoid using large amounts of metered gas that could draw attention to the utility company. (<http://www.latimes.com/nation/nationnow/la-na-pot-labs-20161001-snap-story.html> [as of Jul. 5, 2017].)

4. Incidents of Marijuana Lab Explosions

There have been a number of marijuana lab explosions across the country in recent years. (<http://www.latimes.com/nation/nationnow/la-na-pot-labs-20161001-snap-story.html> [as of Jul. 5, 2017].) These explosions have caused injuries, deaths, and serious damage to homes, apartments, motels, and other structures. (<http://abc7.com/news/man-severely-burned-in-drug-lab-explosion-in-pasadena/1831735/>; <http://www.foxla.com/news/local-news/215288932-story>; <http://www.ocregister.com/2017/06/08/this-marijuana-regulation-could-prevent-explosions/>; <http://www.theunion.com/news/local-news/man-burned-in-suspected-butane-honey-oil-lab-explosion-sent-to-hospital-authorities-say/#> [as of Jul. 5, 2017].) Following a BHO lab explosion in April 2017, a detective with the L.A. IMPACT drug task force reported that “a third of the labs we go to of this type have already blown up.” (<http://ktla.com/2017/06/18/2-suspects-injured-during-marijuana-honey-oil-lab-explosion-in-south-el-monte/> [as of Jul. 5, 2017].)

5. Concentrated Cannabis and Proposition 64

California voters approved Proposition 64, the Adult Use of Marijuana Act, in November 2016. After the passage of Proposition 64, it is now legal for an individual over 21 years of age to possess less than 4 grams of concentrated cannabis, which includes BHO. However, it is still illegal for individuals to manufacture BHO without a license. If manufacturing BHO without a license, an individual could be sentenced to three, five, or seven years of imprisonment upon conviction.

6. The National Precursor Log Exchange

The National Precursor Log Exchange (NPLEx™) is a real-time electronic logging system used by pharmacies and law enforcement to track sales of over-the-counter (OTC) cold and allergy medications containing precursors to methamphetamine. The majority of states now require real-time electronic monitoring of precursor purchases through this national database to comply with federal pseudoephedrine tracking laws. Because there are no federal laws regulating the sale of butane, no federal database tracking butane sales exists.

7. Regulation of Butane Sales

Currently, several counties and municipalities in California regulate the sale of butane. No other states have a statewide butane sales database. The following chart includes information regarding restrictions on butane sales as well as recording requirements for transactions by jurisdiction.

8. What This Bill Does

This bill limits the amount of butane that can be sold to any one customer in a 30-day period to 600 milliliters. The bill specifies that it is unlawful for manufacturers, wholesalers, resellers, retailers, or other persons or entities to knowingly or negligently sell to any one customer a quantity of nonodorized butane that would cause the customer to exceed 600 milliliters of nonodorized butane purchased from all sellers in any 30-day period. This bill specifies the types of transactions that are exempt from these restrictions. The exemptions generally cover business-to-business transactions, licensed commercial cannabis operations, and the sale of lighters, butane torches, and other containers that contain less than 250 milliliters of butane.

This bill requires sellers of butane not exempted from the sales restrictions to record all butane sales transactions. The record is required to include specified information, including purchaser information, the brand and quantity of the butane purchased, the name of the employee who processed the sale, and the date and time of the sale. Sales records must be kept for two years. Sellers are required to keep a hard copy of the sale records, and to submit an electronic report to DOJ upon request.

This bill also requires DOJ, contingent upon funding, to develop and maintain an electronic database that would aid the entities subject to the butane sales restrictions and recording requirements. DOJ would have to collaborate with relevant stakeholders in designing the database. The database would be designed to provide information and alerts in real time to those accessing it. The provision pertaining to liability associated with “knowingly or negligently selling to any one customer a quantity of nonodorized butane that would cause the customer to exceed 600 milliliters of nonodorized butane purchased from all sellers in any 30-day period” is not enforceable until the DOJ database if operation. DOJ is required to post a notice on its website when the database is operational. Notably, the provision that makes it unlawful to sell to any one customer more than 600 milliliters of nonodorized butane in any 30-day period would be enforceable prior to the DOJ database being operational.

A violation of any of the provisions in this newly created Penal Code section is a misdemeanor.

This bill does not address the regulation of Internet sales of butane. It is unclear how the provisions of this bill, including the limit on sales and the recording and reporting requirements would apply to such a retailer, if at all.

Although sellers of butane do not have to comply with the provision making it unlawful to “knowingly or negligently selling to any one customer a quantity of nonodorized butane that would cause the customer to exceed 600 milliliters of nonodorized butane purchased from all sellers in any 30-day period” until the DOJ database is operational, sellers would have to comply with the provision prohibiting the sale of more than 600 milliliters of butane to any one customer in any 30-day period prior to the database being operational. It is unclear if all sellers of butane would be able to track sales across all of its locations in order to comply with this provision. For example, while a larger retailer may already have systems in place to comply with the sales restriction, it is unclear if a smaller chain with retail outlets would be able to track butane sales across all of its stores, prior to the operation of the DOJ database, such that the company would be in compliance.

9. Related Legislation

AB 238 (Steinhorth) would prohibit a Manufacturing Level 2 licensee from manufacturing non-medical marijuana products using volatile solvents on property zoned for residential or mixed use. AB 238 passed out of the Senate Business, Professions, and Economic Development Committee. It is eligible for a floor vote.

10. Argument in Support

According to the California Professional Firefighters, the bill’s sponsor:

BHO or ‘honey oil’, is a cannabis product produced by filling a cylindrical glass or stainless steel canister with marijuana and then flooding the canister with a solvent -- usually butane. The butane strips the plant matter of its cannabinoid-

containing oils, resulting in a mixture of psychotropic plant oil and chemicals that must then purified in order to remove traces of the butane. Butane is necessary for the production of BHO. It can be purchased over-the-counter in 8-ounce cans and while the extraction process typically uses one whole can, it’s likely that dozens or even hundreds of cans of butane are on site where BHO is being produced, thereby significantly increasing fire and life safety risks.

