reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 4 - Miscellaneous Offenses and Provisions › Section 11376.

11376. Upon the diversion or conviction of a person for any offense involving substance abuse, the court may require, in addition to any or all other terms of diversion or imprisonment, fine, or other reasonable conditions of sentencing or probation imposed by the court, that the defendant participate in and complete counseling or education programs, or both, including, but not limited to, parent education or parenting programs operated by community colleges, school districts, other public agencies, or private agencies.
(Added by Stats. 1996, Ch. 210, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 4 - Miscellaneous Offenses and Provisions › Section 11376.5.

11376.5. (a) (1) Notwithstanding any other law, it shall not be a crime for a person to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, if that person, in good faith, seeks medical assistance for another person experiencing a drug-related overdose that is related to the possession of a controlled substance, controlled substance analog, or drug paraphernalia of the person seeking medical assistance, and that person does not obstruct medical or law enforcement personnel. No other immunities or protections from arrest or prosecution for violations of the law are intended or may be inferred.
(2) Notwithstanding any other law, it shall not be a crime for a person who experiences a drug-related overdose and who is in need of medical assistance to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, if the person or one or more other persons at the scene of the overdose, in good faith, seek medical assistance for the person experiencing the overdose. No other immunities or protections from arrest or prosecution for violations of the law are intended or may be inferred.
(b) This section shall not affect laws prohibiting the selling, providing, giving, or exchanging of drugs, or laws prohibiting the forcible administration of drugs against a person’s will.
(c) Nothing in this section shall affect liability for any offense that involves activities made dangerous by the consumption of a controlled substance or controlled substance analog, including, but not limited to, violations of Section 23103 of the Vehicle Code as specified in Section 23103.5 of the Vehicle Code, or violations of Section 23152 or 23153 of the Vehicle Code.
(d) For the purposes of this section, the following definitions shall apply:
(1) “Drug-related overdose” means an acute medical condition that is the result of the ingestion or use by an individual of one or more controlled substances or one or more controlled substances in combination with alcohol, in quantities that are excessive for that individual that may result in death, disability, or serious injury. An individual’s condition shall be deemed to be a “drug-related overdose” if a reasonable person of ordinary knowledge would believe the condition to be a drug-related overdose that may result in death, disability, or serious injury.
(2) “Seeks medical assistance” or “seek medical assistance” includes any communication made verbally, in writing, or in the form of data from a health-monitoring device, including, but not limited to, smart watches, for the purpose of obtaining medical assistance.
(Amended by Stats. 2023, Ch. 106, Sec. 1. (SB 250) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 4 - Miscellaneous Offenses and Provisions › Section 11376.6.

11376.6. (a) (1) Notwithstanding any other law, it shall not be a crime for a person to possess for personal use a controlled substance, controlled substance analog, or drug paraphernalia if the person delivers the controlled substance or controlled substance analog to the local public health department or law enforcement and notifies them of the likelihood that other batches of the controlled substance may have been adulterated with other substances, if known.
(2) (A) The identity of the person described in paragraph (1) shall remain confidential.
(B) The person described in paragraph (1) may, but shall not be required to, reveal the identity of the individual from whom the person obtained the controlled substance or controlled substance analog.
(b) No other immunities or protections from arrest or prosecution for violations of the law are intended or may be inferred.
(Added by Stats. 2023, Ch. 106, Sec. 2. (SB 250) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 5 - Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs › Section 11377.

11377. (a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.
(b) The judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a), with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
(c) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:
(1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.
(2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner.
(d) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription.
(Amended (as amended by Proposition 47) by Stats. 2017, Ch. 269, Sec. 6. (SB 811) Effective January 1, 2018. Note: This section was amended on Nov. 4, 2014, by initiative Prop. 47.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 5 - Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs › Section 11377.5.

11377.5. (a) Except as otherwise provided in this division, every person who possesses any controlled substance specified in paragraph (11) of subdivision (c) of, or subdivision (g) of, Section 11056 of this code, or paragraph (13) of subdivision (d) of Section 11057 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. 36. (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 5 - Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs › Section 11378.

