Moves to Schedule MDMA (Ecstasy) and add mandatory minimum for using or being "under
the influence" of the drug
The California legislature is currently considering a bill (AB 1416) that threatens to:
(1) make MDMA (Ecstasy) a Schedule I controlled substance in California, and (2) make it a
crime to be under the influence of MDMA anywhere in California.
Currently in California, MDMA is not an explicitly scheduled substance. Instead,
prosecutors charge MDMA offenses under the states Controlled Substance Analog Act.
AB 1416, will explicitly place MDMA in Schedule I.
It is very likely that the legislature will pass this part of AB 1416 into law, because
MDMA is a Schedule I substance under federal law and California will likely defer to the
federal determination. Nevertheless, the Center for Cognitive
Liberty & Ethics (CCLE) is preparing an analysis showing that MDMA does not meet the
criteria necessary for inclusion in Schedule I, and showing that it was erroneously placed
in Schedule I under federal law. The state of California should make its own investigation
of MDMA rather than simply duplicate the federal error.
The second part of AB 1416 would make it a misdemeanor criminal offense to be under
the influence of MDMA anywhere in California. Those convicted would be punished by a
mandatory minimum of 90 days in county jail (up to a maximum of 1 year in jail)
Under present California law, it is not a crime to be under the influence of MDMA. The
CCLE is in the process of preparing an analysis of this provision.
The CCLEs analysis of AB 1416 will be released soon and distributed to the media
and members of the California legislature.
To read the full text of AB 1416, blip to: http://www.leginfo.ca.gov/pub/bill/asm/ab_1401-1450/ab_1416_bill_20010223_introduced.html
AB 1416 was introduced by Assemblywoman Lynne C. Leach, whose Internet homepage is at: http://republican.assembly.ca.gov/members/15/