BILL NUMBER: AB 2254	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 18, 2010

   An act to add Section 23394.1 to, and to add Chapter 19
(commencing with Section 26000) to Division 9 of, the Business and
Professions Code, to amend Sections 7597 and 68152 of the Government
Code, to amend Sections 1596.795, 11014.5, 11054, 11357, 11364.5,
11370, 11470, 11488, 11532, 11703, 11705, 118880, 118885, 118890,
118895, 118900, 118905, 118915, 118925, and 118935 of, to add
Division 10.3 (commencing with Section 11720) to, and to repeal
Sections 11358, 11359, 11360, and 11485 of, the Health and Safety
Code, to amend Section 6404.5 of the Labor Code, to amend Section 561
of the Public Utilities Code, to add Part 14.6 (commencing with
Section 34001) to Division 2 of the Revenue and Taxation Code, to
amend Sections 23222 and 40000.15 of the Vehicle Code, and to amend
Sections 4138 and 18901.3 of the Welfare and Institutions Code,
relating to marijuana.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2254, as introduced, Ammiano. Marijuana Control, Regulation,
and Education Act.
   Existing state law provides that every person who possesses,
sells, transports, or cultivates marijuana, concentrated cannabis, or
derivatives of marijuana, except as authorized by law, is guilty of
one or more crimes.
   This bill would remove marijuana and its derivatives from existing
statutes defining and regulating controlled substances. It would
instead provide for regulation by the Department of Alcoholic
Beverage Control of the possession, sale, cultivation, and other
conduct relating to marijuana and its derivatives, not including
medical marijuana, by persons 21 years of age and older, for
specified purposes. It would set up a wholesale and retail marijuana
sales regulation program to be administered and enforced by the
department, that imposes special fees to fund drug abuse prevention
programs, as specified, to commence after regulations concerning the
program have been issued by the department. It would ban local and
state assistance in enforcing inconsistent federal and other laws
relating to marijuana, and would provide specified infraction
penalties for violations of these new marijuana laws and regulations,
as specified. The bill would make existing prohibitions against the
smoking of tobacco products in specified areas, including public
offices and restaurants, applicable to the smoking of marijuana
products. It would make other conforming changes.
   By creating various crimes for violations of regulations and laws
created by this act, this bill would impose a state-mandated local
program.
    The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature in enacting this,
the Marijuana Control, Regulation, and Education Act, to do all of
the following:
   (a) To regulate marijuana and its derivatives for persons 21 years
of age or older.
   (b) To remove all existing civil and criminal penalties for
persons 21 years of age or older who cultivate, possess, transport,
sell, or use marijuana, without impacting existing laws proscribing
dangerous activities while under the influence of marijuana, or
certain conduct that exposes younger persons to marijuana.
   (c) To regulate marijuana in order to more effectively limit
access to marijuana by minors.
   (d) To deprive the criminal market of revenue derived from the
cultivation, smuggling, and sale of marijuana.
   (e) To reduce the violence associated with the criminal market for
marijuana.
   (f) To prevent the environmental degradation that results from the
production and eradication of marijuana associated with the criminal
market.
   (g) To address the overall failure of marijuana prohibition to
protect the public health and safety.
   (h) To raise funds and to discourage substance abuse by the
imposition of a substantial fee on the legal sale of marijuana, the
proceeds of which will support drug education and awareness.
   (i) To impose a set of regulations and laws concerning marijuana
comparable to those imposed on alcohol.
   (j) To impose substantial fines for violations of the
noncommercial regulations and laws concerning marijuana.
   (k) To prevent state and local agencies from supporting any
prosecution for federal or other crimes relating to marijuana that
are inconsistent with those provided in this bill.
   (l) To exclude medical marijuana from the fees and regulations
imposed by this act.
   (m) To encourage the federal government to reconsider its policies
concerning marijuana, and to change its laws accordingly.
  SEC. 2.  Section 23394.1 is added to the Business and Professions
Code, to read:
   23394.1.  An off-sale general license, as provided for in Section
23394, also authorizes the sale, to consumers only and not for
resale, of marijuana, concentrated cannabis, or any of its
derivatives pursuant to the provisions of Chapter 19 (commencing with
Section 26000) of this division.
  SEC. 3.  Chapter 19 (commencing with Section 26000) is added to
Division 9 of the Business and Professions Code, to read:
      CHAPTER 19.  COMMERCIAL MARIJUANA PRODUCTION AND SALE


   26000.  (a) This chapter is an exercise of the police powers of
the state for the protection of the safety, welfare, health, peace,
and morals of the people of the state, to eliminate the evils of
unlicensed and unlawful production, selling, and disposing of
marijuana, and to promote temperance in the use and consumption of
marijuana. It is hereby declared that the subject matter of this
chapter involves in the highest degree the economic, social, and
moral well-being and the safety of the state and of all its people.
All provisions of this chapter shall be liberally construed for the
accomplishment of these purposes.
   (b) It is the intention of the Legislature in enacting this
chapter to ensure the strict, honest, impartial, and uniform
administration and enforcement of marijuana laws throughout the state
governing the production, sale, disposal, and promotion of
temperance in the use and consumption of marijuana.
   (c) The Department of Alcoholic Beverage Control shall administer
and enforce this chapter. The department shall make and prescribe
those reasonable rules as may be necessary or proper to carry out the
purposes and intent of, and to enable it to exercise the powers and
perform the duties conferred upon it by, this chapter.
   26010.  For purposes of this chapter, "marijuana" means all parts
of the plant Cannabis sativa L., whether growing or not; the seeds
thereof; the resin extracted from any part of the plant; concentrated
cannabis; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant or of its seeds or resin. It
does not include the mature stalks of the plant, fiber produced from
the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of
the mature stalks (except the resin extracted therefrom), fiber, oil,
or cake, or the sterilized seed of the plant that is incapable of
germination. For purposes of this chapter, "marijuana" does not
include "medical marijuana" that is regulated under Article 2.5
(commencing with Section 11362.7) of Chapter 6 of Division 10 of the
Health and Safety Code.
   26020.  (a) The department shall license commercial cultivators of
marijuana. The fee for the license shall be set at an amount that
will reasonably cover the costs of assuring compliance with the
regulations to be issued, but may not exceed five thousand dollars
($5,000) for an initial application, or two thousand five hundred
dollars ($2,500) per year for each annual renewal.
   (b) Regulations adopted by the department pursuant to this chapter
shall require background checks of applicants be conducted. At the
request of the department, the Attorney General or any local agency
shall provide summary criminal history information to the department
as provided in Sections 11105 and 13300 of the Penal Code.
   26030.  The department shall, with consideration for the risks
posed by cultivation of a valuable crop with public health
implications that is subject to significant fees, issue and enforce
regulations concerning commercial cultivators of marijuana that
provide for all of the following:
   (a) Adequate security to reasonably protect against unauthorized
access to the marijuana crop at all stages of cultivation,
harvesting, drying, processing, packing, and delivery to licensed
sales outlets or wholesalers. Each licensee shall be required to
provide a detailed crop security plan, along with satisfactory proof
of the financial ability of the licensee to provide for that
security.
   (b) Appropriate employment rules, including the rule that a person
under 21 years of age may not have access to marijuana during
cultivation, storage, drying, or packing, or at any other time.
   (c) Safeguards to assure that a person under 21 years of age may
not transport marijuana on behalf of a commercial buyer or commercial
seller.
   (d) Restrictions to ensure that marijuana is not used or consumed
on the premises of a commercial cultivator.
   (e) An inspection and tracking system to reasonably ensure that
all marijuana produced by the cultivator that is eventually sold is
assessed pursuant to Part 14.6 (commencing with Section 34001) of
Division 2 of the Revenue and Taxation Code.