11378. Except as otherwise provided in Article 7 (commencing with Section 4110) of Chapter 9 of Division 2 of the Business and Professions Code, a person who possesses for sale a controlled substance that meets any of the following criteria shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code:
(1) The substance is classified in Schedule III, IV, or V and is not a narcotic drug, except the substance specified in subdivision (g) of Section 11056.
(2) The substance is specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d).
(3) The substance is specified in paragraph (11) of subdivision (c) of Section 11056.
(4) The substance is specified in paragraph (2) or (3) of subdivision (f) of Section 11054.
(5) The substance is specified in subdivision (d), (e), or (f), except paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of paragraph (2) of subdivision (f), of Section 11055.
(Amended by Stats. 2013, Ch. 76, Sec. 110. (AB 383) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 5 - Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs › Section 11378.5.

11378.5. Except as otherwise provided in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses for sale phencyclidine or any analog or any precursor of phencyclidine which is specified in paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or in paragraph (3) of subdivision (e) or in subdivision (f), except subparagraph (A) of paragraph (1) of subdivision (f), of Section 11055, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of three, four, or five years.
(Amended by Stats. 2011, Ch. 15, Sec. 173. (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 5 - Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs › Section 11379.

11379. (a) Except as otherwise provided in subdivision (b) and in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, 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 any controlled substance which is (1) classified in Schedule III, IV, or V and which is not a narcotic drug, except subdivision (g) of Section 11056, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d) or (e), except paragraph (3) of subdivision (e), or specified in subparagraph (A) of paragraph (1) of subdivision (f), of Section 11055, unless upon the 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 a period of two, three, or four 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) Nothing in this section is intended to preclude or limit prosecution under an aiding and abetting theory, accessory theory, or a conspiracy theory.
(Amended by Stats. 2014, Ch. 54, Sec. 8. (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 5 - Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs › Section 11379.2.

11379.2. Except as otherwise provided in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses for sale or sells any controlled substance specified in subdivision (g) of Section 11056 shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.
(Added by Stats. 1991, Ch. 294, Sec. 5.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 5 - Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs › Section 11379.5.

11379.5. (a)  Except as otherwise provided in subdivision (b) and in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, 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 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, or its precursors as specified in subparagraph (A) or (B) of paragraph (2) of subdivision (f) of Section 11055, unless upon the 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 a period of three, four, or five years.
(b)  Notwithstanding the penalty provisions of subdivision (a), any person who transports for sale 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, “transport” means to transport for sale.
(d) This section does not preclude or limit prosecution for any aiding and abetting or conspiracy offenses.
(Amended by Stats. 2015, Ch. 77, Sec. 2. (AB 730) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 5 - Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs › Section 11379.6.

11379.6. (a) Except as otherwise provided by law, every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, five, or seven years and by a fine not exceeding fifty thousand dollars ($50,000).
(b) Except when an enhancement pursuant to Section 11379.7 is pled and proved, the fact that a person under 16 years of age resided in a structure in which a violation of this section involving methamphetamine occurred shall be considered a factor in aggravation by the sentencing court.
(c) Except when an enhancement pursuant to Section 11379.7 is pled and proved, the fact that a violation of this section involving methamphetamine occurred within 200 feet of an occupied residence or any structure where another person was present at the time the offense was committed may be considered a factor in aggravation by the sentencing court.
(d) The fact that a violation of this section involving the use of a volatile solvent to chemically extract concentrated cannabis occurred within 300 feet of an occupied residence or any structure where another person was present at the time the offense was committed may be considered a factor in aggravation by the sentencing court.
(e) Except as otherwise provided by law, every person who offers to perform an act which is punishable under subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years.
(f) All fines collected pursuant to subdivision (a) shall be transferred to the State Treasury for deposit in the Clandestine Drug Lab Clean-up Account, as established by Section 5 of Chapter 1295 of the Statutes of 1987. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by the county.
(Amended by Stats. 2015, Ch. 141, Sec. 1. (SB 212) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 5 - Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs › Section 11379.7.

11379.7. (a)  Except as provided in subdivision (b), any person convicted of a violation of subdivision (a) of Section 11379.6 or Section 11383, or of an attempt to violate subdivision (a) of Section 11379.6 or Section 11383, as those sections relate to methamphetamine or phencyclidine, when the commission or attempted commission of the crime occurs in a structure where any child under 16 years of age is present, shall, in addition and consecutive to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of two years in the state prison.
(b)  Any person convicted of a violation of subdivision (a) of Section 11379.6 or Section 11383, or of an attempt to violate subdivision (a) of Section 11379.6 or Section 11383, as those sections relate to methamphetamine or phencyclidine, where the commission of the crime causes any child under 16 years of age to suffer great bodily injury, shall, in addition and consecutive to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of five years in the state prison.
(c)  As used in this section, “structure” means any house, apartment building, shop, warehouse, barn, building, vessel, railroad car, cargo container, motor vehicle, housecar, trailer, trailer coach, camper, mine, floating home, or other enclosed structure capable of holding a child and manufacturing equipment.
(d)  As used in this section, “great bodily injury” has the same meaning as defined in Section 12022.7 of the Penal Code.
(Added by Stats. 1996, Ch. 871, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 5 - Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs › Section 11379.8.

11379.8. (a)  Any person convicted of a violation of subdivision (a) of Section 11379.6, or of a conspiracy to violate subdivision (a) of Section 11379.6, with respect to any substance containing a controlled substance which is specified in paragraph (21), (22), or (23) of subdivision (d) of Section 11054, or in paragraph (1) or (2) of subdivision (d) or in paragraph (3) of subdivision (e) or in paragraph (2) of subdivision (f) of Section 11055 shall receive an additional term as follows:
(1)  Where the substance exceeds three gallons of liquid by volume or one pound of solid substances by weight, the person shall receive an additional term of three years.
(2)  Where the substance exceeds 10 gallons of liquid by volume or three pounds of solid substance by weight, the person shall receive an additional term of five years.
(3)  Where the substance exceeds 25 gallons of liquid by volume or 10 pounds of solid substance by weight, the person shall receive an additional term of 10 years.
(4)  Where the substance exceeds 105 gallons of liquid by volume or 44 pounds of solid substance by weight, the person shall receive an additional term of 15 years.
In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.
(b)  The additional terms provided in this section shall not be imposed unless the allegation that the controlled substance exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(c)  The additional terms provided in this section shall be in addition to any other punishment provided by law.
(d)  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.
(e)  The conspiracy enhancements provided for in this section shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the direction or supervision of, or in a significant portion of the financing of, the underlying offense.
(Amended by Stats. 1998, Ch. 425, Sec. 3. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 5 - Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs › Section 11379.9.

11379.9. (a)  Except as provided by Section 11379.7, any person convicted of a violation of, or of an attempt to violate, subdivision (a) of Section 11379.6 or Section 11383, as those sections relate to methamphetamine or phencyclidine, when the commission or attempted commission of the offense causes the death or great bodily injury of another person other than an accomplice, shall, in addition and consecutive to any other punishment authorized by law, be punished by an additional term of one year in the state prison for each death or injury.
(b)  Nothing in this section shall preclude prosecution under both this section and Section 187, 192, or 12022.7, or any other provision of law. However, a person who is punished under another provision of law for causing death or great bodily injury as described in subdivision (a) shall not receive an additional term of imprisonment under this section.
(Amended by Stats. 1998, Ch. 936, Sec. 2. Effective September 28, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 5 - Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs › Section 11380.

11380. (a)  Every person 18 years of age or over who violates any provision of this chapter involving controlled substances which are (1) classified in Schedule III, IV, or V and which are not narcotic drugs or (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), specified in paragraph (11) of subdivision (c) of Section 11056, specified in paragraph (2) or (3) or subdivision (f) of Section 11054, or specified in subdivision (d), (e), or (f) of Section 11055, by the use of a minor as agent, who solicits, induces, encourages, or intimidates any minor with the intent that the minor shall violate any provision of this article involving those controlled substances or who unlawfully furnishes, offers to furnish, or attempts to furnish those controlled substances to a minor shall be punished by imprisonment in the state prison for a period of three, six, or nine years.
(b)  Nothing in this section applies to a registered pharmacist furnishing controlled substances pursuant to a prescription.
(Amended by Stats. 2001, Ch. 841, Sec. 8. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 5 - Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs › Section 11380.1.

11380.1. (a)  Notwithstanding any other provision of law, any person 18 years of age or over who is convicted of a violation of Section 11380, in addition to the punishment imposed for that conviction, shall receive an additional punishment as follows:
(1)  If the offense involved phencyclidine (PCP), methamphetamine, lysergic acid diethylamide (LSD), or any analog of these substances and occurred upon the grounds of, or within, a church or synagogue, a playground, a public or private youth center, a child day care facility, or a public swimming pool, during hours in which the facility is open for business, classes, or school-related programs, or at any time when minors are using the facility, the defendant shall, as a full and separately served enhancement to any other enhancement provided in paragraph (3), be punished by imprisonment in the state prison for one year.
(2)  If the offense involved phencyclidine (PCP), methamphetamine, lysergic acid diethylamide (LSD), or any analog of these substances and occurred upon, or within 1,000 feet of, the grounds of any public or private elementary, vocational, junior high school, 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, the defendant shall, as a full and separately served enhancement to any other enhancement provided in paragraph (3), be punished by imprisonment in the state prison for two years.
(3)  If the offense involved a minor who is at least four years younger than the defendant, the defendant shall, as a full and separately served enhancement to any other enhancement provided in this subdivision, be punished by imprisonment in the state prison for one, two, or three years, at the discretion of the court.
(b)  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.
(c)  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.
(d)  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.
(e)  The definitions contained in subdivision (e) of Section 11353.1 shall apply to this section.
(f)  This section does not require either that notice be posted regarding the proscribed conduct or that the applicable 1,000-foot boundary limit be marked.
(Amended by Stats. 1993, Ch. 556, Sec. 3.5. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 5 - Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs › Section 11381.

11381. 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. 3. (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 5 - Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs › Section 11382.

11382. Every person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, administer, or give any controlled substance which is (a) classified in Schedule III, IV, or V and which is not a narcotic drug, or (b) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), specified in paragraph (11) of subdivision (c) of Section 11056, or specified in subdivision (d), (e), or (f) of Section 11055, to any person, or offers, arranges, or negotiates to have that controlled substance unlawfully sold, delivered, transported, furnished, administered, or given to any person and then sells, delivers, furnishes, transports, administers, or gives, or offers, or arranges, or negotiates to have sold, delivered, transported, furnished, administered, or given to any person any other liquid, substance, or material in lieu of that 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. 5. (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 5 - Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs › Section 11382.5.

11382.5. All controlled substances in Schedules I, II, III, IV, and V, in solid or capsule form, except for such controlled substances in the possession or inventory of a wholesaler, retailer, or pharmacist on January 1, 1975, shall not be sold, furnished, or distributed in this state unless they have on the controlled substance if in solid form, or on the capsule if in capsule form, an identifying device, insignia, or mark of the manufacturer of such controlled substance. However, the exception for such controlled substances in the possession or inventory of a wholesaler, retailer, or pharmacist shall not be available to any wholesaler, retailer, or pharmacist under the control or jurisdiction of a manufacturer of controlled substances.
This section shall not apply to a pharmacist who, in accordance with applicable state law, compounds such controlled substance in the course of his practice as a pharmacist for direct dispensing by him upon a prescription of any person licensed to prescribe such controlled substances.
(Added by Stats. 1974, Ch. 926.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 6 - Precursors of Phencyclidine (PCP) and Methamphetamine › Section 11383.

11383. (a) Any person who possesses at the same time any of the following combinations, a combination product thereof, or possesses any compound or mixture containing the chemicals listed in the following combinations, with the intent to manufacture phencyclidine (PCP) or any of its analogs specified in subdivision (d) of Section 11054 or subdivision (e) of Section 11055, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years:
(1)  Piperidine and cyclohexanone.
(2)  Pyrrolidine and cyclohexanone.
(3)  Morpholine and cyclohexanone.
(b) Any person who possesses the optical, positional, or geometric isomer of any of the compounds listed in this section, with the intent to manufacture these controlled substances is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years:
(1) Phencyclidine (PCP).
(2) Any analog of PCP specified in subdivision (d) of Section 11054, or in subdivision (e) of Section 11055.
(c) Any person who possesses any compound or mixture containing piperidine, cyclohexanone, pyrrolidine, morpholine, 1-phenylcyclohexylamine (PCA), 1-piperidinocyclohexanecarbonitrile (PCC), or phenylmagnesium bromide (PMB) with the intent to manufacture phencyclidine, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years.
(d) Any person who possesses immediate precursors sufficient for the manufacture of piperidine, cyclohexanone, pyrrolidine, morpholine, or phenylmagnesium bromide (PMB) with the intent to manufacture phencyclidine, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years.
(e) This section does not apply to drug manufacturers licensed by this state or persons authorized by regulation of the Board of Pharmacy to possess those substances or combinations of substances.
(Amended by Stats. 2011, Ch. 15, Sec. 179. (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 6 - Precursors of Phencyclidine (PCP) and Methamphetamine › Section 11383.6.

11383.6. (a) Any person who possesses at the same time any of the following combinations, a combination product thereof, or possesses any compound or mixture containing the chemicals listed in the following combinations, with the intent to sell, transfer, or otherwise furnish those chemicals, combinations, or mixtures to another person with the knowledge that they will be used to manufacture phencyclidine (PCP) or any of its analogs specified in subdivision (d) of Section 11054 or subdivision (e) of Section 11055 is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two, or three years:
(1) Piperidine and cyclohexanone.
(2) Pyrrolidine and cyclohexanone.
(3) Morpholine and cyclohexanone.
(b) Any person who possesses the optical, positional, or geometric isomer of any of the compounds listed in this section with the intent to sell, transfer, or otherwise furnish the isomer to another person with the knowledge that they will be used to manufacture these controlled substances is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two, or three years:
(1) Phencyclidine (PCP).
(2) Any analog of PCP specified in subdivision (d) of Section 11054, or in subdivision (e) of Section 11055.
(c) Any person who possesses any compound or mixture containing piperidine, cyclohexanone, pyrrolidine, morpholine, 1-phenylcyclohexylamine (PCA), 1-piperidinocyclohexanecarbonitrile (PCC), or phenylmagnesium bromide (PMB) with the intent to sell, transfer, or otherwise furnish the compound or mixture to another person with the knowledge that it will be used to manufacture phencyclidine is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two, or three years.
(d) Any person who possesses immediate precursors sufficient for the manufacture of piperidine, cyclohexanone, pyrrolidine, morpholine, or phenylmagnesium bromide (PMB) with the intent to sell, transfer or otherwise furnish the immediate precursors to another person with the knowledge that they will be used to manufacture phencyclidine is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two, or three years.
(e) This section does not apply to drug manufacturers licensed by this state or persons authorized by regulation of the Board of Pharmacy to possess those substances or combinations of substances.
(Amended by Stats. 2011, Ch. 15, Sec. 181. (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 6 - Precursors of Phencyclidine (PCP) and Methamphetamine › Section 11384.

11384. The Board of Pharmacy shall, by regulation, authorize such persons to possess any combinations of substance specified in subdivision (a) or (b) of Section 11383 as it determines need and will use such substance for a lawful purpose.
(Amended by Stats. 1976, Ch. 1116.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 7 - Mushrooms › Section 11390.

11390. Except as otherwise authorized by law, every person who, with intent to produce a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054, cultivates any spores or mycelium capable of producing mushrooms or other material which contains such a controlled substance shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.
(Added by Stats. 1985, Ch. 1264, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 7 - Mushrooms › Section 11391.

11391. (a) Except as otherwise authorized by law, every person who transports, imports into this state, sells, furnishes, gives away, or offers to transport, import into this state, sell, furnish, or give away any spores or mycelium capable of producing mushrooms or other material which contain a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054 for the purpose of facilitating a violation of Section 11390 shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.
(b) For purposes of this section, “transport” means to transport for sale.
(c) This section does not preclude or limit prosecution for any aiding and abetting or conspiracy offenses.
(Amended by Stats. 2015, Ch. 77, Sec. 3. (AB 730) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6 - Offenses and Penalties › ARTICLE 7 - Mushrooms › Section 11392.

11392. Spores or mycelium capable of producing mushrooms or other material which contains psilocyn or psyoclyin may be lawfuly obtained and used for bona fide research, instruction, or analysis, if not in violation of federal law, and if the research, instruction, or analysis is approved by the Research Advisory Panel established pursuant to Sections 11480 and 11481.
(Added by Stats. 1985, Ch. 1264, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6.5 - Analogs › Section 11400.

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 and the synthetic cannabinoid compounds defined in Section 11357.5, 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 and synthetic cannabinoid compounds, 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 or 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 or the synthetic cannabinoid compound defined in Section 11357.5 of which it is an analog.
(Amended by Stats. 2017, Ch. 561, Sec. 113. (AB 1516) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 6.5 - Analogs › Section 11401.

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 or the synthetic cannabinoid compound defined in Section 11357.5 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 or a synthetic cannabinoid compound defined in Section 11357.5.
(2) A substance that 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 or a synthetic cannabinoid compound defined in Section 11357.5.
(c) The term “controlled substance analog” does not mean any of the following:
(1) A 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 that 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 Section 330 and following of Title 21 of the Code of Federal Regulations.
(2) With respect to a particular person, a 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) A 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.
(Amended by Stats. 2017, Ch. 561, Sec. 114. (AB 1516) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 7 - Department of Justice › Section 11450.

11450. The Attorney General may, in conformity with the State Civil Service Act, Part 2 (commencing with Section 18500), Division 5, Title 2 of the Government Code, employ such agents, chemists, clerical, and other employees as are necessary for the conduct of the affairs of the Department of Justice in carrying out its responsibilities specified in this division.
(Added by renumbering Section 11452 by Stats. 1974, Ch. 1403.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 7 - Department of Justice › Section 11454.

11454. The Attorney General and the agents appointed by him, when authorized so to do by the Attorney General, may expend such sums as the Attorney General deems necessary in the purchase of controlled substances for evidence and in the employment of operators to obtain evidence.
The sums so expended shall be repaid to the officer making the expenditures upon claims approved by the Attorney General and subject to postaudit by the Department of Finance. The claims when approved shall be paid out of the funds appropriated or made available by law for the support or use of the Department of Justice.
(Amended by Stats. 1974, Ch. 1403.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 8 - Seizure and Disposition › Section 11469.

11469. In order to ensure the proper utilization of the laws permitting the seizure and forfeiture of property under this chapter, the Legislature hereby establishes the following guidelines:
(a)  Law enforcement is the principal objective of forfeiture. Potential revenue must not be allowed to jeopardize the effective investigation and prosecution of criminal offenses, officer safety, the integrity of ongoing investigations, or the due process rights of citizens.
(b)  No prosecutor’s or sworn law enforcement officer’s employment or salary shall be made to depend upon the level of seizures or forfeitures he or she achieves.
(c)  Whenever appropriate, prosecutors should seek criminal sanctions as to the underlying criminal acts which give rise to the forfeiture action.
(d)  Seizing agencies shall have a manual detailing the statutory grounds for forfeiture and all applicable policies and procedures. The manual shall include procedures for prompt notice to interestholders, the expeditious release of seized property, where appropriate, and the prompt resolution of claims of innocent ownership.
(e)  Seizing agencies shall implement training for officers assigned to forfeiture programs, which training should be ongoing.
(f)  Seizing agencies shall avoid any appearance of impropriety in the sale or acquisition of forfeited property.
(g)  Seizing agencies shall not put any seized or forfeited property into service.
(h)  Unless otherwise provided by law, forfeiture proceeds shall be maintained in a separate fund or account subject to appropriate accounting controls and annual financial audits of all deposits and expenditures.
(i)  Seizing agencies shall ensure that seized property is protected and its value preserved.
(j)  Although civil forfeiture is intended to be remedial by removing the tools and profits from those engaged in the illicit drug trade, it can have harsh effects on property owners in some circumstances. Therefore, law enforcement shall seek to protect the interests of innocent property owners, guarantee adequate notice and due process to property owners, and ensure that forfeiture serves the remedial purpose of the law.
(Added by Stats. 1994, Ch. 314, Sec. 1. Effective August 19, 1994.)