Butane canisters are pressurized and contain compressed, highly flammable gas. Ultimately, butane canisters that are compromised due to high heat and still pressurized pose a serious explosive threat. In addition to being highly explosive, butane is colorless, odorless and heavier than air. It can travel along the floor until encountering an ignition source.

According to the US Fire Administration, separating hash oil from marijuana is an illicit extraction that appears to be a growing and dangerous trend in the United States -- particularly more common on the west coast where reported fires and explosions have blown out windows, walls and caused numerous burn injuries and even deaths. For example, In April 2015, the California Alliance of Drug-Endangered Children reported that 41 marijuana lab deaths had occurred in California between 2011 and April 2015. Among those deaths were three children.

Initial BHO lab explosions can lead to secondary explosions and fires and, in states with legalized use and availability of marijuana, such as California, these incidents appear to be increasing. Secondary hazards associated with such explosions include exposing firefighters to toxic carcinogens at high levels due to the materials involved. The off gassing and smoke venting from a BHO lab explosion is highly toxic. Every time firefighters enter a structure fire, they are confronted with a haze of toxins and compounds released by smoldering products. When burned, butane and other combustible materials used in the extraction of honey oil can contribute to the already high rates of certain cancer among firefighters.

Toxic gasses seep into a firefighter’s protective clothing and sometimes penetrate their breathing apparatus. During overhaul and mop-up operations, toxins are still being produced and firefighters are at risk of directly inhaling them. And, when a firefighter returns to the station after responding to a BHO lab explosion, the toxins may be on their protective equipment, adding another toxic exposure pathway for the men and women back at the firehouse. The cumulative effect of toxic exposures over the course of a career can be devastating: Not only cancer, but heart, lung and other debilitating diseases can be traced to prolonged exposure to toxins like those found in hazardous chemicals.

11. Argument in Opposition

The California Retailers Association writes:

While sales tracking in general appears to be effective in limiting consumer access to excessive and potentially dangerous amounts of butane, AB 1120 does not allow for an electronic repository for such information, thus allowing individuals to keep purchasing more butane from store to store, undermining the intent of this legislation….Furthermore, very private customer information would have to be manually logged and maintained increasing administrative burden to comply with AB 1120.

An ideal approach to sales regulation is one that is partnered with an electronic tracking system in order to ensure the law’s effectiveness. We have seen this accomplished with pseudoephedrine and more recently, ammo sales for California. As a practical matter, CRA strongly recommends to the author inclusion of an electronic tracking system….Electronic tracking would offer real time information regarding purchases and can be an effective tool for retailers to identify customers who have exceeded purchase limits, thereby preventing illegal sales.

CRA shares the author’s concerns about the misuse of butane in illegal productions of honey/hash oil. Unregulated amounts of butane have caused dangerous explosions, elevating the need to address such activity. However, the proposed method of regulating such products, which have many legal uses, presents various challenges with implementation.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1120

Author:(Cooper and Dahle)

As Amended Ver:April 25, 2017

Majority vote

SUMMARY: Makes it unlawful for a manufacturer, wholesaler, retailer, or other person or entity to sell to any one customer more than 600 milliliters of nonodorized butane in any 30-day period, with specified exemptions. Requires any seller of any quantity of nonodorized butane to record specified information about the purchaser and the sale. Specifically, this bill:

1. It is unlawful for a manufacturer, wholesaler, retailer, or other person or entity to sell to any one customer more than 600 milliliters of nonodorized butane in any 30-day period.
2. Provides exemptions for the following transactions:
   1. Butane sold to a manufacturer or wholesaler solely for the purpose of resale; and
   2. Butane sold to a person for use in a lawful commercial enterprise, including, but not limited to, a medical cannabis collective or cooperative described in Health and Safety Code Section 11362.775, operating in compliance with all applicable state licensing requirements and local regulations governing that type of business.
3. States that for every sale of nonodorized butane to a customer subject to the 600 milliliter/month limit, the seller shall record and maintain on the premises of the seller for a period of not less than two years after the date of the sale, the name, address, and date of birth of the customer, as obtained from his or her valid driver's license or other government-issued photo identification.
4. Specifies that for sales made to persons or entities not subject to the 600 milliliters/month limit, the seller shall record and maintain on the premises of the seller for a period of not less than two years after the date of the sale, the following information:
   1. The name and address of the business, a description of the type of business, and a business license number, if applicable;
   2. The date and time of the sale;
   3. The brand and quantity of butane purchased; and
   4. The full name of the person who processed the sale.
5. Specifies that a violation of the limitation on butane sales in a 30 day period or of the recording requirements of this bill is a misdemeanor.
6. States that the Department of Justice shall establish a database to track the sale of nonodorized butane within the state.
7. Requires any manufacturer, wholesaler, retailer, or other person or entity that sells nonodorized butane to submit a quarterly report to the Department of Justice of all sales involving nonodorized butane, including information, as specified.
8. States that implementation of the database shall be subject to an appropriation in the annual Budget Act or other measure.
9. Defines "customer" for purposes of this bill as any person or entity that purchases or acquires nonodorized butane from a seller during a transaction.
10. Defines "nonodorized butane" for purposes of this bill as iso-butane, n-butane, or refined butane of any power that uses the words "refined," "pure," "purified," "premium," or "filtered," to describe the butane, or which does not contain ethyl mercaptan or a similar odorant.
11. Defines "Sell" or "sale" for purposes of this bill as to furnish, give away, exchange, transfer, deliver, surrender, distribute, or supply, in exchange for money or any other consideration.
12. Defines "Seller" for purposes of this bill as any person, business entity, or employee thereof that sells nonodorized butane to any customer within this state.

