Controlled substances: fentanyl.

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