Existing law classifies certain substances, including cocaine, heroin, and fentanyl, as controlled substances and generally prohibits the possession, sale, transportation, and use of these substances. Existing law additionally prohibits the possession of certain of these controlled substances including cocaine, heroin, and methamphetamine while armed with a loaded and operable firearm. A violation of this prohibition is punishable as a felony punishable by incarceration in the state prison.

This bill would additionally prohibit the possession of fentanyl, as specified, while armed with a loaded and operable firearm.

By expanding the application of an existing crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law classifies certain substances, including cocaine, heroin, and fentanyl, as controlled substances and generally prohibits the possession, sale, transportation, and use of these substances. Existing law additionally prohibits the possession of certain of these controlled substances including cocaine, heroin, and methamphetamine while armed with a loaded and operable firearm. A violation of this prohibition is punishable as a felony punishable by incarceration in the state prison.

This bill would additionally prohibit the possession of fentanyl, as specified, while armed with a loaded and operable firearm.

By expanding the application of an existing crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law classifies certain substances, including cocaine, heroin, and fentanyl, as controlled substances and generally prohibits the possession, sale, transportation, and use of these substances. Existing law additionally prohibits the possession of certain of these controlled substances including cocaine, heroin, and methamphetamine while armed with a loaded and operable firearm. A violation of this prohibition is punishable as a felony punishable by incarceration in the state prison.

This bill would additionally prohibit the possession of fentanyl, as specified, while armed with a loaded and operable firearm.

By expanding the application of an existing crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Date of Hearing: April 10, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2336

Author:(Villapudua) – As Amended Ver:March 20, 2024

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

SUMMARY:

This bill makes it a felony for a person to be in possession of a substance containing fentanyl while armed with a loaded and operable firearm. This felony is punishable by a state prison term of two, three, or four years.

FISCAL EFFECT:

1. Costs (Trial Court Trust Fund, General Fund) to the courts to adjudicate the expanded felony created by this bill. A defendant charged with a felony is entitled to no-cost legal representation and a jury trial. It generally costs approximately $1,000 to operate a courtroom for one hour. Actual costs will depend on the number of violations and the amount of court time needed to adjudicate each case. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The Governor’s 2024-25 budget proposes $83.1 million ongoing from the General Fund to backfill declining revenue to the Trial Court Trust Fund.
2. Incarceration costs (General Fund), possibly in the millions to tens of millions of dollars annually, to the California Department of Corrections and Rehabilitation (CDCR). According the Legislative Analyst’s Office (LAO), the average annual cost to incarcerate one person in CDCR is $133,000. Per CDCR, last year 565 people were admitted into CDCR custody whose principal conviction was for possession of a controlled substance while armed with a firearm. If, under this bill, 75 defendants are convicted of possession of fentanyl while armed with a firearm and each defendant serves two years in prison, the cost to the General Fund would be almost $20 million over two years. Actual costs will depend on the number of convictions and the length of each sentence.

According to the LAO, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years. 

COMMENTS:

1. Purpose. According to the author:

Californians have seen an increased supply of fentanyl in recent years…It is as dangerous as, or more dangerous than, the drugs listed by name in existing law. Those who possess loaded, operable firearms while also possessing this extremely dangerous drug risk harm to first responders, fellow users, passersby, and the like. Dealers of this dangerous drug often arm themselves in order to stave off robberies of this valuable illicit commodity and to avoid apprehension by law enforcement. Fentanyl should be added to the list as it is every bit as dangerous as, and even potentially more dangerous than, the drugs currently listed by name.

1. Background. Under current law, possession of specified controlled substances, including heroin and fentanyl, is generally a misdemeanor. However, possession of any amount of a substance containing cocaine base, cocaine, heroin, methamphetamine, or PCP while armed with a loaded, operable firearm is a felony punishable by imprisonment in state prison for two, three, or four years. This bill would add a substance containing fentanyl to that list, making possession of a substance containing fentanyl while armed with a loaded firearm a felony offense punishable by a state prison term.

Studies have shown that, in most circumstances, lengthy criminal sentences do not effectively deter crime. According to the Committee on Revision of the Penal Code, a “major analysis of more than 100 studies concluded that it was a ‘criminological fact’ that incarceration is no better at reducing reoffending than noncustodial sanctions such as probation.” (Committee on Revision of the Penal Code, “Annual Report and Recommendations,” 2021.) In light of the growing cost of incarceration and its limited utility in deterring crime, both the Little Hoover Commission and the Committee on Revision of the Penal Code have encouraged sentencing reform in California.