EXISTING LAW:

1. Requires any manufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity in this state or any other state any quantity of sodium cyanide, potassium cyanide, cyclohexanone, bromobenzene, magnesium turnings, mercuric chloride, sodium metal, lead acetate, palladium black, hydrogen chloride gas, trichlorofluoromethane (fluorotrichloromethane), dichlorodifluoromethane, 1,1,2-trichloro-1,2,2-trifluoroethane (trichlorotrifluoroethane), sodium acetate, or acetic anhydride to do the following:
   1. In any face-to-face or will-call sale, the seller shall prepare a bill of sale which identifies the date of sale, cost of sale, method of payment, the specific items and quantities purchased and the proper purchaser identification information, all of which shall be entered onto the bill of sale;
   2. Requires the seller to retain the original bill of sale containing the purchaser identification information for five years, and present the bill of sale upon demand by any law enforcement officer; and
   3. Specifies that "proper purchaser identification" includes a valid driver's license or other official and valid state-issued identification of the purchaser that contains a photograph of the purchaser, and includes the address of the purchaser, the motor vehicle license number of the motor vehicle used by the purchaser at the time of purchase, a description of how the substance is to be used, and other specified information..
2. Specifies that notwithstanding any other law, in all sales other than face-to-face or will-call sales the seller shall maintain for a period of five years the following sales information: the name and address of the purchaser, date of sale, product description, cost of product, method of payment, method of delivery, delivery address, and valid identifying information.
3. Requires the seller, upon the request of any law enforcement officer or any authorized representative of the Attorney General, produce a report or record of sale containing the information in a readily presentable manner.
4. Requires, if a common carrier is used, the seller maintain a manifest regarding the delivery in for a period of five years.
5. Requires any manufacturer, wholesaler, retailer, or other person or entity in this state that purchases any item listed in Health and Safety Code Section 11107.1 subdivision (a) shall do the following:
   1. Provide on the record of purchase information on the source of the items purchased, the date of purchase, a description of the specific items, the quantities of each item purchased, and the cost of the items purchased; and
   2. Retain the record of purchase for three years in a readily presentable manner and present the record of purchase upon demand to any law enforcement officer or authorized representative of the Attorney General.
6. Specifies that a first violation for failing to record and maintain the required information is a misdemeanor.
7. States that a person who has previously been convicted of such a violation shall, upon a subsequent conviction thereof, be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding one hundred thousand dollars ($100,000), or both the fine and imprisonment.
8. Provides that any person or entity that sells or transfers one of a list of specified chemical precursors, including pseudoephedrine, must obtain the purchaser's proper identification, as specified, and a letter of authorization from the purchaser which includes the purchaser's business license number or Drug Enforcement Agency (DEA) registration, the address of the business and a description of how the chemical is to be used. The information must be retained "in a readily available manner" for three years.
9. Requires any person or entity that sells, transfers, or otherwise furnishes a specified chemical precursor to another person or entity must submit a report to DOJ, generally within 21 days, of each transaction. The report must include the identification information about the purchaser.
10. Provides that violation of restricted chemical reporting requirements (for transferring or obtaining restricted chemicals) is misdemeanor. A first-time violation is punishable by a county jail term of up to six months, a fine of up to 5,000, or both. A subsequent violation is an alternate felony-misdemeanor, punishable by a prison term of 16 months, two years or three years for a felony, a county jail term of up to one year, a fine of up to $100,000, or both such fine and imprisonment.
11. Requires specified recording and tracking of transactions involving laboratory glassware, apparatus and chemical reagents where the value of the material exceeds $100. The purchaser must present valid identification. The bill of sale must be retained for three years, as specified. The document must be presented to law enforcement upon request A violation of these provisions is a misdemeanor punishable by imprisonment in a county jail not exceeding 6 months, by a fine not exceeding $1,000, or both.
12. Provides that it is unlawful for a retailer to sell in a single transaction more than three packages, or nine grams, of a product that he or she knows to contain ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine. This offense is a misdemeanor, punishable by a county jail term of up to six months, a fine of up to $1,000, or both.
13. States that except as otherwise provided by law, every person who manufactures, produces, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance as specified, including marijuana, shall be punished by imprisonment pursuant to realignment for three, five, or seven years and by a fine not exceeding $50,000.
14. States that the fact that a person under 16 years of age resided in a structure in which a violation of this section involving methamphetamine occurred shall be considered a factor in aggravation by the sentencing court.
15. Specifies that any person who has under his or her management or control any building, room, space, or enclosure, who knowingly rents, leases, or makes available for use, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or up to three years in the county jail pursuant to realignment.
16. States that subject to certain qualifications, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of marijuana in the form of concentrated cannabis, including as contained in marijuana products.
17. Provides that it is crime to manufacture of concentrated cannabis using a volatile solvent punishable by imprisonment for three, five, or seven years, unless done in accordance with a specified license.
18. Includes very detailed restrictions and requirements for the retail sale of ephedrine, pseudoephedrine, norpseudoephedrine or phenylpropanolamine. These restrictions include, in part:
    1. No more than 3.6 grams in a single transaction;
    2. No more than 9 grams per customer in a one-month period;
    3. If the drug is obtained through postal or similar delivery, no more than 7.5 grams can be so obtained;
    4. Seller must maintain a written or electronic logbook of each sale, including the date of the transaction, the name and address of the purchaser and the quantity sold;
    5. The purchaser must present valid identification, as specified, and the seller must verify the identification;
    6. The purchaser must sign a paper or electronic logbook, as specified;
    7. The seller must maintain these documents, as specified; and
    8. Law enforcement shall have access to the information pursuant to regulations adopted by DOJ.
19. Provides the following penalties:
    1. Violation of the 9 gram purchase limit is a misdemeanor;
    2. Violation of record-keeping laws is a misdemeanor, with specified exceptions;
    3. Violation of the distribution limits is punishable by imprisonment for up to five years (pursuant to the federal sentencing guidelines); and
    4. Distribution of pseudoephedrine with knowledge that it will be used to manufacture a controlled substance, or intentional evasion of record keeping or reporting requirements, is subject to imprisonment for up to 10 years, or up to 20 years, as specified.
20. Includes an exception to the log book recording of transactions in the case of a transaction that involves a single package that contains not more than 60 milligrams of psuedoephedrine.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Budget pressure in excess of $1 million for the DOJ to establish and maintain a database for the required information that will be submitted by the sellers collected from the buyers of butane. The requirements for the quarterly submittals by sellers and for DOJ to establish a database are subject to an appropriation in the Budget Act, or any other measure.
2. Unknown nonreimbursable local costs for misdemeanor incarcerations, offset to a degree by fine revenue.

COMMENTS: According to the author, "Illicit honey oil labs extract honey oil (once called hash oil) by heating up marijuana, including stems, to a point where the THC filled oil is separated from the plant material. To get to this "extraction point" a flammable substance must be used. The substance of choice is butane. Butane is used because unlike other liquids/gases it is non-detectible by sight or smell. This makes it desirable because it doesn't taint the final product and it is undetectable to law enforcement.

"These illegal labs do not care about rules or regulations when they are working with butane. The labs are set up recklessly, the gas leaks, fills a confined space and when it is exposed to an open flame or electrical spark it explodes, violently. Many of the victims from these explosions are totally unaware of the dangers surrounding them. In April 2015, the California Alliance of Drug-Endangered Children reported that 41 marijuana lab deaths had occurred in California between 2011 and April 2015. Among those deaths were three children.

"AB 1120 will require that when butane is sold the retailer must record and keep limited information on the purchaser. This information will help law enforcement track unusual purchases of butane and help them weed out illegal manufacturers of honey oil. This type of "point of sale" regulation works. It has been very effective in the detection and dismantling of methamphetamine labs by tracking pseudoephedrine sales. AB 1120 will apply these similar principles to butane to assist in preventing more public safety hazards due to illicit honey oil extraction using butane."

Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0000577

Date of Hearing: May 17, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1120

Author:(Cooper) – As Amended Ver:April 25, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill makes it unlawful for any person to purchase more than 600 milliliters of butane in a 30- day period, with some exceptions for commercial or wholesale purchases, and requires a person who sells butane to record specified information on the buyer and submit that information to the Department of Justice (DOJ) on quarterly basis. A violation of these provisions is a misdemeanor, punishable by up to six months in county jail and/or a fine of up to $1,000. The DOJ is required to establish a database of all information submitted quarterly by the sellers of butane, contingent on an appropriation for this purpose.

FISCAL EFFECT:

1. Budget pressure in excess of $1 million for the DOJ to establish and maintain a database for the required information that will be submitted by the sellers collected from the buyers of butane. The requirements for the quarterly submittals by sellers and for DOJ to establish a database are subject to an appropriation in the Budget Act, or any other measure.
2. Unknown nonreimbursable local costs for misdemeanor incarcerations, offset to a degree by fine revenue.

COMMENTS:

1. Purpose. The intended purpose of this bill is to help law enforcement track unusual purchases of butane and help them weed out illegal manufacturers of honey oil - a waxy concentrated cannabis extract made by pushing liquid butane through a tube packed with marijuana.. The author believes the of “point of sale” type of regulation proposed in this bill works. It has been very effective in the detection and dismantling of methamphetamine labs by tracking pseudoephedrine sales.
2. Background. Illicit honey oil labs extract honey oil (once called hash oil) by heating up marijuana, including stems, to a point where the THC-filled oil is separated from the plant material. To get to this “extraction point” a flammable substance must be used. The substance of choice is butane. Butane is used because unlike other liquids/gases it is non-detectible by sight or smell.

Butane, a gas at room temperature, is commonly used as a fuel, it is colorless, flammable, and easily liquefied. Its common uses include lighter fluid, butane torches (crème brulee), and fuel for camping stoves. In camping sizes the fuel canisters are frequently 8 ounces (236 milliliters) in size.

1. The National Precursor Log Exchange. The National Precursor Log Exchange (NPLEx™) is a real-time electronic logging system used by pharmacies and law enforcement to track sales of over-the-counter (OTC) cold and allergy medications containing precursors to the illegal drug, methamphetamine. The majority of states now require real-time electronic monitoring of precursor purchases through this national database to comply with federal pseudoephedrine tracking laws. This federal database does not track butane purchases. There is not a corresponding federal database related to butane. Unlike pseudoephedrine, there is no federal prohibition on purchase or sale of butane. California does not have a database to track butane across different retailers and the one proposed in this bill is subject to an appropriation in the Budget or any other measure.

This bill requires sellers of butane to collect personal information from buyers, but limits the sale to 600 milliliters in a 30 day period. If an appropriation to the DOJ is made, DOJ is required to establish a database and the sellers to transmit quarterly the information they collect. However, without a centralized, real time database, the efficacy of quarterly reports on butane purchases seems significantly limited.

1. Concentrated Cannabis and Proposition 64. In November 2016, California voters approved Proposition 64. Proposition 64 provides, among other things, that individuals over 21 can possess less than one ounce of marijuana and less than 4 grams of concentrated cannabis. Butane Honey Oil is a form of concentrated cannabis. After the passage of Proposition 64, it is no longer illegal for an individual to possess less than 4 grams of butane honey oil. However, it is still illegal for individuals to manufacture butane honey oil. Under California law, producing concentrated cannabis is a form of drug “manufacturing.” Even after Proposition 64, it is a felony for an individual to manufacture concentrated cannabis, including butane honey oil. An individual convicted of manufacturing butane honey oil faces three, five, or seven years of imprisonment. Because Proposition 64 allows individuals to possess concentrated cannabis, it also provides an exception to the prohibition on manufacturing concentrated cannabis for manufacturers that are licensed by the state. Such manufacturers are able to produce concentrated cannabis in controlled environments to ensure that the production process is safe.
2. Support. The California Professional Firefighters point out that the initial lab explosions can lead to secondary explosions and fires and, in states with legalized use and availability of marijuana, such as California, these incidents appear to be increasing. Secondary hazards associated with such explosions include exposing firefighters to toxic carcinogens at high levels due to the materials involved. Every time firefighters enter a structure fire, they are confronted with a haze of toxins and compounds released by smoldering products, further contributing. to the already high rates of certain cancer among firefighters.
3. Opposition. According to the California Retailers Association (CRA), the proposed method of regulating butane, which has many legal uses, presents various challenges with implementation. In the absence of automation, retailers indicate they will be responsible for aggregating the various amounts of butane purchased since butane is sold in different sizes either smaller or larger than 600ml and retailer will also have limited information on customers in determining whether one has exceeded the 600 ml monthly limit.

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing: April 4, 2017

Counsel: David Billingsley

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:

SUMMARY:

Makes it unlawful any person to purchase more than 600 milliliters of butane in a calendar month. Requires any person or entity that sells any quantity of butane to record the date of sale, product description, purchaser’s identification, and other specified information. Specifically, this bill:

1. Requires and manufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity in this state or any other state any quantity of butane to do the following:
   
   1. In a face-to-face or will-call sale, the seller shall prepare a bill of sale that identifies the date of sale, cost of sale, method of payment, the specific items and quantities purchased and the proper purchaser identification information, all of which shall be entered onto the bill of sale or a legible copy of the bill of sale, and shall also affix on the bill of sale his or her signature as witness to the purchase and identification of the purchaser, as specified;
      
   2. The seller shall retain the original bill of sale containing the purchaser identification information for five years in a readily presentable manner, and present the bill of sale containing the purchaser identification information upon demand by any law enforcement officer or authorized representative of the Attorney General. Copies of these bills of sale obtained by representatives of the Attorney General shall be maintained by the Department of Justice for a period of not less than five years;
      
   3. The seller shall maintain for a period of five years the following sales information: the name and address of the purchaser, date of sale, product description, cost of product, method of payment, method of delivery, delivery address, and valid identifying information, as specified, in all sales other than face-to-face or will-call sales;
      
   4. The seller shall, upon the request of any law enforcement officer or any authorized representative of the Attorney General, produce a report or record of sale containing the information in a readily presentable manner; and
      
   5. If a common carrier is used, the seller shall maintain a manifest regarding the delivery in a readily presentable manner for a period of five years.
      
2. A manufacturer, wholesaler, retailer, or other person or entity in California that purchases butane shall do the following:
   
   1. Provide on the record of purchase information on the source of the items purchased, the date of purchase, a description of the specific items, the quantities of each item purchased, and the cost of the items purchased; and
      
   2. Retain the record of purchase for three years in a readily presentable manner and present the record of purchase upon demand to any law enforcement officer or authorized representative of the Attorney General.
      
3. States that a first violation for the conduct listed above is a misdemeanor.
   
4. A person who has previously been convicted of a violation of this section shall, upon a subsequent conviction thereof, be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding one hundred thousand dollars ($100,000), or both the fine and imprisonment.
   
5. Specifies that it is unlawful for a person to purchase more than 600 milliliters of butane in a calendar month.
   
6. States that it is the intent of the Legislature to create legislation that would do all of the following:
   
   1. Create a reporting system for the purpose of reporting butane sales;
      
   2. Improve law enforcement relating to butane sales; and
      
   3. Create a mechanism for online retailers to track and report butane sales.

EXISTING LAW:

1. Requires any manufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity in this state or any other state any quantity of sodium cyanide, potassium cyanide, cyclohexanone, bromobenzene, magnesium turnings, mercuric chloride, sodium metal, lead acetate, palladium black, hydrogen chloride gas, trichlorofluoromethane (fluorotrichloromethane), dichlorodifluoromethane, 1,1,2-trichloro-1,2,2-trifluoroethane (trichlorotrifluoroethane), sodium acetate, or acetic anhydride to do the following:
   1. In any face-to-face or will-call sale, the seller shall prepare a bill of sale which identifies the date of sale, cost of sale, method of payment, the specific items and quantities purchased and the proper purchaser identification information, all of which shall be entered onto the bill of sale; (Health & Saf. Code, § 11107.1, subd. (a)(1)(A).)
      
   2. Requires the seller to retain the original bill of sale containing the purchaser identification information for five years, and present the bill of sale upon demand by any law enforcement officer; and (Health & Saf. Code, § 11107.1, subd. (a)(1)(C).)
      
   3. Specifies that "proper purchaser identification" includes a valid driver's license or other official and valid state-issued identification of the purchaser that contains a photograph of the purchaser, and includes the address of the purchaser, the motor vehicle license number of the motor vehicle used by the purchaser at the time of purchase, a description of how the substance is to be used, and other specified information. (Health & Saf. Code, § 11107.1, subd. (a)(1)(B).).
2. Specifies that notwithstanding any other law, in all sales other than face-to-face or will-call sales the seller shall maintain for a period of five years the following sales information: the name and address of the purchaser, date of sale, product description, cost of product, method of payment, method of delivery, delivery address, and valid identifying information. (Health & Saf. Code, § 11107.1, subd. (a)(2)(A).)
   
3. Requires the seller, upon the request of any law enforcement officer or any authorized representative of the Attorney General, produce a report or record of sale containing the information in a readily presentable manner. (Health & Saf. Code, § 11107.1, subd. (a)(1)(C).)
4. Requires, if a common carrier is used, the seller maintain a manifest regarding the delivery in for a period of five years. (Health & Saf. Code, § 11107.1, subd. (a)(1)(D).)
5. Requires any manufacturer, wholesaler, retailer, or other person or entity in this state that purchases any item listed in subdivision (a) of Section 11107.1 shall do the following:
   
   1. Provide on the record of purchase information on the source of the items purchased, the date of purchase, a description of the specific items, the quantities of each item purchased, and the cost of the items purchased; and (Health & Saf. Code, § 11107.1, subd. (b)(1).)
   2. Retain the record of purchase for three years in a readily presentable manner and present the record of purchase upon demand to any law enforcement officer or authorized representative of the Attorney General. (Health & Saf. Code, § 11107.1, subd. (b)(2).)
6. Specifies that a first violation for failing to record and maintain the required information is a misdemeanor. (Health & Saf. Code, § 11107.1, subd. (c)(1).)
7. States that a person who has previously been convicted of such a violation shall, upon a subsequent conviction thereof, be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding one hundred thousand dollars ($100,000), or both the fine and imprisonment. (Health & Saf. Code, § 11107.1, subd. (c)(2).)
8. Provides that any person or entity that sells or transfers one of a list of specified chemical precursors, including pseudoephedrine, must obtain the purchaser’s proper identification, as specified, and a letter of authorization from the purchaser which includes the purchaser’s business license number or Drug Enforcement Agency (DEA) registration, the address of the business and a description of how the chemical is to be used. The information must be retained “in a readily available manner” for three years. (Health & Saf. Code, § 11100, subd. (c).)
   
9. Requires any person or entity that sells, transfers, or otherwise furnishes a specified chemical precursor to another person or entity must submit a report to DOJ, generally within 21 days, of each transaction. The report must include the identification information about the purchaser. (Health & Saf. Code, § 11100, subd. (d).)
   
10. Provides that violation of restricted chemical reporting requirements (for transferring or obtaining restricted chemicals) is misdemeanor. A first-time violation is punishable by a county jail term of up to six months, a fine of up to 5,000, or both. A subsequent violation is an alternate felony-misdemeanor, punishable by a prison term of 16 months, two years or three years for a felony, a county jail term of up to one year, a fine of up to $100,000, or both such fine and imprisonment. (Health & Saf. Code, § 11100, subd. (f).)
    
11. Requires specified recording and tracking of transactions involving laboratory glassware, apparatus and chemical reagents where the value of the material exceeds $100. The purchaser must present valid identification. The bill of sale must be retained for three years, as specified. The document must be presented to law enforcement upon request A violation of these provisions is a misdemeanor punishable by imprisonment in a county jail not exceeding 6 months, by a fine not exceeding $1,000, or both. (Health & Saf. Code, § 11107.)
    
12. Provides that it is unlawful for a retailer to sell in a single transaction more than three packages, or nine grams, of a product that he or she knows to contain ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine. This offense is a misdemeanor, punishable by a county jail term of up to six months, a fine of up to $1,000, or both. (Health and Saf. Code, § 11100, subd. (g)(3).)
    
13. States that except as otherwise provided by law, every person who manufactures, produces, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance as specified, including marijuana, shall be punished by imprisonment pursuant to realignment for three, five, or seven years and by a fine not exceeding fifty thousand dollars ($50,000). (Health & Saf. Code, § 11379.6, subd. (a).)
14. States that the fact that a person under 16 years of age resided in a structure in which a violation of this section involving methamphetamine occurred shall be considered a factor in aggravation by the sentencing court. (Health & Saf. Code, § 11379.6, subd. (b).)
    
15. Specifies that any person who has under his or her management or control any building, room, space, or enclosure, who knowingly rents, leases, or makes available for use, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or up to three years in the county jail pursuant to realignment. (Health & Saf. Code, § 11366.5, subd. (a.)
    
16. States that subject to certain qualifications, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of marijuana in the form of concentrated cannabis, including as contained in marijuana products. (Health and Saf. Code, § 11362.1, subd. (a)(1).)
    
17. Provides that it is crime to manufacture of concentrated cannabis using a volatile solvent punishable by imprisonment for three, five, or seven years, unless done in accordance with a specified license. (Health and Saf. Code, § 11362.3, subd. (a)(6) and § 11362.4, subd. (d))
18. Includes very detailed restrictions and requirements for the retail sale of ephedrine, pseudoephedrine, norpseudoephedrine or phenylpropanolamine. These restrictions include, in part (21 U.S.C., § 830, subd. (e) and 844, subd. (a)]:
    
    1. No more than 3.6 grams in a single transaction;
       
    2. No more than 9 grams per customer in a one-month period;
       
    3. If the drug is obtained through postal or similar delivery, no more than 7.5 grams can be so obtained;
       
    4. Seller must maintain a written or electronic logbook of each sale, including the date of the transaction, the name and address of the purchaser and the quantity sold;
       
    5. The purchaser must present valid identification, as specified, and the seller must verify the identification;
       
    6. The purchaser must sign a paper or electronic logbook, as specified;
       
    7. The seller must maintain these documents, as specified; and
       
    8. Law enforcement shall have access to the information pursuant to regulations adopted by DOJ.
       
19. Provides the following penalties (21 U.S.C., § Section 841, subd. (c) and 844, subd. (a)]:
    
    1. Violation of the 9 gram purchase limit is a misdemeanor;
    2. Violation of record-keeping laws is a misdemeanor, with specified exceptions;
       
    3. Violation of the distribution limits is punishable by imprisonment for up to five years (pursuant to the federal sentencing guidelines); and
    4. Distribution of pseudoephedrine with knowledge that it will be used to manufacture a controlled substance, or intentional evasion of record keeping or reporting requirements, is subject to imprisonment for up to 10 years, or up to 20 years, as specified.
       
20. Includes an exception to the log book recording of transactions in the case of a transaction that involves a single package that contains not more than 60 milligrams of psuedoephedrine. (21 U.S.C., § 841, subd. (e)(1)(A)(iii).)
    

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "Illicit honey oil labs extract honey oil (once called hash oil) by heating up marijuana, including stems, to a point where the THC filled oil is separated from the plant material. To get to this “extraction point” a flammable substance must be used. The substance of choice is butane. Butane is used because unlike other liquids/gases it is non-detectible by sight or smell. This makes it desirable because it doesn’t taint the final product and it is undetectable to law enforcement.

“These illegal labs do not care about rules or regulations when they are working with butane. The labs are set up recklessly, the gas leaks, fills a confined space and when it is exposed to an open flame or electrical spark it explodes, violently. Many of the victims from these explosions are totally unaware of the dangers surrounding them. In April 2015, the California Alliance of Drug-Endangered Children reported that 41 marijuana lab deaths had occurred in California between 2011 and April 2015. Among those deaths were three children.

“AB 1120 will require that when butane is sold the retailer must record and keep limited information on the purchaser. This information will help law enforcement track unusual purchases of butane and help them weed out illegal manufacturers of honey oil. This type of “point of sale” regulation works. It has been very effective in the detection and dismantling of methamphetamine labs by tracking pseudoephedrine sales. AB 1120 will apply these similar principles to butane to assist in preventing more public safety hazards due to illicit honey oil extraction using butane.”

1. Commercial Uses of Butane: Butane is commonly used as a fuel. Butane is a gas at room temperature. Butane is colorless, flammable, and easily liquefied. Its common uses include lighter fluid, butane torches (crème brulee), and fuel for camping stoves. In camping sizes the fuel canisters are frequently 8 ounces (236 milliliters) in size. The retailer Amazon has 8 ounce canisters bundled in four, eight, and twelve packs. Sterno Butane Fuel is a product available in an 8 ounce container designed to work with portable stoves. The manufacturer states one 8 ounce container that it will last from 2 hours on a high setting, 4 hours on a low/simmer.
   
   This bill makes it unlawful to purchase 600 milliliters of butane in a calendar month. 600 milliliters of butane equals 20.29 ounces.
   
2. Butane Honey Oil or Butane Hash Oil: Butane honey oil (BHO) is a waxy concentrated cannabis extract made by pushing liquid butane (which liquefies easily) through a tube packed with marijuana. Butane is a chemical solvent made from petroleum and natural gas. Liquid butane quickly dissolves the cannabinoids in marijuana. A solution of cannabinoids, waxes, and oil dissolved in butane comes out the other end. The butane/cannabis wax solution is evaporated, and the remaining BHO has a texture that varies from glass-like to oily. Post extraction treatments include washing with alcohol, whipping, and other steps to remove the butane smell, remove the plant waxes, and alter the appearance.(www.medicalmarijuana.com/what-is-bho-and-is-it-safe/)
   
   Butane honey oil is end product of the process of using butane to extract THC and other cannabinoids from marijuana leaves and flowers. The process typically involves placing raw plant material into a tube, usually glass, stainless steel or PVC. The tube is open at one end and has some type of filter at the other. A solvent, typically butane, is then shot through the top of the tube and collected as it filters through the bottom. The result is a liquid that’s collected in a container. The butane is then removed from the mixture using heat and sometimes a vacuum pump or vacuum oven. The substance, usually golden amber, hardens into a thin layer that can be broken into pieces smaller than a pea, heated and consumed using a specially designed bong, a portable device called a hash pen or an e-cigarette that’s been outfitted for hash. (http://www.oregonlive.com/marijuana/index.ssf/2014/05/butane_hash_oil_glossary_of_te.html)
   
3. Quantity of Butane to Produce “Butane Honey Oil”: “Butane honey oil” is a concentrated cannabis product obtained by separating THC resins from cannabis buds by solvent extraction. “Butane honey oil” is also known as “hash oil.” Under California law it is labeled as “concentrated cannabis.”
   

Butane acts as a chemical solvent and is commonly used extract the THC resin. The marijuana is infused with butane. As the butane evaporates, the concentrated cannabis is extracted, resulting in a viscous substance which has a high concentration of THC.

ilovegrowingmarijuana.com recommends using 10 ounces of butane per one ounce of marijuana.

1. Concentrated Cannabis and Proposition 64: In November 2016, California voters approved Proposition 64. Proposition 64 provides, among other things, that individuals over 21 can possess less than one ounce of marijuana and less than 4 grams of concentrated cannabis. Butane Honey Oil is a form of concentrated cannabis. After the passage of Proposition 64, it is no longer illegal for an individual to possess less than 4 grams of butane honey oil. However, it is still illegal for individuals to manufacture butane honey oil. Under California law, producing concentrated cannabis is a form of drug “manufacturing.” Even after Proposition 64, it is a felony for an individual to manufacture concentrated cannabis, including butane honey oil. An individual convicted of manufacturing butane honey oil faces three, five, or seven years of imprisonment. Because Proposition 64 allows individuals to possess concentrated cannabis, it also provides an exception to the prohibition on manufacturing concentrated cannabis for manufacturers that are licensed by the state. Such manufacturers are able to produce concentrated cannabis in controlled environments to ensure that the production process is safe.
   
   Given the legal availability of concentrated cannabis, including butane honey oil, individuals will have an incentive to purchase honey oil legally, rather than attempting to manufacture it illegally.
   
2. The National Precursor Log Exchange: The National Precursor Log Exchange (NPLEx™) is a real-time electronic logging system used by pharmacies and law enforcement to track sales of over-the-counter (OTC) cold and allergy medications containing precursors to the illegal drug, methamphetamine. The majority of states now require real-time electronic monitoring of precursor purchases through this national database to comply with federal pseudoephedrine tracking laws. This federal database does not track butane purchases. There is not a corresponding federal database related to butane. Unlike pseudoephedrine, there is no federal prohibition on purchase or sale of butane. California does not have a database to track butane across different retailers and this bill does not create one. Without a centralized, real time database, the efficacy of a monthly limit on butane purchases and requiring sellers to record sales of butane is significantly limited.
   
   This bill places a limit of 600 milliliters on purchases of butane during a calendar month and requires businesses that sell butane to record and maintain purchasers identifying information and reason for purchasing butane. Although this bill states a 600 milliliter limit, this bill does not provide a framework to effectively identify individuals that purchase more than 600 milliliters. Without a real time database, accessible by the retailers, retailers have no way to know if a person has purchased butane from another store, and if so, how much. To the extent that stores are required to record information from purchasers, law enforcement attempting to identify individuals that purchased more than 600 milliliters of butane in a calendar month would be forced to go store to store to review records of butane purchases to compile a records the 600 milliliter limit was exceeded.
   
3. Retailers, Wholesalers, Manufacturers, Commercial Users of Butane: This bill prohibits a person from purchasing more than 600 milliliters. It is unclear how this prohibition would apply to retailers, wholesalers, manufacturers, commercial businesses, or other entities that regularly purchase and/or use large quantities of butane. Many other California laws which regulate the sale or information gathering regarding certain chemicals specifically identify and distinguish between those entities, or a person that represents them and individual consumers. This bill does not specifically exempt retailers, wholesalers, manufacturers, other entities, or their personal representatives who are purchasing large amounts of butane for lawful use or sale. It is unclear whether such entities, or their agents, fall under the purchase limitations of this bill.
   
   Butane is available to individual consumers through internet sales, in addition to its availability in brick and mortar stores. This bill requires retailers and other entities to record and maintain purchaser information. An internet retailer that sells butane does not necessarily have a physical presence in California. It is not clear how the recording requirements of this bill would apply to such a retailer.
   
4. Argument in Support: According to the California Professional Firefighters, “BHO or ‘honey oil’, is a cannabis product produced by filling a cylindrical glass or stainless steel canister with marijuana and then flooding the canister with a solvent -- usually butane. The butane strips the plant matter of its cannabinoid-containing oils, resulting in a mixture of psychotropic plant oil and chemicals that must then purified in order to remove traces of the butane. Butane is necessary for the production of BHO. It can be purchased over-the-counter in 8-ounce cans and while the extraction process typically uses one whole can, it’s likely that dozens or even hundreds of cans of butane are on site where BHO is being produced, thereby significantly increasing fire and life safety risks.
   
   “Butane canisters are pressurized and contain compressed, highly flammable gas. Ultimately, butane canisters that are compromised due to high heat and still pressurized pose a serious explosive threat. In addition to being highly explosive, butane is colorless, odorless and heavier than air. It can travel along the floor until encountering an ignition source.
   
   “According to the US Fire Administration, separating hash oil from marijuana is an illicit extraction that appears to be a growing and dangerous trend in the United States -- particularly more common on the west coast where reported fires and explosions have blown out windows, walls and caused numerous burn injuries and even deaths. For example, In April 2015, the California Alliance of Drug-Endangered Children reported that 41 marijuana lab deaths had occurred in California between 2011 and April 2015. Among those deaths were three children.
   
   “Initial BHO lab explosions can lead to secondary explosions and fires and, in states with legalized use and availability of marijuana, such as California, these incidents appear to be increasing. Secondary hazards associated with such explosions include exposing firefighters to toxic carcinogens at high levels due to the materials involved. The off gassing and smoke venting from a BHO lab explosion is highly toxic. Every time firefighters enter a structure fire, they are confronted with a haze of toxins and compounds released by smoldering products. When burned, butane and other combustible materials used in the extraction of honey oil can contribute to the already high rates of certain cancer among firefighters.
   

“Toxic gasses seep into a firefighter’s protective clothing and sometimes penetrate their breathing apparatus. During overhaul and mop-up operations, toxins are still being produced and firefighters are at risk of directly inhaling them. And, when a firefighter returns to the station after responding to a BHO lab explosion, the toxins may be on their protective equipment, adding another toxic exposure pathway for the men and women back at the firehouse. The cumulative effect of toxic exposures over the course of a career can be devastating: Not only cancer, but heart, lung and other debilitating diseases can be traced to prolonged exposure to toxins like those found in hazardous chemicals.”

1. Argument in Opposition: According to the California Retailers Association (CRA), “Shares the author’s concerns about the misuse of butane in illegal productions of honey/hash oil. Unregulated amounts of butane have caused dangerous explosion, elevating the need to address such activity. However, the proposed method of regulating such product, which have many legal uses, presents various challenges with implementation.
   
   “AB 1120 would limit the sale of more than 600 ml of butane to a person in one calendar month. CRA has concerns with the practical implementation of the bill to ensure this new sales limit is complied with. Specifically, the bill requires tracking of butane quantities sold, customer specific information, payment method, and other purchase related information. In the absence of automation, retailers would be responsible for aggregating the various amounts of butane purchased since butane is sold in different sizes either smaller or larger than 600ml. Aside from the administrative burden logging and retaining such information poses, retailers would also have limited information on customers in determining whether one has exceeded the 600 ml monthly limit. While sales tracking in general appears to be effective in limiting consumer access to excessive and potentially dangerous amounts of butane, it does not allow for a central repository for such information, thus allowing individuals to go from store to store, undermining the very intent of this legislation. An ideal approach to sales regulation is one that is partnered with an electronic tracking system in order to ensure the law’s effectiveness. As a practical matter, CRA strongly recommends to the author inclusion of an electronic tracking system. Although the bill includes intent language directing the legislature to create such a system, we advise against the progress of this bill without identifying a system first.”
   
2. Related Legislation: AB 1244 (Voepel), would prohibit the sale of butane, unless odor was added. AB 1244 is awaiting hearing in the Assembly Privacy and Consumer Protection Committee.
   
3. Prior Legislation:
   
   1. AB 772 (Baker), of the 2015-2016 Legislative Session, would have added butane to the list of substances for which sellers are required to record the date of sale and purchaser’s information and retain that information for five years. AB 772 was never heard in the Assembly Public Safety Committee.
      
   2. AB 849 (Bonilla), of the 2015-2016 Legislative Session, would have provided that a person who recklessly causes an explosion is guilty of a felony punishable by imprisonment for two, four, or six years, if the explosion caused great bodily injury, or a misdemeanor punishable by imprisonment in a county jail for up to one year.
      
   3. SB 212 (Mendoza), Chapter 141, Statutes of 2015, authorized the sentencing court to consider the fact that a violation involving methamphetamine occurred within 200 feet of an occupied residence as a factor in aggravation, except when a specified enhancement is pled and proved. SB 212 specifically authorized the sentencing court to consider the fact that a violation of this section involving the use of a volatile solvent to chemically extract concentrated cannabis occurred within 300 feet of an occupied residence as a factor in aggravation.
      
   4. SB 276 (Vasconcellos), Chapter 369, Statutes of 2003-2004, added red phosphorous to the list of chemical substances for which a report to the Department of Justice (DOJ) is required. Required that information regarding the letter of authorization and identification, as well as the manifest of any common carrier used, must be retained/maintained in a readily available manner for three years.
      

REGISTERED SUPPORT / OPPOSITION:

Support

California Professional Firefighters (Sponsor)
Association of Deputy District Attorneys
Association for Los Angeles Deputy Sheriffs
California Association of Code Enforcement Officers
California College and University Police Chiefs Association
California District Attorneys Association
California Police Chiefs Association
California Narcotic Officers Association
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Rural County Representatives of California
Riverside Sheriffs’ Association

Opposition

American Civil Liberties Union
California Retailers Association
Consumer Specialty Products Association
Lighter Association

Analysis Prepared by: