reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 4 - Refilling Prescriptions › Section 11201.

11201. A prescription for a controlled substance, except those appearing in schedule II, may be refilled without the prescriber’s authorization if the prescriber is unavailable to authorize the refill and if, in the pharmacist’s professional judgment, failure to refill the prescription might present an immediate hazard to the patient’s health and welfare or might result in intense suffering. The pharmacist shall refill only a reasonable amount sufficient to maintain the patient until the prescriber can be contacted. The pharmacist shall note on the reverse side of the prescription the date and quantity of the refill and that the prescriber was not available and the basis for his judgment to refill the prescription without the prescriber’s authorization. The pharmacist shall inform the patient that the prescription was refilled without the prescriber’s authorization, indicating that the prescriber was not available and that, in the pharmacist’s professional judgment, failure to provide the drug might result in an immediate hazard to the patient’s health and welfare or might result in intense suffering. The pharmacist shall inform the prescriber within a reasonable period of time. Prior to refilling a prescription pursuant to this section, the pharmacist shall make every reasonable effort to contact the prescriber.
The prescriber shall not incur any liability as the result of a refilling of a prescription pursuant to this section.
(Added by Stats. 1977, Ch. 1211.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 5 - Pharmacists Records › Section 11205.

11205. The owner of a pharmacy or any person who purchases a controlled substance upon federal order forms as required pursuant to the provisions of the Federal “Comprehensive Drug Abuse Prevention and Control Act of 1970,” (P.L. 91-513, 84 Stat. 1236), relating to the importation, exportation, manufacture, production, compounding, distribution, dispensing, and control of controlled substances, and who sells controlled substances obtained upon such federal order forms in response to prescriptions shall maintain and file such prescriptions in a separate file apart from noncontrolled substances prescriptions. Such files shall be preserved for a period of three years.
(Amended by Stats. 1976, Ch. 896, Sec. 24.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 5 - Pharmacists Records › Section 11206.

11206. Filed prescriptions shall constitute a transaction record that, together with information that is readily retrievable in the pharmacy pursuant to Section 11164 shall show or include the following:
(a)  The name(s) and address of the patient(s).
(b)  The date.
(c)  The character, including the name and strength, quantity, and directions for use of the controlled substance involved.
(d)  The name, address, telephone number, category of professional licensure, and the federal controlled substance registration number of the prescriber.
(Amended by Stats. 1988, Ch. 398, Sec. 5.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 5 - Pharmacists Records › Section 11207.

11207. (a) No person other than a pharmacist as defined in Section 4036 of the Business and Professions Code or an intern pharmacist, as defined in Section 4030 of the Business and Professions Code, who is under the personal supervision of a pharmacist, shall compound, prepare, fill or dispense a prescription for a controlled substance.
(b) Notwithstanding subdivision (a), a pharmacy technician may perform those tasks permitted by Section 4115 of the Business and Professions Code when assisting a pharmacist dispensing a prescription for a controlled substance.
(Amended by Stats. 2004, Ch. 695, Sec. 53. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 5 - Pharmacists Records › Section 11208.

11208. In a prosecution under this division, proof that a defendant received or has had in his possession at any time a greater amount of controlled substances than is accounted for by any record required by law or that the amount of controlled substances possessed by the defendant is a lesser amount than is accounted for by any record required by law is prima facie evidence of guilt.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 5 - Pharmacists Records › Section 11209.

11209. (a)  No person shall deliver Schedule II, III, or IV controlled substances to a pharmacy or pharmacy receiving area, nor shall any person receive controlled substances on behalf of a pharmacy unless, at the time of delivery, a pharmacist or authorized receiving personnel signs a receipt showing the type and quantity of the controlled substances received. Any discrepancy between the receipt and the type or quantity of controlled substances actually received shall be reported to the delivering wholesaler or manufacturer by the next business day after delivery to the pharmacy.
(b)  The delivery receipt and any record of discrepancy shall be maintained by the wholesaler or manufacturer for a period of three years.
(c)  A violation of this section is a misdemeanor.
(d)  Nothing in this section shall require a common carrier to label a package containing controlled substances in a manner contrary to federal law or regulation.
(Amended by Stats. 1988, Ch. 918, Sec. 6.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 1 - Lawful Medical Use Other Than Treatment of Addicts › Section 11211.

11211. In order to provide a supply of controlled substances as may be necessary to handle emergency cases, any hospital which does not employ a resident pharmacist and which is under the supervision of a licensed physician, may purchase controlled substances on federal order forms for such institution, under the name of such hospital, such supply to be made available to a registered nurse for administration to patients in emergency cases, upon direction of a licensed physician.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 1 - Lawful Medical Use Other Than Treatment of Addicts › Section 11212.

11212. Persons who, under applicable federal laws or regulations, are lawfully entitled to use controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use for such purposes those substances classified in paragraphs (45) and (46) of subdivision (b) of Section 11054 of the Health and Safety Code, upon registration with and approval by the California Department of Justice for use of those substances in bona fide research, instruction, or analysis.
That research, instruction, or analysis shall be carried on only under the auspices of the individual identified by the registrant as responsible for the research. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
The Department of Justice may withdraw approval of the use of such substances at any time. The department may obtain and inspect at any time the records required to be maintained by this section.
(Added by Stats. 1985, Ch. 1098, Sec. 1.5. Effective September 27, 1985.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 1 - Lawful Medical Use Other Than Treatment of Addicts › Section 11213.

11213. Persons who, under applicable federal laws or regulations, are lawfully entitled to use controlled substances for the purpose of research, instruction, or analysis, may lawfully obtain and use for such purposes such substances as are defined as controlled substances in this division, upon approval for use of such controlled substances in bona fide research, instruction, or analysis by the Research Advisory Panel established pursuant to Section 11480 and 11481.
Such research, instruction, or analysis shall be carried on only under the auspices of the head of a research project which has been approved by the Research Advisory Panel pursuant to Section 11480 or Section 11481. Complete records of receipts, stocks at hand, and use of these controlled substances shall be kept.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 2 - Treatment of Addicts for Addiction › Section 11215.

11215. (a)  Except as provided in subdivision (b), any narcotic controlled substance employed in treating a person with substance use disorder for addiction shall be administered by:
(1)  A physician and surgeon.
(2)  A registered nurse acting under the instruction of a physician and surgeon.
(3)  A physician assistant licensed pursuant to Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code acting under the patient-specific authority of their physician and surgeon.
(b)  When acting under the direction of a physician and surgeon, the following persons may administer a narcotic controlled substance in the treatment of a person with substance use disorder for addiction to a controlled substance:
(1)  A psychiatric technician licensed pursuant to Chapter 10 (commencing with Section 4500) of Division 2 of the Business and Professions Code.
(2)  A vocational nurse licensed pursuant to Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code.
(3)  A pharmacist licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code.
(c)  Except as permitted in this section, no person shall order, permit, or direct any other person to administer a narcotic controlled substance to a person being treated for addiction to a controlled substance.
(Amended (as amended by Stats. 2023, Ch. 21) by Stats. 2023, Ch. 276, Sec. 3. (AB 1341) Effective September 30, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 2 - Treatment of Addicts for Addiction › Section 11217.

11217. Except as provided in Section 11223, no person shall treat a person with substance use disorder for addiction to a narcotic drug except in one of the following:
(a) An institution approved by the State Department of Health Care Services, and where the patient is at all times kept under restraint and control.
(b) A city or county jail.
(c) A state prison.
(d) A facility designated by a county and approved by the State Department of Health Care Services pursuant to Division 5 (commencing with Section 5000) of the Welfare and Institutions Code.
(e) A state hospital.
(f) A county hospital.
(g) A facility licensed by the State Department of Health Care Services pursuant to Division 10.5 (commencing with Section 11750).
(h) A facility as defined in subdivision (a) or (b) of Section 1250 and Section 1250.3.
A narcotic controlled substance in the continuing treatment of addiction to a controlled substance shall be used only in those programs licensed by the State Department of Health Care Services pursuant to Article 1 (commencing with Section 11839) of Chapter 10 of Part 2 of Division 10.5 on either an inpatient or outpatient basis, or both.
This section does not apply during emergency treatment, or where the patient’s addiction is complicated by the presence of incurable disease, serious accident, or injury, or the infirmities of old age.
Neither this section nor any other provision of this division shall be construed to prohibit the maintenance of a place in which persons seeking to recover from addiction to a controlled substance reside and endeavor to aid one another and receive aid from others in recovering from that addiction, nor does this section or this division prohibit that aid, provided that no person is treated for addiction in a place by means of administering, furnishing, or prescribing of controlled substances. The preceding sentence is declaratory of preexisting law.
Neither this section or any other provision of this division shall be construed to prohibit short-term narcotic detoxification treatment in a controlled setting approved by the director and pursuant to rules and regulations of the director. Facilities and treatment approved by the director under this paragraph shall not be subject to approval or inspection by the Medical Board of California, nor shall persons in those facilities be required to register with, or report the termination of residence with, the police department or sheriff’s office.
(Amended by Stats. 2023, Ch. 21, Sec. 8. (AB 1130) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 2 - Treatment of Addicts for Addiction › Section 11217.5.

11217.5. Notwithstanding the provisions of Section 11217, a licensed physician and surgeon may treat a person with substance use disorder for addiction in any office or medical facility which, in the professional judgment of the physician and surgeon, is medically proper for the rehabilitation and treatment of the person. A licensed physician and surgeon may administer to a person with substance use disorder, under their direct care, those medications and therapeutic agents which, in the judgment of the physician and surgeon, are medically necessary, provided that nothing in this section shall authorize the administration of any narcotic drug.
(Amended by Stats. 2023, Ch. 21, Sec. 9. (AB 1130) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 2 - Treatment of Addicts for Addiction › Section 11218.

11218. A physician treating a person with substance use disorder for addiction may not prescribe for or furnish to the person with substance use disorder more than any one of the following amounts of controlled substances during each of the first 15 days of that treatment:
(a)  Eight grains of opium.
(b)  Four grains of morphine.
(c)  Six grains of Pantopon.
(d)  One grain of Dilaudid.
(e)  Four hundred milligrams of isonipecaine (Demerol).
(Amended by Stats. 2023, Ch. 21, Sec. 10. (AB 1130) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 2 - Treatment of Addicts for Addiction › Section 11219.

11219. After 15 days of treatment, the physician may not prescribe for or furnish to the person with substance use disorder more than any one of the following amounts of controlled substances during each day of the treatment:
(a)  Four grains of opium.
(b)  Two grains of morphine.
(c)  Three grains of Pantopon.
(d)  One-half grain of Dilaudid.
(e)  Two hundred milligrams of isonipecaine (Demerol).
(Amended by Stats. 2023, Ch. 21, Sec. 11. (AB 1130) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 2 - Treatment of Addicts for Addiction › Section 11220.

11220. At the end of 30 days from the first treatment, the prescribing or furnishing of controlled substances, except medications approved by the federal Food and Drug Administration for the purpose of narcotic replacement treatment or medication-assisted treatment of substance use disorders, shall be discontinued.
(Amended by Stats. 2017, Ch. 223, Sec. 1. (AB 395) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 2 - Treatment of Addicts for Addiction › Section 11222.

11222. In any case in which a person is taken into custody by arrest or other process of law and is lodged in a jail or other place of confinement, and there is reasonable cause to believe that the person is addicted to a controlled substance, it is the duty of the person in charge of the place of confinement to provide the person so confined with medical aid as necessary to ease any symptoms of withdrawal from the use of controlled substances.
In any case in which a person, who is participating in a narcotic treatment program, is incarcerated in a jail or other place of confinement, he or she shall, in the discretion of the director of the program, be entitled to continue in the program until conviction.
(Amended by Stats. 1995, Ch. 455, Sec. 11. Effective September 5, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 2 - Treatment of Addicts for Addiction › Section 11223.

11223. Notwithstanding any other provision of law, a physician and surgeon who is registered with the federal Attorney General pursuant to Section 823(g) of Title 21 of the United States Code may provide treatment for addiction pursuant to this federal law.
(Added by Stats. 2010, Ch. 93, Sec. 1. (AB 2268) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 3 - Veterinarians › Section 11240.

11240. No veterinarian shall prescribe, administer, or furnish a controlled substance for himself or any other human being.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 3 - Veterinarians › Section 11241.

11241. A prescription written by a veterinarian shall state the kind of animal for which ordered and the name and address of the owner or person having custody of the animal.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 4 - Sale Without Prescription › Section 11250.

11250. (a)  No prescription is required in case of the sale of controlled substances at retail in pharmacies by pharmacists to any of the following:
(1)  Physicians.
(2)  Dentists.
(3)  Podiatrists.
(4)  Veterinarians.
(5)  Pharmacists acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or registered nurses acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or physician assistants acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107.
(6)  Optometrist.
(b)  In any sale mentioned in this article, there shall be executed any written order that may otherwise be required by federal law relating to the production, importation, exportation, manufacture, compounding, distributing, dispensing, or control of controlled substances.
(Amended by Stats. 2003, Ch. 426, Sec. 4. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 4 - Sale Without Prescription › Section 11251.

11251. No prescription is required in case of sales at wholesale by pharmacies, jobbers, wholesalers, and manufacturers to any of the following:
(a)  Pharmacies as defined in the Business and Professions Code.
(b)  Physicians.
(c)  Dentists.
(d)  Podiatrists.
(e)  Veterinarians.
(f)  Other jobbers, wholesalers or manufacturers.
(g)  Pharmacists acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or registered nurses acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or physician assistants acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107.
(h)  Optometrists.
(Amended by Stats. 2003, Ch. 426, Sec. 5. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 4 - Sale Without Prescription › Section 11252.

11252. All wholesale jobbers, wholesalers, and manufacturers, mentioned in this division shall keep, in a manner readily accessible, the written orders or blank forms required to be preserved pursuant to federal law relating to the production, importation, exportation, manufacture, compounding, distributing, dispensing, or control of controlled substances.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 4 - Sale Without Prescription › Section 11253.

11253. The written orders or blank forms shall be preserved for at least three years after the date of the last entry made.
(Amended by Stats. 1976, Ch. 896.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 4 - Sale Without Prescription › Section 11255.

11255. The taking of any order, or making of any contract or agreement, by any traveling representative or employee of any person for future delivery in this state, of any controlled substance constitutes a sale within the meaning of this division.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 5 - Use of Controlled Substances › ARTICLE 4 - Sale Without Prescription › Section 11256.

11256. Within 24 hours after any purchaser in this state gives any order for a controlled substance classified in Schedule II to, or makes any contract or agreement for purchases from or sales by, an out-of-state wholesaler or manufacturer of any controlled substances for delivery in this state, the purchaser shall forward to the Attorney General by registered mail a true and correct copy of the order, contract, or agreement.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 1 - Offenses Involving Controlled Substances Formerly Classified as Narcotics › Section 11350.5.

11350.5. (a) Except as otherwise provided in this division, every person who possesses a controlled substance specified in paragraph (3) of subdivision (e) of Section 11054 of this code with the intent to commit sexual assault shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
(b) For purposes of this section, “sexual assault” means conduct in violation of Section 243.4, 261, 262, 286, 287, or 289 of, or former Section 288a of, the Penal Code.
(Amended by Stats. 2018, Ch. 423, Sec. 35. (SB 1494) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 1 - Offenses Involving Controlled Substances Formerly Classified as Narcotics › Section 11351.

11351. Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.
(Amended by Stats. 2011, Ch. 15, Sec. 152. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 1 - Offenses Involving Controlled Substances Formerly Classified as Narcotics › Section 11351.5.

11351.5. Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale cocaine base, which is specified in paragraph (1) of subdivision (f) of Section 11054, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of two, three, or four years.
(Amended by Stats. 2014, Ch. 749, Sec. 3. (SB 1010) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 1 - Offenses Involving Controlled Substances Formerly Classified as Narcotics › Section 11352.

11352. (a) Except as otherwise provided in this division, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years.
(b) Notwithstanding the penalty provisions of subdivision (a), any person who transports any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, six, or nine years.
(c) For purposes of this section, “transports” means to transport for sale.
(d) This section does not preclude or limit the prosecution of an individual for aiding and abetting the commission of, or conspiring to commit, or acting as an accessory to, any act prohibited by this section.
(Amended by Stats. 2014, Ch. 54, Sec. 7. (SB 1461) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 1 - Offenses Involving Controlled Substances Formerly Classified as Narcotics › Section 11352.1.

11352.1. (a)  The Legislature hereby declares that the dispensing and furnishing of prescription drugs, controlled substances, and dangerous drugs or dangerous devices without a license poses a significant threat to the health, safety, and welfare of all persons residing in the state. It is the intent of the Legislature in enacting this provision to enhance the penalties attached to this illicit and dangerous conduct.
(b)  Notwithstanding Section 4321 of the Business and Professions Code, and in addition to any other penalties provided by law, any person who knowingly and unlawfully dispenses or furnishes a dangerous drug or dangerous device, or any material represented as, or presented in lieu of, any dangerous drug or dangerous device, as defined in Section 4022 of the Business and Professions Code, or who knowingly owns, manages, or operates a business that dispenses or furnishes a dangerous drug or dangerous device or any material represented as, or presented in lieu of, any dangerous drug or dangerous device, as defined in Section 4022 of the Business and Professions Code without a license to dispense or furnish these products, shall be guilty of a misdemeanor. Upon the first conviction, each violation shall be punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment. Upon a second or subsequent conviction, each violation shall be punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.
(Amended by Stats. 2000, Ch. 350, Sec. 1. Effective September 8, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 1 - Offenses Involving Controlled Substances Formerly Classified as Narcotics › Section 11352.5.

11352.5. The court shall impose a fine not exceeding fifty thousand dollars ($50,000), in the absence of a finding that the defendant would be incapable of paying such a fine, in addition to any term of imprisonment provided by law for any of the following persons:
(1)  Any person who is convicted of violating Section 11351 of the Health and Safety Code by possessing for sale 14.25 grams or more of a substance containing heroin.
(2)  Any person who is convicted of violating Section 11352 of the Health and Safety Code by selling or offering to sell 14.25 grams or more of a substance containing heroin.
(3)  Any person convicted of violating Section 11351 of the Health and Safety Code by possessing heroin for sale or convicted of violating Section 11352 of the Health and Safety Code by selling or offering to sell heroin, and who has one or more prior convictions for violating Section 11351 or Section 11352 of the Health and Safety Code.
(Amended by Stats. 1983, Ch. 223, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 1 - Offenses Involving Controlled Substances Formerly Classified as Narcotics › Section 11353.

11353. Every person 18 years of age or over, (a) who in any voluntary manner solicits, induces, encourages, or intimidates any minor with the intent that the minor shall violate any provision of this chapter or Section 11550 with respect to either (1) a controlled substance which is specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, (b) who hires, employs, or uses a minor to unlawfully transport, carry, sell, give away, prepare for sale, or peddle any such controlled substance, or (c) who unlawfully sells, furnishes, administers, gives, or offers to sell, furnish, administer, or give, any such controlled substance to a minor, shall be punished by imprisonment in the state prison for a period of three, six, or nine years.
(Amended by Stats. 2000, Ch. 8, Sec. 6. Effective March 29, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 1 - Offenses Involving Controlled Substances Formerly Classified as Narcotics › Section 11353.4.

11353.4. (a)  Any person 18 years of age or older who is convicted for a second or subsequent time of violating Section 11353, as that section applies to paragraph (1) of subdivision (f) of Section 11054, where the previous conviction resulted in a prison sentence, shall, as a full and separately served enhancement to the punishment imposed for that second or subsequent conviction of Section 11353, be punished by imprisonment in the state prison for one, two, or three years.
(b)  If the second or subsequent violation of Section 11353, as described in subdivision (a), involved a minor who is 14 years of age or younger, the defendant shall, as a full and separately served enhancement to any other enhancement provided in this section, be punished by imprisonment in the state prison for one, two, or three years, at the discretion of the court.
(c)  The additional punishment provided in this section shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(d)  The additional punishment provided in this section shall be in addition to any other punishment provided by law and shall not be limited by any other provision of law.
(e)  Notwithstanding any other provision of law, the court may strike the additional punishment provided for in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.
(Added by Stats. 1993, Ch. 586, Sec. 1. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 1 - Offenses Involving Controlled Substances Formerly Classified as Narcotics › Section 11353.5.

11353.5. Except as authorized by law, any person 18 years of age or older who unlawfully prepares for sale upon school grounds or a public playground, a child day care facility, a church, or a synagogue, or sells or gives away a controlled substance, other than a controlled substance described in Section 11353 or 11380, to a minor upon the grounds of, or within, any school, child day care facility, public playground, church, or synagogue providing instruction in preschool, kindergarten, or any of grades 1 to 12, inclusive, or providing child care services, during hours in which those facilities are open for classes, school-related programs, or child care, or at any time when minors are using the facility where the offense occurs, or upon the grounds of a public playground during the hours in which school-related programs for minors are being conducted, or at any time when minors are using the facility where the offense occurs, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for five, seven, or nine years. Application of this section shall be limited to persons at least five years older than the minor to whom he or she prepares for sale, sells, or gives away a controlled substance.
(Amended by Stats. 2011, Ch. 15, Sec. 155. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 1 - Offenses Involving Controlled Substances Formerly Classified as Narcotics › Section 11353.6.

11353.6. (a)  This section shall be known, and may be cited, as the Juvenile Drug Trafficking and Schoolyard Act of 1988.
(b)  Any person 18 years of age or over who is convicted of a violation of Section 11351.5, 11352, or 11379.6, as those sections apply to paragraph (1) of subdivision (f) of Section 11054, or of Section 11351, 11352, or 11379.6, as those sections apply to paragraph (11) of subdivision (c) of Section 11054, or of Section 11378, 11379, or 11379.6, as those sections apply to paragraph (2) of subdivision (d) of Section 11055, or of a conspiracy to commit one of those offenses, where the violation takes place upon the grounds of, or within 1,000 feet of, a public or private elementary, vocational, junior high, or high school during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility where the offense occurs, shall receive an additional punishment of three, four, or five years at the court’s discretion.
(c)  Any person 18 years of age or older who is convicted of a violation pursuant to subdivision (b) which involves a minor who is at least four years younger than that person, as a full and separately served enhancement to that provided in subdivision (b), shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years at the court’s discretion.
(d)  The additional terms provided in this section shall not be imposed unless the allegation is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(e)  The additional terms provided in this section shall be in addition to any other punishment provided by law and shall not be limited by any other provision of law.
(f)  Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.
(g)  “Within 1,000 feet of a public or private elementary, vocational, junior high, or high school” means any public area or business establishment where minors are legally permitted to conduct business which is located within 1,000 feet of any public or private elementary, vocational, junior high, or high school.
(Amended by Stats. 2011, Ch. 15, Sec. 156. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 1 - Offenses Involving Controlled Substances Formerly Classified as Narcotics › Section 11353.7.

11353.7. Except as authorized by law, and except as provided otherwise in Sections 11353.1, 11353.6, and 11380.1 with respect to playgrounds situated in a public park, any person 18 years of age or older who unlawfully prepares for sale in a public park, including units of the state park system and state vehicular recreation areas, or sells or gives away a controlled substance to a minor under the age of 14 years in a public park, including units of the state park system and state vehicular recreation areas, during hours in which the public park, including units of the state park system and state vehicular recreation areas, is open for use, with knowledge that the person is a minor under the age of 14 years, shall be punished by imprisonment in state prison for three, six, or nine years.
(Amended by Stats. 2012, Ch. 43, Sec. 13. (SB 1023) Effective June 27, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 1 - Offenses Involving Controlled Substances Formerly Classified as Narcotics › Section 11354.

11354. (a)  Every person under the age of 18 years who in any voluntary manner solicits, induces, encourages, or intimidates any minor with the intent that the minor shall violate any provision of this chapter or Section 11550, who hires, employs, or uses a minor to unlawfully transport, carry, sell, give away, prepare for sale, or peddle (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, or who unlawfully sells, furnishes, administers, gives, or offers to sell, furnish, administer, or give, any such controlled substance to a minor shall be punished by imprisonment in the state prison.
(b)  This section is not intended to affect the jurisdiction of the juvenile court.
(Amended by Stats. 2000, Ch. 8, Sec. 7. Effective March 29, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 1 - Offenses Involving Controlled Substances Formerly Classified as Narcotics › Section 11355.

11355. Every person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, administer, or give (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (13), (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug to any person, or who offers, arranges, or negotiates to have any such controlled substance unlawfully sold, delivered, transported, furnished, administered, or given to any person and who then sells, delivers, furnishes, transports, administers, or gives, or offers, arranges, or negotiates to have sold, delivered, transported, furnished, administered, or given to any person any other liquid, substance, or material in lieu of any such controlled substance shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.
(Amended by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 4. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 1 - Offenses Involving Controlled Substances Formerly Classified as Narcotics › Section 11356.

11356. As used in this article “felony offense,” and “offense punishable as a felony” refer to an offense prior to October 1, 2011, for which the law prescribes imprisonment in the state prison, or for an offense on or after October 1, 2011, imprisonment in either the state prison or pursuant to subdivision (h) of Section 1170 of the Penal Code, as either an alternative or the sole penalty, regardless of the sentence the particular defendant received.
(Amended (as amended by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 2. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 1 - Offenses Involving Controlled Substances Formerly Classified as Narcotics › Section 11356.5.

11356.5. (a)  Any person convicted of a violation of Section 11351, 11352, 11379.5, or 11379.6 insofar as the latter section relates to phencyclidine or any of its analogs which is specified in paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or in paragraph (3) of subdivision (e) of Section 11055, who, as part of the transaction for which he or she was convicted, has induced another to violate Section 11351, 11352, 11379.5, or 11379.6 insofar as the latter section relates to phencyclidine or its analogs, shall be punished as follows:
(1)  By an additional one year in prison if the value of the controlled substance involved in the transaction for which the person was convicted exceeds five hundred thousand dollars ($500,000).
(2)  By an additional two years in prison if the value of the controlled substance involved in the transaction for which the person was convicted exceeds two million dollars ($2,000,000).
(3)  By an additional three years in prison if the value of the controlled substance involved in the transaction for which the person was convicted exceeds five million dollars ($5,000,000).
(b)  For purposes of this section, “value of the controlled substance” means the retail price to the user.
(Amended by Stats. 1995, Ch. 377, Sec. 1. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 1 - Offenses Involving Controlled Substances Formerly Classified as Narcotics › Section 11356.6.

11356.6. (a) The court shall refer a defendant subject to paragraph (2) of subdivision (a) of Section 11373 only to a fentanyl and synthetic opiate education program that meets the standards of this section.
(b) A fentanyl and synthetic opiate education program shall include education on the dangers of fentanyl and other synthetic opiates, including, but not limited to, information on all of the following:
(1) How the use of fentanyl and synthetic opiates affects the body and brain.
(2) The dangers of fentanyl and other synthetic opiates to a person’s life and health.
(3) Factors that contribute to physical dependence.
(4) The physical and mental health risks associated with substance use disorders.
(5) How to recognize and respond to the signs of a drug overdose, including information regarding access to, and the administration of, opiate antagonists and immunity for reporting a drug-related overdose pursuant to Section 11376.5.
(6) The legality of drug testing equipment pursuant to subdivision (g) of Section 11364.5.
(c) The education may also include the criminal penalties for controlled substance offenses regarding fentanyl and other synthetic opiates.
(d) The education shall be culturally and linguistically appropriate.
(e) The court may allow a defendant to participate in a fentanyl and synthetic opiate education program via remote technology, if one is available.
(f) The program provider shall report to the probation department and the court an unexcused absence by a defendant from a fentanyl and synthetic opiate education program within two business days. A defendant who is absent from a session of the fentanyl and synthetic opiate education program shall be required to complete any and all components of the fentanyl and synthetic opiate education program that the defendant did not attend.
(g) The court shall only refer defendants to programs that are available at no cost to participants of court-ordered drug education as provided in subparagraph (B) of paragraph (2) of subdivision (a) of Section 11373.
(h) As used in this section, “opiate” includes “opioid” drugs.
(Added by Stats. 2023, Ch. 818, Sec. 1. (AB 890) Effective January 1, 2024.)