1. Support and Opposition. In support of this measure, the California State Sheriffs’ Association writes:

As our nation grapples with a widespread opioid epidemic, California, like many other states, has experienced an increase in drug-related deaths and overdoses. Law enforcement agencies up and down the state have seen counterfeit prescription drugs and fentanyl become growing problems that have devastated entire communities. This proposal creates consistency in the law, ensuring fentanyl dealers are eligible for the same penalty as those who possess other controlled substances when they are found with a loaded firearm.

In opposition, the California Public Defenders Association writes:

AB 2336 relies on outdated War on Drugs mentality and would end up creating more harm than it would prevent. Relying on ever increasing penalties for drug offenses has been extensively researched, and we can therefore make some educated predictions about the outcome of bills like AB 2336: this bill will not reduce the distribution of fentanyl, nor would it prevent overdoses; it would reduce neither the supply of drugs or the demand for them i [sic]; and worse, it could actually discourage effective methods of dealing with the opioid crisis… The War on Drugs has had a devastating impact on communities across California. The unintended consequences of using jails and prisons to deal with a public health issue will take decades to unravel.

1. Prior Legislation. AB 675 (Soria), of this legislative session, was substantially the same as this bill but also added substances containing a heroin or fentanyl analog to the list of controlled substances for which possession of a substance while in possession with a loaded and operable firearm is a felony. AB 675 was held on this committee’s suspense file.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: March 19, 2024

Counsel: Andrew Ironside

ASSEMBLY COMMITTEE ON

Kevin McCarty, Chair

ABPCA Bill Id:

Author:() – As Ver:

As Proposed to be Amended in Committee

SUMMARY:

Adds a substance containing fentanyl to the list of controlled substances for which possession of those substances while armed with a loaded and operable firearm is a felony punishable in state prison by two, three, or four years. Specifically, this bill:

1. Adds a substance containing fentanyl to the list of controlled substances for which possession of those substances while armed with a loaded and operable firearm is a felony punishable in state prison by two, three, or four years.
   
2. Provides that, where the substance possessed is one containing fentanyl, the person must have knowledge that the specific controlled substance possessed is fentanyl.
   
3. States that this prohibition does not apply to any person lawfully possessing fentanyl, including with a valid prescription.

EXISTING LAW:

1. Makes it unlawful to possess several specified controlled substances, including heroin, cocaine, cocaine base, opium, hydrocodone, and fentanyl. Provides that the punishment is imprisonment in the county jail for not more than one year unless the person has one or more prior convictions for a serious or violent felony, as specified, or for an offense requiring sex offender registration, in which case it is punishable as a felony. (Health & Saf. Code, § 11350, subd. (a).)
   
2. Makes it unlawful to possess several specified controlled substances, including methamphetamine, amphetamine, phencyclidine (PCP), and gamma hydroxybutyric acid (GHB). Provides that the punishment is imprisonment in the county jail for not more than one year unless the person has one or more prior convictions for a serious or violent felony, as specified, or for an offense requiring sex offender registration, in which case it is punishable as a felony. (Health & Saf. Code, § 11377, subd. (a).)
   
3. Makes it unlawful for a person to possess for sale, or purchase for purpose of sale, several specified controlled substances, including heroin, cocaine, cocaine base, opium, and fentanyl. Provides that the punishment is imprisonment in the county jail for two, three, or four years. (Health & Saf. Code, §§ 11351, 11351.5.)
   
4. Makes it unlawful for a person to transport, import, sell, furnish, administer, or give away, or offer or attempt to transport, import, sell, furnish, administer, or give away several specified controlled substances, including cocaine, cocaine base, heroin, and fentanyl. Provides that the punishment is imprisonment in the county jail for three, four, or five years. Provides that the punishment for transporting those specified controlled substances within the state between noncontiguous counties is imprisonment in the county jail for three, six, or nine years. (Health & Saf. Code, § 11352.)
   
5. Makes it unlawful to possess for sale several specified controlled substances, including methamphetamine, amphetamine, and GHB. Provides that the punishment is imprisonment in the county jail for 16 months, two years, or three years. (Health & Saf. Code, § 11378.)
   
6. Makes it unlawful to possess PCP for sale. Provides that the punishment is imprisonment in the county jail for three, four, or five years. (Health & Saf. Code, § 11378.5.)
   
7. Makes it unlawful for a person to transport, import into this state, sell, furnish, administer, or give away, or offer to transport, import into this state, sell, furnish, administer, or give away, or attempt to import into this state or transport specified controlled substances, including methamphetamine, amphetamine, and GHB. Provides that the punishment is imprisonment in the county jail for two, three, or four years. Provides that the punishment for transporting those specified controlled substances within the state between noncontiguous counties is imprisonment in the county jail for three, six, or nine years. (Health & Saf. Code, § 11379.)
   
8. Makes it unlawful for a person to transport, import into this state, sell, furnish, administer, or give away, or offer to transport, import into this state, sell, furnish, administer, or give away, or attempt to import into this state or transport PCP or its analogs. Provides that the punishment is imprisonment in the county jail for three, four, or five years. Provides that the punishment for transporting those specified controlled substances within the state between noncontiguous counties is imprisonment in the county jail for three, six, or nine years. (Health & Saf. Code, § 11379.5.)
   
9. Provides, notwithstanding any other provision of law, that every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a crystalline, or liquid substance containing PCP, plant material containing PCP, or a hand-rolled cigarette treated with PCP while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years. (Health & Saf. Code, § 11370.1, subd. (a).)
   
10. Defines “armed with” to mean having available for immediate offensive or defensive use. (Health & Saf. Code, § 11370.1, subd. (a).)
    
11. Provides that any person who is convicted of the above offense is ineligible for diversion or deferred entry of judgment, as described. (Health & Saf. Code, § 11370.1, subd. (b).)
12. Specifies that the term “controlled substance analog” does not mean “any substance for which there is an approved new drug application as specified under the federal Food, Drug, and Cosmetic Act or which is generally recognized as safe and effective as specified by the federal Food, Drug, and Cosmetic Act.” (Health & Saf. Code, § 11401, subd. (c)(1).)
    
13. Regulates firearms, the possession of firearms, and the carrying of firearms. (Pen. Code, § 23500 et seq.)
    
14. Provides for an additional year of punishment for a person who is armed with a firearm in the commission or attempted commission of a felony, unless being armed is an element of the offense. (Pen. Code, § 12022, subd. (a)(1).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “Current law allows for the felony prosecution of a person who possesses a substance containing cocaine, cocaine base (crack), amphetamine, methamphetamine, phencyclidine (PCP), or heroin while being armed with a loaded, operable firearm. A grave threat to public health and safety exists today in the form of the drug fentanyl, which is causing numerous overdose deaths in California and nationwide. Fentanyl is not listed by name as being among the controlled substances eligible for prosecution under existing law, even though it is up to 50 times stronger than heroin, which is on the list.
   
   “Californians have seen an increased supply of fentanyl in recent years, causing significant risk to first responders as well as to those who ultimately succumb to fatal overdoses and anyone coming into contact with the illicit drug. It is as dangerous as, or more dangerous than, the drugs listed by name in existing law.
   
   “Those who possess loaded, operable firearms while also possessing this extremely dangerous drug risk harm to first responders, fellow users, passersby, and the like. Dealers of this dangerous drug often arm themselves in order to stave off robberies of this valuable illicit commodity and to avoid apprehension by law enforcement. Fentanyl should be added to the list as it is every bit as dangerous as, and even potentially more dangerous than, the drugs currently listed by name. Such will potentially reduce gun violence, risk to first responders, and the community.”
   
2. Possession of a Controlled Substance While Armed: Under current law, possession of specified controlled substances, including heroin and fentanyl, is generally a misdemeanor. (See Health & Saf. Code, §§ 11377 & 11350.) However, possession of any amount of a substance containing cocaine base, cocaine, heroin, methamphetamine, or PCP while armed with a loaded, operable firearm is a felony punishable by imprisonment in the state prison for two, three, or four years. (Health & Saf. Code, § 11370.1, subd. (a).)
   
   Notably, this law does not require that the firearm be unlawfully possessed or that the person otherwise be engaged in unlawful activity related to the firearm. In other words, a person in lawful possession of a loaded, operable firearm who is also in possession of one of the specified controlled substances can be charged with a felony. Moreover, the person is considered armed with the firearm even if it is not on their person. They do not even need to know that it is loaded and operable, just that it is in a readily accessible place. (See CALCRIM No. 2303; People v. White (2016) 243 Cal.App.4th 1354, 1362.)
   
   The controlled substance need only be a “usable amount.” A “usable amount” is defined as “a quantity that is enough to be used by someone as a controlled substance. Useless traces [or debris] are not usable amounts. On the other hand, a usable amount does not have to be enough, in either amount or strength, to affect the user.” (See CALCRIM No. 2303.)
   
   Though these specific controlled substances are singled out in statute for enhanced punishment if the person has an accessible firearm that may be lawfully possessed, there is no requirement that the person know which specific controlled substance they actually possess. They need only know the substance’s nature or character as a controlled substance. (People v. Palaschak (1995) 9 Cal.4th 1236, 1242; People v. Horn (1960) 187 Cal.App.2d 68, 74-75; CALCRIM No. 2303.)
   
   This bill would add a substance containing fentanyl to the list of controlled substances in this statute. What this bill does is punish the personal possession of fentanyl if there is a firearm accessible. Possession for sales, sales, and distribution of fentanyl is already a felony under current law. A person who possesses these substances for purposes of sales is guilty of a felony punishable in the county jail by two, three, or four years. (Health & Saf. Code, § 11351.) If the person is armed with a firearm, an additional year may be added. (Pen. Code, § 12022, subd. (a)(1).) If a person transports, sells, furnishes, administers, or gives away, fentanyl, the punishment is three, six, or nine years in state prison. (Health & Saf. Code, § 11352.) Again, if the person is armed, an additional year may be added. (Pen. Code, § 12022, subd. (a)(1).)
   
   Moreover, because fentanyl is frequently mixed with other drugs without the knowledge of the user, the person may not even know they possess fentanyl. (https://www.npr.org/sections/health-shots/2018/03/29/597717402/fentanyl-laced-cocaine-becoming-a-deadly-problem-among-drug-users.) And unless fentanyl is the only drug possessed, possession of a controlled substance is covered by other laws – e.g., possession of cocaine, heroin, methamphetamine, etc. (Health & Saf. Code, §§ 11370.1 [possession while armed with a firearm] 11350 [possession of cocaine or heroin] & 11377 [possession of methamphetamine].)
   
   Indeed, because other provisions of law already punish trafficking fentanyl and other drugs while armed, the persons most likely to be punished under this law are people who use drugs, particularly those with substance use disorders. This includes people who lawfully possess the firearm, and who may have very good reasons for arming themselves. Intimate partner violence (IPV), for example, increases the odds that a victim will suffer a substance use disorder, and studies demonstrate an increased rate of IPV among women with substance use disorders. (See e.g., Afifi, Victimization and Perpetration of Intimate Partner Violence and Substance Use Disorders in a Nationally Representative Sample, The Journal of Nervous and Mental Disease, (Aug. 2012) <https://journals.lww.com/jonmd/abstract/2012/08000/victimization_and_perpetration_of_intimate_partner.6.aspx> [last visited Mar. 13, 2024]; Ogden, Intimate partner violence as a predictor of substance use outcomes among women: a systemic review, Addictive Behaviors (Dec. 18, 2021) <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10007694/> [last visited Mar. 13, 2024].) They are also disproportionately the victims of gun violence or threats of gun violence. “In the U.S., an estimated 4.5 million women report having been threatened with a gun by an intimate partner, and nearly 1 million have had a partner who used a gun against them. In 2017, 926 of the 1,527 women (61%) murdered by a partner were killed with a gun (61%), and, overall, gun-related partner homicides increase by 26% from 2010 to 2017.” (Seeburger, Firearms and Intimate Partner Violence (IPV): Scope & Policy Implications, Ortner Center on Violence & Abuse, University of Pennsylvania (Nov. 2020), <https://sp2.upenn.edu/wp-content/uploads/2020/11/OC-IPV-and-Guns-fact-sheet_11182020.pdf> [last visited Mar. 13, 2024].) Given these staggering statistics, it would perhaps make sense for an IPV victim with a substance use disorder to carry a firearm. But doing so would turn this victim into a felon if they carried that firearm, for their protection, while in possession of a controlled substance, even when the amount of the substance is not enough to affect them.
   
3. Harsher Sentences Unlikely to Reduce Drug Use or Deter Criminal Conduct: Ample research on the impact of increasing penalties for drug offenses on criminal behavior has called into question the effectiveness of such measures. In a report examining the relationship between prison terms and drug misuse, PEW Charitable Trusts found “[n]o relationship between drug imprisonment rates and states’ drug problems,” finding that “higher rates of drug imprisonment did not translate into lower rates of drug use, arrests, or overdose deaths.” (https://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2018/03/more-imprisonment-does-not-reduce-state-drug-problems; see https://www.ccjrc.org/wp-content/uploads/2016/02/Correctional_and_Sentencing_Reform_for_Drug_Offenders.pdf)
   
   This may be because of the limited deterrent effect of harsher sentences generally. According the U.S. Department of Justice, “Laws and policies designed to deter crime by focusing mainly on increasing the severity of punishment are ineffective partly because criminals know little about the sanctions for specific crimes. More severe punishments do not ‘chasten’ individuals convicted of crimes, and prisons may exacerbate recidivism.” (https://nij.ojp.gov/topics/articles/five-things-about-deterrence)
   
   According to PEW, “[A] large body of prior research…cast[s] doubt on the theory that stiffer prison terms deter drug misuse, distribution, and other drug-law violations.” (PEW, supra.) PEW concludes:
   

Putting more drug-law violators behind bars for longer periods of time has generated enormous costs for taxpayers, but it has not yielded a convincing public safety return on those investments. Instead, more imprisonment for drug offenders has meant limited funds are siphoned away from programs, practices, and policies that have been proved to reduce drug use and crime. (Ibid.)

Will applying enhanced punishment to a person who possess one of these controlled substances for personal use, while having access to what may be a lawfully possessed firearm, reduce the amount drugs on California streets or reduce the threat of injury from a firearm? The evidence to date suggests that it will not. How will this enhanced punishment for having a firearm and fentanyl prevent the accidental overdoses referenced in the author’s statement?

1. Argument in Support: According to the California District Attorneys Association, “Those who carry fentanyl simultaneously with a loaded, operable firearm present a unique risk to public safety. Guns that are ‘ready to go,’ so to speak, present enormous challenges when in the hands of those dealing or using dangerous drugs.
   
   “Further, those who traffic in drugs, particularly fentanyl, use their dangerous weapons to stave off robberies by competitors, to combat law enforcement, and to “protect their stash.” Whether someone is a ‘low-level drug dealer’ or even a simple ‘drug user’ does not take away the dangerous nature of the loaded, operable weapon within the proximity of the drug. This is a lethal combination, and it is time we recognize it as such.
   
   “The law already recognizes its lethality when it comes to heroin, crack, cocaine, PCP, methamphetamine, and amphetamine. Last year, a prior version of this bill, which CDAA sponsored—SB 226 (D-Alvarado-Gil)—passed unanimously at the Senate Public Safety Committee and on the floor of the Senate. It is time we place fentanyl on this list.”
   
2. Argument in Opposition: According to the Ella Baker Center for Human Rights, “Under current law, people who have even a small amount of a controlled substance and a lawfully purchased firearm in their residence are convicted of this felony, with an upper penalty of 4 years in jail or prison. HSC 11370.1 does not require that a firearm be used, brandished, or even be on the person. The mere presence of a firearm, even one legally owned and safely stored in the home, is grounds for conviction and a very long term of incarceration if the person has a small amount of a drug in their residence, vehicle, or personal possession.
   
   “HSC 11370.1 went into effect in January of 1997. In the last 24 years, evidence has emerged that punishing people for possessing a small amount of heroin or another controlled substance for their own use, while also having a firearm within their residence or their vehicle has reduced gun violence, crime, drug use, or the negative health effects of drug misuse?
   
   “What health benefits do punished people derive from years of incarceration? Research has established that persons leaving prisons are far, are more likely to die of a drug overdose than the general population. But there is no research that we are aware of that shows that long sentences reduce the availability of drugs, or reduce drug harms or violent crimes. On the contrary, available research finds that long sentences have negligible public safety benefits, and definite negative effects on individuals, families, and communities.
   
   “Further, our state and local budgets are not unlimited – we should not lock them up in failed policies. The cost for each year of prison is now estimated to be $132,860 per prisoner. That is twice the cost of tuition at USC, California’s most expensive private university. The approximate cost of a year of methadone treatment for an opioid-dependent person is $6,552. The approximate cost of buprenorphine treatment is less than $6,000. It would be healthier, safer, and better for public safety to send an additional 17 people to methadone treatment, or 19 people to buprenorphine treatment than to incarcerate one person for an additional year. Funding a robust, voluntary drug treatment system is a far more intelligent investment.
   
   “Furthermore, increased punishment may have the unintended consequence of worsening our public health crisis, rather than ameliorating it. The number one reason that witnesses to an overdose hesitate to, or do not call 911 or take a person to an emergency room is fear of incarceration for the person seeking to save a life, or even the person suffering the medical crisis. California “Good Samaritan” law, Health & Safety Code 11376.5, intended to encourage people to call 911 provides no protection against prosecution and incarceration pursuant to HSC 11370.1. The drive by some lawmakers and prosecutors to “make an example” of persons using fentanyl only worsens our current crisis. It is getting harder to convince people in danger that they should call 911 or take a person to an emergency room.
   
   “The war on drugs failed us, failed families, and failed communities. After incarcerating millions of Americans, drugs became more widely available, stronger, and cheaper. It seems completely irrational to replicate that failed policy.”
   
3. Related Legislation:
   
   1. AB 1848 (Davies), would expand an existing one year sentencing enhancement for any person over the age of 18 who induces a minor to transport, carry, sell, give away, prepare for sale, or sell heroin, cocaine, or cocaine base on any church, synagogue, youth center, day care, or public swimming pool grounds to include the transport, carry, sell, give away, prepare for sale, or sell heroin, cocaine, cocaine base, and fentanyl either on the grounds of, or within 1000 feet from a church, synagogue, youth center, day care, or public swimming pool. AB 1848 will be heard in this committee today.
      
   2. AB 2045 (Hoover), would increase the penalty for the crime of inducing a minor to sell or possess any controlled substance within 1,000 feet of a school crime as it relates to fentanyl to 5, 8, or 11 years and makes the 1,000 enhancement applicable to offenses involving fentanyl. AB 2045 is pending hearing in this committee.
      
   3. AB 2209 (Sanchez), would allow law enforcement to assist the Immigration & Customs Enforcement in investigations of any person who is suspected or previously convicted of possession for sale or sale of fentanyl. AB 2209 is pending in this committee.
      
   4. AB 2341 (Fong), would prohibit the granting of credits to any inmate serving a sentence for a fentanyl-related offense, as specified. AB 2341 is pending hearing in this committee.
      
4. Prior Legislation:
   
   1. AB 675 (Soria), of the 2023-2024 Legislative Session, would have added a substance containing a heroin analog, a substance containing fentanyl, and a substance containing a fentanyl analog to the list of controlled substances for which possession of those substances while armed with a loaded and operable firearm is a felony punishable in state prison by two, three, or four years. AB 675 was held in suspense in the Assembly Appropriations Committee.
      
   2. SB 226 (Alvarado-Gil), of the 2023-2024 Legislative Session, would add fentanyl to the list of controlled substances for which possession of those substances while armed with a loaded and operable firearm is a felony. SB 226 is failed passage in this committee.
      
   3. AB 1673 (Seyarto), of the 2021-2022 Legislative Session, would have created the Anti-Fentanyl Abuse Task Force to evaluate the nature and extent fentanyl abuse in California and to develop policy recommendations for addressing it. AB 1673 was held in suspense in the Assembly Appropriations Committee.
      
   4. SB 1070 (Melendez), of the 2021-2022 Legislative Session, would have added oxycodone and fentanyl to the list of controlled substances for which possession of those substances while armed with a loaded and operable firearm is a felony. Hearing on SB 1070 in the Senate Public Safety Committee was canceled at the request of the author.
      

REGISTERED SUPPORT / OPPOSITION:

Support

Arcadia Police Officers' Association
Burbank Police Officers' Association
California Coalition of School Safety Professionals
California District Attorneys Association
California Narcotic Officers' Association
California Reserve Peace Officers Association
California State Sheriffs' Association
Claremont Police Officers Association
Corona Police Officers Association
Culver City Police Officers' Association
Deputy Sheriffs' Association of Monterey County
Drug Induced Homicide
Fullerton Police Officers' Association
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Murrieta Police Officers' Association
Newport Beach Police Association
Novato Police Officers Association
Palos Verdes Police Officers Association
Peace Officers Research Association of California (PORAC)
Placer County Deputy Sheriffs' Assocation
Pomona Police Officers' Association
Riverside Police Officers Association
Riverside Sheriffs' Association
San Joaquin District Attorney Office
Santa Ana Police Officers Association
Upland Police Officers Association

Opposition

ACLU California Action
California Public Defenders Association
Drug Policy Alliance
Ella Baker Center for Human Right
Initiate Justice
Initiate Justice Action

Analysis Prepared by: