SECTIONS 11400-11401 - California Statutes

HEALTH AND SAFETY CODE

SECTION 11400-11401

11400. The Legislature finds and declares that the laws of this
state which prohibit the possession, possession for sale, offer for
sale, sale, manufacturing, and transportation of controlled
substances are being circumvented by the commission of those acts
with respect to analogs of specified controlled substances which
have, are represented to have, or are intended to have effects on the
central nervous system which are substantially similar to, or
greater than, the controlled substances classified in Sections 11054
and 11055 of which they are analogs. These analogs have been
synthesized by so-called "street chemists" and imported into this
state from other jurisdictions as precursors to, or substitutes for,
controlled substances, due to the nonexistence of applicable criminal
penalties. These analogs present grave dangers to the health and
safety of the people of this state. Therefore, it is the intent of
the Legislature that a controlled substance analog as defined in
Section 11401 be considered identical, for purposes of the penalties
and punishment specified in Chapter 6 (commencing with Section
11350), to the controlled substance in Section 11054 or 11055 of
which it is an analog.

11401. (a) A controlled substance analog shall, for the purposes of
Chapter 6 (commencing with Section 11350), be treated the same as
the controlled substance classified in Section 11054 or 11055 of
which it is an analog.
(b) Except as provided in subdivision (c), the term "controlled
substance analog" means either of the following:
(1) A substance the chemical structure of which is substantially
similar to the chemical structure of a controlled substance
classified in Section 11054 or 11055.
(2) A substance which has, is represented as having, or is
intended to have a stimulant, depressant, or hallucinogenic effect on
the central nervous system that is substantially similar to, or
greater than, the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a controlled substance classified in
Section 11054 or 11055.
(c) The term "controlled substance analog" does not mean any of
the following:
(1) Any substance for which there is an approved new drug
application as defined under Section 505 of the federal Food, Drug,
and Cosmetic Act (21 U.S.C. Sec. 355) or which is generally
recognized as safe and effective for use pursuant to Sections 501,
502, and 503 of the federal Food, Drug, and Cosmetic Act (21 U.S. C.
Secs. 351, 352, and 353) and 21 C.F.R. Section 330 et seq.
(2) With respect to a particular person, any substance for which
an exemption is in effect for investigational use for that person
under Section 505 of the federal Food, Drug, and Cosmetic Act (21
U.S.C. Sec. 355), to the extent that the conduct with respect to that
substance is pursuant to the exemption.
(3) Any substance, before an exemption as specified in paragraph
(2) takes effect with respect to the substance, to the extent the
substance is not intended for human consumption.