   (f) Recordkeeping consistent with the regulatory needs of the
department.
   (g) Ensure that all applicable statutory environmental and
agricultural requirements are followed in the cultivation of
marijuana.
   26040.  (a) The department shall license marijuana wholesalers,
who shall be allowed to package and prepare marijuana for sale, and
who shall be authorized to sell marijuana to licensed sales outlets.
The fee for the license shall be set in an amount that will
reasonably cover the costs of compliance with the regulations to be
issued, but may not exceed five thousand dollars ($5,000) for an
initial application, or two thousand five hundred dollars ($2,500)
per year for each annual renewal.
   (b) The department shall issue regulations that include a
requirement that all applicants for licensure receive background
checks. At the request of the department, the Attorney General or any
local agency shall provide summary criminal history information to
the department as provided in Sections 11105 and 13300 of the Penal
Code.
   26050.  The department shall, with consideration for the risks
posed by a valuable commodity with public health implications that is
subject to significant fees, issue and enforce regulations
concerning the sale, packaging, and labeling of marijuana by
wholesale licensees. Those regulations shall provide for all of the
following:
   (a) Adequate security to reasonably protect against unauthorized
access to marijuana at all stages of the wholesaler's possession of
the marijuana, including receiving, processing, packing, storage, and
delivery to licensed sales outlets. Each wholesaler shall be
required to provide a detailed product security plan, along with
satisfactory proof of the financial ability of the licensee to
provide for that security.
   (b) Appropriate employment rules, including the rule that a person
under 21 years of age may not have access to marijuana during
receiving, processing, packing, storage, and delivery or at any other
time.
   (c) Safeguards to assure that a person under 21 years of age may
not transport marijuana on behalf of a commercial buyer or commercial
seller.
   (d) Restrictions to ensure that marijuana is not used or consumed
on the premises of a wholesaler.
   (e) An inspection and tracking system to reasonably ensure that
all marijuana received by the wholesaler that is eventually sold is
assessed pursuant to Part 14.6 (commencing with Section 34001) of
Division 2 of the Revenue and Taxation Code.
   (f) Recordkeeping consistent with the regulatory needs of the
department.
   (g) Adequate labeling of packages of marijuana to describe the
purity, potency, processing, and any adulteration of the product.
   26060.  The department shall issue and enforce regulations
concerning the sale of marijuana by off-sale general licensees. Those
regulations shall provide for all of the following:
   (a) An inspection and tracking system to ensure that marijuana may
not be sold by a licensee if that marijuana has not been made
subject to an assessment provided for in Part 14.6 (commencing with
Section 34001) of Division 2 of the Revenue and Taxation Code.
   (b) Marijuana shall be kept behind a counter in an area not
directly accessible to any customer, and shall be stored in a case
that is locked between sales.
   (c) Marijuana may not be sold to anyone under 21 years of age.
   (d) Punishments for violations in actions against licensees that
are in substantial accord with those applicable to the regulation of
alcohol sales, including heavy penalties for permitting persons under
21 years of age to purchase these products and other appropriate
regulatory provisions concerning matters as the time of sale,
deliveries, and signage. It is the intent of the people in enacting
this act that the regulation of marijuana sales be consistent with
the statutory guidance regarding alcohol sales in Chapter 16
(commencing with Section 25600), to the extent that consistency is
feasible.
   (e) Recordkeeping consistent with the regulatory needs of the
department.
   26070.  Beginning 30 days after the operative date of the
regulations issued pursuant to this chapter, the department shall
begin to enforce the provisions of this chapter.
  SEC. 4.  Section 7597 of the Government Code is amended to read:
   7597.  (a) No public employee or member of the public shall smoke
any tobacco  or marijuana  product inside a public building,
or in an outdoor area within 20 feet of a main exit, entrance, or
operable window of a public building, or in a passenger vehicle, as
defined by Section 465 of the Vehicle Code, owned by the state.
   (b) This section shall not preempt the authority of any county,
city, city and county, California Community College campus, campus of
the California State University, or campus of the University of
California to adopt and enforce additional smoking and tobacco
control ordinances, regulations, or policies that are more
restrictive than the applicable standards required by this chapter.
  SEC. 5.  Section 68152 of the Government Code is amended to read:
   68152.  The trial court clerk may destroy court records under
Section 68153 after notice of destruction and if there is no request
and order for transfer of the records, except the comprehensive
historical and sample superior court records preserved for research
under the California Rules of Court, when the following times have
expired after final disposition of the case in the categories listed:

   (a) Adoption: retain permanently.
   (b) Change of name: retain permanently.
   (c) Other civil actions and proceedings, as follows:
   (1) Except as otherwise specified: 10 years.
   (2) Where a party appears by a guardian ad litem: 10 years after
termination of the court's jurisdiction.
   (3) Domestic violence: same period as duration of the restraining
or other orders and renewals, then retain the restraining or other
orders as a judgment; 60 days after expiration of the temporary
protective or temporary restraining order.
   (4) Eminent domain: retain permanently.
   (5) Family law, except as otherwise specified: 30 years.
   (6) Harassment: same period as duration of the injunction and
renewals, then retain the injunction as a judgment; 60 days after
expiration of the temporary restraining order.
   (7) Mental health (Lanterman Developmental Disabilities Services
Act and Lanterman-Petris-Short Act): 30 years.
   (8) Paternity: retain permanently.
   (9) Petition, except as otherwise specified: 10 years.
   (10) Real property other than unlawful detainer: retain
permanently if the action affects title or an interest in real
property.
   (11) Small claims: 10 years.
   (12) Unlawful detainer: one year if judgment is for possession of
the premises; 10 years if judgment is for money.
   (d) Notwithstanding subdivision (c), any civil or small claims
case in the trial court:
   (1) Involuntarily dismissed by the court for delay in prosecution
or failure to comply with state or local rules: one year.
   (2) Voluntarily dismissed by a party without entry of judgment:
one year.
   Notation of the dismissal shall be made on the civil index of
cases or on a separate dismissal index.
   (e) Criminal.
   (1) Capital felony (murder with special circumstances where the
prosecution seeks the death penalty): retain permanently. If the
charge is disposed of by acquittal or a sentence less than death, the
case shall be reclassified.
   (2) Felony, except as otherwise specified: 75 years.
   (3) Felony, except capital felony, with court records from the
initial complaint through the preliminary hearing or plea and for
which the case file does not include final sentencing or other final
disposition of the case because the case was bound over to the
superior court: five years.
   (4) Misdemeanor, except as otherwise specified: five years.
   (5) Misdemeanor alleging a violation of the Vehicle Code, except
as otherwise specified: three years.
   (6) Misdemeanor alleging a violation of Section 23103, 23152, or
23153 of the Vehicle Code: 10 years.
   (7) Misdemeanor alleging a violation of Section 14601, 14601.1,
20002, 23104, 23105, 23109, or 23109.1 of the Vehicle Code: five
years.
   (8) Misdemeanor alleging a marijuana violation under subdivision
 (b), (c), (d),   (a)  or  (e)
  (b)  of Section 11357 of the Health and Safety
 Code, or subdivision (b) of Section 11360 of the Health and
Safety  Code in accordance with the procedure set forth in
Section 11361.5 of the Health and Safety Code: records shall be
destroyed two years from the date of conviction or from the date of
arrest if no conviction.
   (9) Misdemeanor, infraction, or civil action alleging a violation
of the regulation and licensing of dogs under Sections 30951 to
30956, inclusive, of the Food and Agricultural Code or violation of
any other local ordinance: three years.
   (10) Misdemeanor action resulting in a requirement that the
defendant register as a sex offender pursuant to Section 290 of the
Penal Code: 75 years. This paragraph shall apply to records relating
to a person convicted on or after September 20, 2006.
   (11) Infraction, except as otherwise specified: three years.
   (12) Parking infractions, including alleged violations under the
stopping, standing, and parking provisions set forth in Chapter 9
(commencing with Section 22500) of Division 11 of the Vehicle Code:
two years.
   (f) Habeas corpus: same period as period for retention of the
records in the underlying case category.
   (g) Juvenile.
   (1) Dependent (Section 300 of the Welfare and Institutions Code):
upon reaching age 28 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed pursuant to subdivision (c) of
Section 389 of the Welfare and Institutions Code.
   (2) Ward (Section 601 of the Welfare and Institutions Code): upon
reaching age 21 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed under subdivision (d) of Section
781 of the Welfare and Institutions Code.
   (3) Ward (Section 602 of the Welfare and Institutions Code): upon
reaching age 38 under subdivision (a) of Section 826 of the Welfare
and Institutions Code. Sealed records shall be destroyed upon court
order when the subject of the record reaches the age of 38 under
subdivision (d) of Section 781 of the Welfare and Institutions Code.
   (4) Traffic and some nontraffic misdemeanors and infractions
(Section 601 of the Welfare and Institutions Code): upon reaching age
21 or five years after jurisdiction over the person has terminated
under subdivision (c) of Section 826 of the Welfare and Institutions
Code. May be microfilmed or photocopied.
   (5) Marijuana misdemeanor under subdivision  (e) 
 (b)  of Section 11357 of the Health and Safety Code in
accordance with procedures specified in subdivision (a) of Section
11361.5 of the Health and Safety Code: upon reaching age 18 the
records shall be destroyed.
   (h) Probate.
   (1) Conservatorship: 10 years after decree of termination.
   (2) Guardianship: 10 years after the age of 18.
   (3) Probate, including probated wills, except as otherwise
specified: retain permanently.
   (i) Court records of the appellate division of the superior court:
five years.
   (j) Other records.
   (1) Applications in forma pauperis: any time after the disposition
of the underlying case.
   (2) Arrest warrant: same period as period for retention of the
records in the underlying case category.
   (3) Bench warrant: same period as period for retention of the
records in the underlying case category.
   (4) Bond: three years after exoneration and release.
   (5) Coroner's inquest report: same period as period for retention
of the records in the underlying case category; if no case, then
permanent.
   (6) Court orders not associated with an underlying case, such as
orders for destruction of court records for telephone taps, or to
destroy drugs, and other miscellaneous court orders: three years.
   (7) Court reporter notes: 10 years after the notes have been taken
in criminal and juvenile proceedings and five years after the notes
have been taken in all other proceedings, except notes reporting
proceedings in capital felony cases (murder with special
circumstances where the prosecution seeks the death penalty and the
sentence is death), including notes reporting the preliminary
hearing, which shall be retained permanently, unless the Supreme
Court on request of the court clerk authorizes the destruction.
   (8) Electronic recordings made as the official record of the oral
proceedings under the California Rules of Court: any time after final
disposition of the case in infraction and misdemeanor proceedings,
10 years in all other criminal proceedings, and five years in all
other proceedings.
   (9) Electronic recordings not made as the official record of the
oral proceedings under the California Rules of Court: any time either
before or after final disposition of the case.
   (10) Index, except as otherwise specified: retain permanently.
   (11) Index for cases alleging traffic violations: same period as
period for retention of the records in the underlying case category.
   (12) Judgments within the jurisdiction of the superior court other
than in a limited civil case, misdemeanor case, or infraction case:
retain permanently.
   (13) Judgments in misdemeanor cases, infraction cases, and limited
civil cases: same period as period for retention of the records in
the underlying case category.
   (14) Minutes: same period as period for retention of the records
in the underlying case category.
   (15) Naturalization index: retain permanently.
   (16) Ninety-day evaluation (under Section 1203.03 of the Penal
Code): same period as period for retention of the records in the
underlying case category, or period for completion or termination of
probation, whichever is longer.
   (17) Register of actions or docket: same period as period for
retention of the records in the underlying case category, but in no
event less than 10 years for civil and small claims cases.
   (18) Search warrant: 10 years, except search warrants issued in
connection with a capital felony case defined in paragraph (7), which
shall be retained permanently.
   (k) Retention of the court records under this section shall be
extended as follows:
   (1) By order of the court on its own motion, or on application of
a party or an interested member of the public for good cause shown
and on those terms as are just. A fee shall not be charged for making
the application.
   (2) Upon application and order for renewal of the judgment to the
extended time for enforcing the judgment.
  SEC. 6.  Section 1596.795 of the Health and Safety Code is amended
to read:
   1596.795.  (a) The smoking of tobacco  or marijuana  in a
private residence that is licensed as a family day care home shall
be prohibited during the hours of operation as a family day care home
and in those areas of the family day care home where children are
present. Nothing in this section shall prohibit a city or county from
enacting or enforcing an ordinance relating to  the 
smoking  of tobacco or marijuana  in a family day care home
if the ordinance is more stringent than this section.
   (b) The smoking of tobacco  or marijuana  on the premises
of a licensed day care center shall be prohibited.
  SEC. 7.  Section 11014.5 of the Health and Safety Code is amended
to read:
   11014.5.  (a) "Drug paraphernalia" means all equipment, 
products   products,  and materials of any kind
 which   that  are designed for use or
marketed for  use,   use  in planting,
propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance in violation of this division. It
includes, but is not limited to:
   (1) Kits designed for use or marketed for use in planting,
propagating, cultivating, growing, or harvesting of any species of
plant which is a controlled substance or from which a controlled
substance can be derived.
   (2) Kits designed for use or marketed for use in manufacturing,
compounding, converting, producing, processing, or preparing
controlled substances.
   (3) Isomerization devices designed for use or marketed for use in
increasing the potency of any species of plant which is a controlled
substance.
   (4) Testing equipment designed for use or marketed for use in
identifying, or in analyzing the strength, effectiveness, or purity
of controlled substances.
   (5) Scales and balances designed for use or marketed for use in
weighing or measuring controlled substances.
   (6) Containers and other objects designed for use or marketed for
use in storing or concealing controlled substances.
   (7) Hypodermic syringes, needles, and other objects designed for
use or marketed for use in parenterally injecting controlled
substances into the human body.
   (8) Objects designed for use or marketed for use in ingesting,
inhaling, or otherwise introducing  marijuana, cocaine,
hashish, or hashish oil   cocaine  into the human
body, such as  the following  :
   (A) Carburetion tubes and devices.
   (B) Smoking and carburetion masks.
   (C) Roach clips, meaning objects used to hold burning 
material, such as a marijuana cigarette,   material
 that has become too small or too short to be held in the hand.
   (D) Miniature cocaine spoons, and cocaine vials.
   (E) Chamber pipes.
   (F) Carburetor pipes.
   (G) Electric pipes.
   (H) Air-driven pipes.
   (I) Chillums.
   (J) Bongs.
   (K) Ice pipes or chillers.
   (b) For the purposes of this section, the phrase "marketed for use"
means advertising, distributing, offering for sale, displaying for
sale, or selling in a manner which promotes the use of equipment,
products, or materials with controlled substances.
   (c) In determining whether an object is drug paraphernalia, a
court or other authority may consider, in addition to all other
logically relevant factors, the following:
   (1) Statements by an owner or by anyone in control of the object
concerning its use.
   (2) Instructions, oral or written, provided with the object
concerning its use for ingesting, inhaling, or otherwise introducing
a controlled substance into the human body.
   (3) Descriptive materials accompanying the object which explain or
depict its use.
   (4) National and local advertising concerning its use.
   (5) The manner in which the object is displayed for sale.
   (6) Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products.
   (7) Expert testimony concerning its use.
   (d) If any provision of this section or the application thereof to
any person or circumstance is held invalid, it is the intent of the
Legislature that the invalidity shall not affect other provisions or
applications of the section which can be given effect without the
invalid provision or application and to this end the provisions of
this section are severable.
  SEC. 8.  Section 11054 of the Health and Safety Code is amended to
read:
   11054.  (a) The controlled substances listed in this section are
included in Schedule I.
   (b) Opiates. Unless specifically excepted or unless listed in
another schedule, any of the following opiates, including their
isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers whenever the existence of
         those isomers, esters, ethers, and salts is possible within
the specific chemical designation:
   (1) Acetylmethadol.
   (2) Allylprodine.
   (3) Alphacetylmethadol (except levoalphacetylmethadol, also known
as  levo-alpha- acetylmethadol  
levo-alpha-acetylmethadol  , levomethadyl acetate, or LAAM).
   (4) Alphameprodine.
   (5) Alphamethadol.
   (6) Benzethidine.
   (7) Betacetylmethadol.
   (8) Betameprodine.
   (9) Betamethadol.
   (10) Betaprodine.
   (11) Clonitazene.
   (12) Dextromoramide.
   (13) Diampromide.
   (14) Diethylthiambutene.
   (15) Difenoxin.
   (16) Dimenoxadol.
   (17) Dimepheptanol.
   (18) Dimethylthiambutene.
   (19) Dioxaphetyl butyrate.
   (20) Dipipanone.
   (21) Ethylmethylthiambutene.
   (22) Etonitazene.
   (23) Etoxeridine.
   (24) Furethidine.
   (25) Hydroxypethidine.
   (26) Ketobemidone.
   (27) Levomoramide.
   (28) Levophenacylmorphan.
   (29) Morpheridine.
   (30) Noracymethadol.
   (31) Norlevorphanol.
   (32) Normethadone.
   (33) Norpipanone.
   (34) Phenadoxone.
   (35) Phenampromide.
   (36) Phenomorphan.
   (37) Phenoperidine.
   (38) Piritramide.
   (39) Proheptazine.
   (40) Properidine.
   (41) Propiram.
   (42) Racemoramide.
   (43) Tilidine.
   (44) Trimeperidine.
   (45) Any substance which contains any quantity of acetylfentanyl
(N-[1-phenethyl-4-piperidinyl] acetanilide) or a derivative thereof.
   (46) Any substance which contains any quantity of the thiophene
analog of acetylfentanyl (N-[1-[2-(2-thienyl)ethyl]-4-piperidinyl]
acetanilide) or a derivative thereof.
   (47) 1-Methyl-4-Phenyl-4-Propionoxypiperidine (MPPP).
   (48) 1-(2-Phenethyl)-4-Phenyl-4-Acetyloxypiperidine (PEPAP).
   (c) Opium derivatives. Unless specifically excepted or unless
listed in another schedule, any of the following opium derivatives,
its salts, isomers, and salts of isomers whenever the existence of
those salts, isomers, and salts of isomers is possible within the
specific chemical designation:
   (1) Acetorphine.
   (2) Acetyldihydrocodeine.
   (3) Benzylmorphine.
   (4) Codeine methylbromide.
   (5) Codeine-N-Oxide.
   (6) Cyprenorphine.
   (7) Desomorphine.
   (8) Dihydromorphine.
   (9) Drotebanol.
   (10) Etorphine (except hydrochloride salt).
   (11) Heroin.
   (12) Hydromorphinol.
   (13) Methyldesorphine.
   (14) Methyldihydromorphine.
   (15) Morphine methylbromide.
   (16) Morphine methylsulfonate.
   (17) Morphine-N-Oxide.
   (18) Myrophine.
   (19) Nicocodeine.
   (20) Nicomorphine.
   (21) Normorphine.
   (22) Pholcodine.
   (23) Thebacon.
   (d) Hallucinogenic substances. Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture,
or preparation, which contains any quantity of the following
hallucinogenic substances, or which contains any of its salts,
isomers, and salts of isomers whenever the existence of those salts,
isomers, and salts of isomers is possible within the specific
chemical designation (for purposes of this subdivision only, the term
"isomer" includes the optical, position, and geometric isomers):
   (1) 4-bromo-2,5-dimethoxy-amphetamine--Some trade or other names:
4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA.
   (2) 2,5-dimethoxyamphetamine--Some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA.
   (3) 4-methoxyamphetamine--Some trade or other names:
4-methoxy-alpha-methylphenethylamine, paramethoxyamphetamine, PMA.
   (4) 5-methoxy-3,4-methylenedioxy-amphetamine.
   (5) 4-methyl-2,5-dimethoxy-amphetamine--Some trade or other names:
4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"; and "STP."

   (6) 3,4-methylenedioxy amphetamine.
   (7) 3,4,5-trimethoxy amphetamine.
   (8) Bufotenine--Some trade or other names: 3-
(beta-dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5
indolol; N,N-dimethylserolonin, 5-hydroxy-N,N-dimethyltryptamine;
mappine.
   (9) Diethyltryptamine--Some trade or other names:
N,N-Diethyltryptamine; DET.
   (10) Dimethyltryptamine--Some trade or other names: DMT.
   (11) Ibogaine--Some trade or other names: 7-Ethyl-6,6beta,
7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1',2':1,2]
azepino [5,4-b] indole; Tabernantheiboga.
   (12) Lysergic acid diethylamide. 
   (13) Marijuana. 
   (14) Mescaline.
   (15) Peyote--Meaning all parts of the plant presently classified
botanically as Lophophora williamsii Lemaire, whether growing or not,
the seeds thereof, any extract from any part of the plant, and every
compound, manufacture, salts, derivative, mixture, or preparation of
the plant, its seeds or extracts (interprets 21 U.S.C. Sec. 812(c),
Schedule 1(c)(12)).
   (16) N-ethyl-3-piperidyl benzilate.
   (17) N-methyl-3-piperidyl benzilate.
   (18) Psilocybin.
   (19) Psilocyn.
   (20)  Tetrahydrocannabinols.  Synthetic 
tetrahydrocannabinols not derived from cannabis plants. Synthetic
 equivalents of the substances contained in the plant, or in the
resinous extractives of Cannabis, sp.  and/or  
or  synthetic substances, derivatives, and their isomers with
similar chemical structure and pharmacological activity such as the
following: delta 1 cis or trans tetrahydrocannabinol, and their
optical isomers; delta 6 cis or trans tetrahydrocannabinol, and their
optical isomers; delta 3,4 cis or trans tetrahydrocannabinol, and
its optical isomers.
   (Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of numerical
designation of atomic positions covered).
   (21) Ethylamine analog of phencyclidine--Some trade or other
names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE.
   (22) Pyrrolidine analog of phencyclidine--Some trade or other
names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCP, PHP.
   (23) Thiophene analog of phencyclidine--Some trade or other names:
1-[1-(2 thienyl)-cyclohexyl]-piperidine, 2-thienyl analog of
phencyclidine, TPCP, TCP.
   (e) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a
depressant effect on the central nervous system, including its salts,
isomers, and salts of isomers whenever the existence of those salts,
isomers, and salts of isomers is possible within the specific
chemical designation:
   (1) Mecloqualone.
   (2) Methaqualone.
   (3) Gamma hydroxybutyric acid (also known by other names such as
GHB; gamma hydroxy butyrate; 4-hydroxybutyrate; 4-hydroxybutanoic
acid; sodium oxybate; sodium oxybutyrate), including its immediate
precursors, isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, including, but not limited to,
gammabutyrolactone, for which an application has not been approved
under Section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. Sec. 355).
   (f) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its isomers:
   (1) Cocaine base.
   (2) Fenethylline, including its salts.
   (3) N-Ethylamphetamine, including its salts.
  SEC. 9.  Section 11357 of the Health and Safety Code is amended to
read: 
   11357.  (a) Except as authorized by law, every person who
possesses any concentrated cannabis shall be punished by imprisonment
in the county jail for a period of not more than one year or by a
fine of not more than five hundred dollars ($500), or by both such
fine and imprisonment, or shall be punished by imprisonment in the
state prison.
   (b) Except as authorized by law, every person who possesses not
more than 28.5 grams of marijuana, other than concentrated cannabis,
is guilty of a misdemeanor and shall be punished by a fine of not
more than one hundred dollars ($100). Notwithstanding other
provisions of law, if such person has been previously convicted three
or more times of an offense described in this subdivision during the
two-year period immediately preceding the date of commission of the
violation to be charged, the previous convictions shall also be
charged in the accusatory pleading and, if found to be true by the
jury upon a jury trial or by the court upon a court trial or if
admitted by the person, the provisions of Sections 1000.1 and 1000.2
of the Penal Code shall be applicable to him, and the court shall
divert and refer him for education, treatment, or rehabilitation,
without a court hearing or determination or the concurrence of the
district attorney, to an appropriate community program which will
accept him. If the person is so diverted and referred he shall not be
subject to the fine specified in this subdivision. If no community
program will accept him, the person shall be subject to the fine
specified in this subdivision. In any case in which a person is
arrested for a violation of this subdivision and does not demand to
be taken before a magistrate, such person shall be released by the
arresting officer upon presentation of satisfactory evidence of
identity and giving his written promise to appear in court, as
provided in Section 853.6 of the Penal Code, and shall not be
subjected to booking.
   (c) Except as authorized by law, every person who possesses more
than 28.5 grams of marijuana, other than concentrated cannabis, shall
be punished by imprisonment in the county jail for a period of not
more than six months or by a fine of not more than five hundred
dollars ($500), or by both such fine and imprisonment.
   (d) Except as authorized by law, every person 18 years of age or
over who possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, upon the grounds of, or within, any school
providing instruction in kindergarten or any of grades 1 through 12
during hours the school is open for classes or school-related
programs is guilty of a misdemeanor and shall be punished by a fine
of not more than five hundred dollars ($500), or by imprisonment in
the county jail for a period of not more than 10 days, or both.

    11357.    (a)     Except as
authorized by law, every person 18 years of age or over who possesses
marijuana or concentrated cannabis upon the grounds of, or within,
any school providing instruction in kindergarten or any of grades 1
through 12 during hours the school is open for classes or
school-related programs is guilty of a misdemeanor and shall be
punished by a fine of not more than five hundred dollars ($500), or
by imprisonment in the county jail for a period of not more than 10
days, or both.  
   (c) 
    (b)  Except as authorized by law, every person under
 the age of 18   18 years of age  who
possesses  not more than 28.5 grams of marijuana, other than
  marijuana or  concentrated cannabis, upon the
grounds of, or within, any school providing instruction in
kindergarten or any of grades 1 through 12 during hours the school is
open for classes or school-related programs is guilty of a
misdemeanor and shall be subject to the following dispositions:
   (1) A fine of not more than two hundred fifty dollars ($250), upon
a finding that a first offense has been committed.
   (2) A fine of not more than five hundred dollars ($500), or
commitment to a juvenile hall, ranch, camp, forestry camp, or secure
juvenile home for a period of not more than 10 days, or both, upon a
finding that a second or subsequent offense has been committed.
  SEC. 10.  Section 11358 of the Health and Safety Code is repealed.

   11358.  Every person who plants, cultivates, harvests, dries, or
processes any marijuana or any part thereof, except as otherwise
provided by law, shall be punished by imprisonment in the state
prison.
  SEC. 11.  Section 11359 of the Health and Safety Code is repealed.

   11359.  Every person who possesses for sale any marijuana, except
as otherwise provided by law, shall be punished by imprisonment in
the state prison. 
  SEC. 12.  Section 11360 of the Health and Safety Code is repealed.

   11360.  (a)  Except as otherwise provided by this section or as
authorized by law, 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
marijuana shall be punished by imprisonment in the state prison for a
period of two, three or four years.
   (b)  Except as authorized by law, every person who gives away,
offers to give away, transports, offers to transport, or attempts to
transport not more than 28.5 grams of marijuana, other than
concentrated cannabis, is guilty of a misdemeanor and shall be
punished by a fine of not more than one hundred dollars ($100). In
any case in which a person is arrested for a violation of this
subdivision and does not demand to be taken before a magistrate, such
person shall be released by the arresting officer upon presentation
of satisfactory evidence of identity and giving his written promise
to appear in court, as provided in Section 853.6 of the Penal Code,
and shall not be subjected to booking. 
  SEC. 13.  Section 11364.5 of the Health and Safety Code is amended
to read:
   11364.5.  (a)  Except as authorized by law, no person shall
maintain or operate any place of business in which drug paraphernalia
is kept, displayed or offered in any manner, sold, furnished,
transferred or given away unless such drug paraphernalia is
completely and wholly kept, displayed or offered within a separate
room or enclosure to which persons under the age of 18 years not
accompanied by a parent or legal guardian are excluded. Each entrance
to such a room or enclosure shall be signposted in reasonably
visible and legible words to the effect that drug paraphernalia is
kept, displayed or offered in such room or enclosure and that minors,
unless accompanied by a parent or legal guardian, are excluded.
   (b)  Except as authorized by law, no owner, manager, proprietor or
other person in charge of any room or enclosure, within any place of
business, in which drug paraphernalia is kept, displayed or offered
in any manner, sold, furnished, transferred or given away shall
permit or allow any person under the age of 18 years to enter, be in,
remain in or visit such room or enclosure unless such minor person
is accompanied by one of his or her parents or by his or her legal
guardian.
   (c)  Unless authorized by law, no person under the age of 18 years
shall enter, be in, remain in or visit any room or enclosure in any
place of business in which drug paraphernalia is kept, displayed or
offered in any manner, sold, furnished, transferred or given away
unless accompanied by one of his or her parents or by his or her
legal guardian.
   (d)  As used in this section, "drug paraphernalia" means all
equipment, products, and materials of any kind which are intended for
use or designed for use, in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting, ingesting,
inhaling, or otherwise introducing into the human body a controlled
substance. "Drug paraphernalia" includes, but is not limited to, all
of the following:
   (1)  Kits intended for use or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled
substance can be derived.
   (2)  Kits intended for use or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing
controlled substances.
   (3)  Isomerization devices intended for use or designed for use in
increasing the potency of any species of plant which is a controlled
substance.
   (4)  Testing equipment intended for use or designed for use in
identifying, or in analyzing the strength, effectiveness or purity of
controlled substances.
   (5)  Scales and balances intended for use or designed for use in
weighing or measuring controlled substances.
   (6)  Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose, and lactose, intended for use or
designed for use in cutting controlled substances. 
   (7) Separation gins and sifters intended for use or designed for
use in removing twigs and seeds from, or in otherwise cleaning or
refining, marijuana.  
    (8) 
    (7)  Blenders, bowls, containers, spoons, and mixing
devices intended for use or designed for use in compounding
controlled substances. 
    (9) 
    (8)  Capsules, balloons, envelopes, and other containers
intended for use or designed for use in packaging small quantities
of controlled substances. 
    (10) 
    (9)  Containers and other objects intended for use or
designed for use in storing or concealing controlled substances.

    (11) 
    (10)  Hypodermic syringes, needles, and other objects
intended for use or designed for use in parenterally injecting
controlled substances into the human body. 
    (12) 
    (11)  Objects intended for use or designed for use in
ingesting, inhaling, or otherwise introducing  marijuana,
cocaine, hashish, or hashish oil   cocaine  into
the human body, such as the following:
   (A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes with or without screens, permanent screens, hashish heads, or
punctured metal bowls.
   (B) Water pipes.
   (C) Carburetion tubes and devices.
   (D) Smoking and carburetion masks.
   (E) Roach clips, meaning objects used to hold burning 
material, such as a marijuana cigarette   material 
that has become too small or too short to be held in the hand.
   (F) Miniature cocaine spoons, and cocaine vials.
   (G) Chamber pipes.
   (H) Carburetor pipes.
   (I) Electric pipes.
   (J) Air-driven pipes.
   (K) Chillums.
   (L) Bongs.
   (M) Ice pipes or chillers.
   (e) In determining whether an object is drug paraphernalia, a
court or other authority may consider, in addition to all other
logically relevant factors, the following:
   (1) Statements by an owner or by anyone in control of the object
concerning its use.
   (2) Prior convictions, if any, of an owner, or of anyone in
control of the object, under any state or federal law relating to any
controlled substance.
   (3) Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons whom
he or she knows, or should reasonably know, intend to use the object
to facilitate a violation of this section. The innocence of an owner,
or of anyone in control of the object, as to a direct violation of
this section shall not prevent a finding that the object is intended
for use, or designed for use, as drug paraphernalia.
   (4) Instructions, oral or written, provided with the object
concerning its use.
   (5) Descriptive materials, accompanying the object which explain
or depict its use.
   (6) National and local advertising concerning its use.
   (7) The manner in which the object is displayed for sale.
   (8) Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco  products
  or marijuana products  .
   (9) The existence and scope of legitimate uses for the object in
the community.
   (10) Expert testimony concerning its use.
   (f) This section shall not apply to any of the following:
   (1) Any pharmacist or other authorized person who sells or
furnishes drug paraphernalia described in paragraph (11) of
subdivision (d) upon the prescription of a physician, dentist,
podiatrist or veterinarian.
   (2) Any physician, dentist, podiatrist or veterinarian who
furnishes or prescribes drug paraphernalia described in paragraph
(11) of subdivision (d) to his or her patients.
   (3) Any manufacturer, wholesaler or retailer licensed by the
California State Board of Pharmacy to sell or transfer drug
paraphernalia described in paragraph (11) of subdivision (d).
   (g) Notwithstanding any other provision of law, including Section
11374, violation of this section shall not constitute a criminal
offense, but operation of a business in violation of the provisions
of this section shall be grounds for revocation or nonrenewal of any
license, permit, or other entitlement previously issued by a city,
county, or city and county for the privilege of engaging in such
business and shall be grounds for denial of any future license,
permit, or other entitlement authorizing the conduct of such business
or any other business, if the business includes the sale of drug
paraphernalia.
  SEC. 14.  Section 11370 of the Health and Safety Code is amended to
read:
   11370.  (a) Any person convicted of violating Section 11350,
11351, 11351.5, 11352, 11353, 11355,  11357, 11359, 11360,
 11361, 11363, 11366, or 11368, or of committing any offense
referred to in those sections, shall not, in any case, be granted
probation by the trial court or have the execution of the sentence
imposed upon him or her suspended by the court, if he or she has been
previously convicted of any offense described in subdivision (c).
   (b) Any person who was 18 years of age or over at the time of the
commission of the offense and is convicted for the first time of
selling, furnishing, administering, or giving a controlled substance
which is (1) specified in subdivision (b), (c), (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 (2) which is a narcotic
drug classified in Schedule III, IV, or V, to a minor or inducing a
minor to use such a controlled substance in violation of law shall
not, in any case, be granted probation by the trial court or have the
execution of the sentence imposed upon him or her suspended by the
court.
   (c) Any previous conviction of any of the following offenses, or
of an offense under the laws of another state or of the United States
which, if committed in this state, would have been punishable as
such an offense, shall render a person ineligible for probation or
suspension of sentence pursuant to subdivision (a) of this section:
   (1) Any felony offense described in this division involving a
controlled substance specified in subdivision (b), (c), (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.
   (2) Any felony offense described in this division involving a
narcotic drug classified in Schedule III, IV, or V.
   (d) The existence of any previous conviction or fact which would
make a person ineligible for suspension of sentence or probation
under this section shall be alleged in the information or indictment,
and either admitted by the defendant in open court, or found to be
true by the jury trying the issue of guilt or by the court where
guilt is established by a plea of guilty or nolo contendere or by
trial by the court sitting without a jury.
  SEC. 15.  Section 11470 of the Health and Safety Code is amended to
read:
   11470.  The following are subject to forfeiture:
   (a) All controlled substances which have been manufactured,
distributed, dispensed, or acquired in violation of this division.
   (b) All raw materials, products, and equipment of any kind which
are used, or intended for use, in manufacturing, compounding,
processing, delivering, importing, or exporting any controlled
substance in violation of this division.
   (c) All property except real property or a boat, airplane, or any
vehicle which is used, or intended for use, as a container for
property described in subdivision (a) or (b).
   (d) All books, records, and research products and materials,
including formulas, microfilm, tapes, and data which are used, or
intended for use, in violation of this division.
   (e) The interest of any registered owner of a boat, airplane, or
any vehicle other than an implement of husbandry, as defined in
Section 36000 of the Vehicle Code, which has been used as an
instrument to facilitate the manufacture of, or possession for sale
or sale of 14.25 grams or more of heroin or cocaine base as specified
in paragraph (1) of subdivision (f) of Section 11054, or a substance
containing 14.25 grams or more of heroin or cocaine base as
specified in paragraph (1) of subdivision (f) of Section 11054, or
14.25 grams or more of a substance containing heroin or cocaine base
as specified in paragraph (1) of subdivision (f) of Section 11054, or
28.5 grams or more of Schedule I controlled substances except
 marijuana, peyote,   peyote  or
psilocybin; 10 pounds dry weight or more of  marijuana,
peyote,   peyote  or psilocybin; or 28.5 grams or
more of cocaine, as specified in paragraph (6) of subdivision (b) of
Section 11055, or methamphetamine; or a substance containing 28.5
grams or more of cocaine, as specified in paragraph (6) of
subdivision (b) of Section 11055, or methamphetamine; or 57 grams or
more of a substance containing cocaine, as specified in paragraph (6)
of subdivision (b) of Section 11055, or methamphetamine; or 28.5
grams or more of Schedule II controlled substances. No interest in a
vehicle which may be lawfully driven on the highway with a class C,
class M1, or class M2 license, as prescribed in Section 12804 of the
Vehicle Code, may be forfeited under this subdivision if there is a
community property interest in the vehicle by a person other than the
defendant and the vehicle is the sole class C, class M1, or class M2
vehicle available to the defendant's immediate family.
                                                (f) All moneys,
negotiable instruments, securities, or other things of value
furnished or intended to be furnished by any person in exchange for a
controlled substance, all proceeds traceable to such an exchange,
and all moneys, negotiable instruments, or securities used or
intended to be used to facilitate any violation of Section 11351,
11351.5, 11352, 11355,  11359, 11360,  11378,
11378.5, 11379, 11379.5, 11379.6, 11380, 11382, or 11383 of this
code, or Section 182 of the Penal Code, or a felony violation of
Section 11366.8 of this code, insofar as the offense involves
manufacture, sale, possession for sale, offer for sale, or offer to
manufacture, or conspiracy to commit at least one of those offenses,
if the exchange, violation, or other conduct which is the basis for
the forfeiture occurred within five years of the seizure of the
property, or the filing of a petition under this chapter, or the
issuance of an order of forfeiture of the property, whichever comes
first.
   (g) The real property of any property owner who is convicted of
violating Section 11366, 11366.5, or 11366.6 with respect to that
property. However, property which is used as a family residence or
for other lawful purposes, or which is owned by two or more persons,
one of whom had no knowledge of its unlawful use, shall not be
subject to forfeiture.
   (h) Subject to the requirements of Section 11488.5 and except as
further limited by this subdivision to protect innocent parties who
claim a property interest acquired from a defendant, all right,
title, and interest in any personal property described in this
section shall vest in the state upon commission of the act giving
rise to forfeiture under this chapter, if the state or local
governmental entity proves a violation of Section 11351, 11351.5,
11352, 11355,  11359, 11360,  11378, 11378.5, 11379,
11379.5, 11379.6, 11380, 11382, or 11383 of this code, or Section
182 of the Penal Code, or a felony violation of Section 11366.8 of
this code, insofar as the offense involves the manufacture, sale,
possession for sale, offer for sale, offer to manufacture, or
conspiracy to commit at least one of those offenses, in accordance
with the burden of proof set forth in paragraph (1) of subdivision
(i) of Section 11488.4 or, in the case of cash or negotiable
instruments in excess of twenty-five thousand dollars ($25,000),
paragraph (4) of subdivision (i) of Section 11488.4.
   The operation of the special vesting rule established by this
subdivision shall be limited to circumstances where its application
will not defeat the claim of any person, including a bona fide
purchaser or encumbrancer who, pursuant to Section 11488.5, 11488.6,
or 11489, claims an interest in the property seized, notwithstanding
that the interest in the property being claimed was acquired from a
defendant whose property interest would otherwise have been subject
to divestment pursuant to this subdivision.
  SEC. 16.  Section 11485 of the Health and Safety Code is repealed.

   11485.  Any peace officer of this state who, incident to a search
under a search warrant issued for a violation of Section 11358 with
respect to which no prosecution of a defendant results, seizes
personal property suspected of being used in the planting,
cultivation, harvesting, drying, processing, or transporting of
marijuana, shall, if the seized personal property is not being held
for evidence or destroyed as contraband, and if the owner of the
property is unknown or has not claimed the property, provide notice
regarding the seizure and manner of reclamation of the property to
any owner or tenant of real property on which the property was
seized. In addition, this notice shall be posted at the location of
seizure and shall be published at least once in a newspaper of
general circulation in the county in which the property was seized.
If, after 90 days following the first publication of the notice, no
owner appears and proves his or her ownership, the seized personal
property shall be deemed to be abandoned and may be disposed of by
sale to the public at public auction as set forth in Article 1
(commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of
Division 3 of the Civil Code, or may be disposed of by transfer to a
government agency or community service organization. Any profit from
the sale or transfer of the property shall be expended for
investigative services with respect to crimes involving marijuana.

  SEC. 17.  Section 11488 of the Health and Safety Code is amended to
read:
   11488.  (a) Any peace officer of this state, subsequent to making
or attempting to make an arrest for a violation of Section 11351,
11351.5, 11352, 11355,  11359, 11360,  11378,
11378.5, 11379, 11379.5, 11379.6, or 11382 of this code, or Section
182 of the Penal Code insofar as the offense involves manufacture,
sale, purchase for the purpose of sale, possession for sale or offer
to manufacture or sell, or conspiracy to commit one of those
offenses, may seize any item subject to forfeiture under subdivisions
(a) to (f), inclusive, of Section 11470. The peace officer shall
also notify the Franchise Tax Board of a seizure where there is
reasonable cause to believe that the value of the seized property
exceeds five thousand dollars ($5,000).
   (b) Receipts for property seized pursuant to this section shall be
delivered to any person out of whose possession such property was
seized, in accordance with Section 1412 of the Penal Code. In the
event property seized was not seized out of anyone's possession,
receipt for the property shall be delivered to the individual in
possession of the premises at which the property was seized.
   (c) There shall be a presumption affecting the burden of proof
that the person to whom a receipt for property was issued is the
owner thereof. This presumption may, however, be rebutted at the
forfeiture hearing specified in Section 11488.5.
  SEC. 18.  Section 11532 of the Health and Safety Code is amended to
read:
   11532.  (a) It is unlawful for any person to loiter in any public
place in a manner and under circumstances manifesting the purpose and
with the intent to commit an offense specified in Chapter 6
(commencing with Section 11350) and Chapter 6.5 (commencing with
Section 11400).
   (b) Among circumstances that may be considered in determining
whether a person has the requisite intent to engage in drug-related
activity are that the person:
   (1) Acts as a "look-out."
   (2) Transfers small objects or packages for currency in a furtive
fashion.
   (3) Tries to conceal himself or herself or any object that
reasonably could be involved in an unlawful drug-related activity.
   (4) Uses signals or language indicative of summoning purchasers of
illegal drugs.
   (5) Repeatedly beckons to, stops, attempts to stop, or engages in
conversations with passersby, whether on foot or in a motor vehicle,
indicative of summoning purchasers of illegal drugs.
   (6) Repeatedly passes to or receives from passersby, whether on
foot or in a motor vehicle, money or small objects.
   (7) Is under the influence of a controlled substance or possesses
narcotic or drug paraphernalia. For the purposes of this paragraph,
"narcotic or drug paraphernalia" means any device, contrivance,
instrument, or apparatus designed or marketed for the use of smoking,
injecting, ingesting, or consuming  marijuana, hashish, PCP,
  PCP  or any controlled substance, including, but
not limited to, roach clips, cigarette papers, and rollers designed
or marketed for use in smoking a controlled substance.
   (8) Has been convicted in any court within this state, within five
years prior to the arrest under this chapter, of any violation
involving the use, possession, or sale of any of the substances
referred to in Chapter 6 (commencing with Section 11350) or Chapter
6.5 (commencing with Section 11400), or has been convicted of any
violation of those provisions or substantially similar laws of any
political subdivision of this state or of any other state.
   (9) Is currently subject to any order prohibiting his or her
presence in any high drug activity geographic area.
   (10) Has engaged, within six months prior to the date of arrest
under this section, in any behavior described in this subdivision,
with the exception of paragraph (8), or in any other behavior
indicative of illegal drug-related activity.
   (c) The list of circumstances set forth in subdivision (b) is not
exclusive. The circumstances set forth in subdivision (b) should be
considered particularly salient if they occur in an area that is
known for unlawful drug use and trafficking, or if they occur on or
in premises that have been reported to law enforcement as a place
suspected of unlawful drug activity. Any other relevant circumstances
may be considered in determining whether a person has the requisite
intent. Moreover, no one circumstance or combination of circumstances
is in itself determinative of intent. Intent must be determined
based on an evaluation of the particular circumstances of each case.
  SEC. 19.  Section 11703 of the Health and Safety Code is amended to
read:
   11703.  As used in this division:
   (a) "Marketing of illegal controlled substances" means the
possession for sale, sale, or distribution of a specified illegal
controlled substance, and shall include all aspects of making such a
controlled substance available, including, but not limited to, its
manufacture.
   (b) "Individual user of an illegal controlled substance" means the
individual whose use of a specified illegal controlled substance is
the basis of an action brought under this division.
   (c) "Level 1 offense" means the possession for sale of less than
four ounces or the sale or furnishing of less than one ounce of a
specified illegal controlled  substance, or the cultivation
of at least 25 plants but less than 50 plants, the furnishing of more
than 28.5 grams, or the possession for sale or sale of up to four
pounds, of marijuana   substance  .
   (d) "Level 2 offense" means the possession for sale of four ounces
or more but less than eight ounces of, or the sale or furnishing of
one ounce or more but less than two ounces of, a specified illegal
controlled  substance, or the cultivation of at least 50 but
less than 75 plants, the possession for sale of four pounds or more
but less than eight pounds, or the sale or furnishing of more than
one pound but less than five pounds, of marijuana  
substance  .
   (e) "Level 3 offense" means the possession for sale of eight
ounces or more but less than 16 ounces of, or the sale or furnishing
of two ounces or more but less than four ounces of, a specified
illegal controlled  substance, or the cultivation of at least
75 but less than 100 plants, the possession for sale of eight pounds
or more but less than 16 pounds, or the sale or furnishing of more
than five pounds but less than 10 pounds, of marijuana  
substance  .
   (f) "Level 4 offense" means the possession for sale of 16 ounces
or more of, or the sale or furnishing of four ounces or more of, a
specified illegal controlled  substance, or the cultivation
of 100 plants or more of, the possession for sale of 16 pounds of, or
the sale or furnishing of more than 10 pounds of, marijuana
  substance  .
   (g) "Participate in the marketing of illegal controlled substances"
means to transport, import into this state, sell, possess with
intent to sell, furnish, administer, or give away, or offer to
transport, import into this state, sell, furnish, administer, or give
away a specified illegal controlled substance. "Participate in the
marketing of illegal controlled substances" shall include the
manufacturing of an illegal controlled substance, but shall not
include the purchase or receipt of an illegal controlled substance
for personal use only.
   (h) "Person" means an individual, governmental entity,
corporation, firm, trust, partnership, or incorporated or
unincorporated association, existing under or authorized by the laws
of this state, another state, or a foreign country.
   (i) "Period of illegal use" means, in relation to the individual
user of an illegal controlled substance, the time of the individual's
first illegal use of an illegal controlled substance to the accrual
of the cause of action.
   (j) "Place of illegal activity" means, in relation to the
individual user of an illegal controlled substance, each county in
which the individual illegally possesses or uses an illegal
controlled substance during the period of the individual's use of an
illegal controlled substance.
   (k) "Place of participation" means, in relation to a defendant in
an action brought under this division, each county in which the
person participates in the marketing of illegal controlled substances
during the period of the person's participation in the marketing of
illegal controlled substances.
   (  l ) "Specified illegal controlled substance" means
cocaine, phencyclidine, heroin, or methamphetamine and any other
illegal controlled substance the manufacture, cultivation,
importation into this state, transportation, possession for sale,
sale, furnishing, administering, or giving away of which is a
violation of Section 11351, 11351.5, 11352,  11358, 11359,
11360,  11378.5, 11379.5, or 11383.
  SEC. 20.  Section 11705 of the Health and Safety Code is amended to
read:
   11705.  (a) Any one or more of the following persons may bring an
action for damages caused by an individual's use of an illegal
controlled substance:
   (1) A parent, legal guardian, child, spouse, or sibling of the
individual controlled substance user.
   (2) An individual who was exposed to an illegal controlled
substance in utero.
   (3) An employer of the individual user of an illegal controlled
substance.
   (4) A medical facility, insurer, employer, or other
nongovernmental entity that funds a drug treatment program or
employee assistance program for the individual user of an illegal
controlled substance or that otherwise expended money on behalf of
the individual user of an illegal controlled substance. No public
agency other than a public agency medical facility shall have a cause
of action under this division.
   (5) A person injured as a result of the willful, reckless, or
negligent actions of an individual user of an illegal controlled
substance.
   (b) A person entitled to bring an action under this section may
seek damages from one or more of the following:
   (1) A person who sold, administered, or furnished an illegal
controlled substance to the individual user of the illegal controlled
substance.
   (2) A person who knowingly participated in the marketing of
illegal controlled substances, if all of the following apply:
   (A) The place of illegal activity by the individual user of an
illegal controlled substance is within the city, city and county, or
unincorporated area of the county in which the defendant's place of
participation is situated.
   (B) The defendant's participation in the marketing of illegal
controlled substances was connected with the same type of specified
illegal controlled substance used by the individual user of an
illegal controlled substance, and the defendant has been convicted of
an offense for that type of specified illegal controlled substance.
   (C) The defendant participated in the marketing of illegal
controlled substances at any time during the period the individual
user of an illegal controlled substance illegally used the controlled
substance.
   (D) The underlying offense for the conviction of the specified
illegal controlled substance occurred in the same county as the
individual user's place of use.
   (c) As used in subdivision (b),  knowingly  
"knowingly  participated in the marketing of illegal controlled
substances" means a conviction for transporting, importing into this
state, selling, possessing with intent to sell, furnishing,
administering, or giving away, or offering to transport, import into
this state, sell, furnish, administer, or give away a specified
illegal controlled substance  or a quantity of marijuana
 specified in subdivision  (e), (f), (g), 
 (c), (d), (e),  or  (h)   (f)  of
Section 11703, which are separate in time.
   (d)  A person entitled to bring an action under this section may
recover all of the following damages:
   (1)  Economic damages, including, but not limited to, the cost of
treatment and rehabilitation, medical expenses, loss of economic or
educational potential, loss of productivity, absenteeism, support
expenses, accidents or injury, and any other pecuniary loss
proximately caused by the use of an illegal controlled substance.
   (2)  Noneconomic damages, including, but not limited to, physical
and emotional pain, suffering, physical impairment, emotional
distress, medical anguish, disfigurement, loss of enjoyment, loss of
companionship, services and consortium, and other nonpecuniary losses
proximately caused by an individual's use of an illegal controlled
substance.
   (3)  Exemplary damages.
   (4)  Reasonable attorney fees.
   (5)  Costs of suit, including, but not limited to, reasonable
expenses for expert testimony.
  SEC. 21.  Division 10.3 (commencing with Section 11720) is added to
the Health and Safety Code, to read:

      DIVISION 10.3.  MARIJUANA


   11720.  For purposes of this division, "marijuana" means all parts
of the plant Cannabis sativa L., whether growing or not; the seeds
thereof; the resin extracted from any part of the plant; concentrated
cannabis; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin. It does not
include the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of
the mature stalks (except the resin extracted therefrom), fiber, oil,
or cake, or the sterilized seed of the plant that is incapable of
germination. For purposes of this division, "marijuana" does not
include "medical marijuana" that is regulated under Article 2.5
(commencing with Section 11362.7) of Chapter 6 of Division 10.
   11721.  It is lawful and not a violation of California law for a
person 21 years of age or older to possess or transport marijuana.
   11722.  (a) It is lawful and not a violation of California law to
sell marijuana to a person 21 years of age or older as provided in
Chapter 19 (commencing with Section 26000) of Division 9 of the
Business and Professions Code. Any sale of marijuana by a person not
licensed as provided therein after the date determined by Section
25406 of the Business and Professions Code is a violation of this
division.
   (b) Until the date specified by subdivision (a), it is lawful and
not a violation of California law to sell marijuana to a person 21
years of age or older.
   11723.  (a) It is lawful and not a violation of California law for
a person 21 years of age or older to smoke or ingest marijuana in
one's home, or in any private residence, or upon the grounds of that
home or residence not visible from any public place or neighboring
property, with the consent of a resident 21 years of age or older.
   (b) It is an infraction to smoke marijuana in a public place.
   11724.  (a) It is lawful and not a violation of California law,
except as provided in subdivision (f) of Section 647 of the Penal
Code, or in Section 11729, for a person 21 years of age or older to
be under the influence of marijuana.
   11725.  It is unlawful for a person not licensed pursuant to
Chapter 19 (commencing with Section 26000) of Division 9 of the
Business and Professions Code to cultivate marijuana, except in
compliance with the following requirements:
   (a) Marijuana may be cultivated only by persons 21 years of age or
older.
   (b) Marijuana may be cultivated only in a location in the home or
yard in which the marijuana is not visible from any public place. For
purposes of this paragraph, "public place" does not include air
space, or any place from which a viewer would violate the cultivator'
s legitimate expectation of privacy.
   (c) Each person 21 years of age or older may have in cultivation
no more than six mature plants at any given time.
   (d) A licensed nursery may cultivate seedlings for sale to persons
21 years of age or older, but shall destroy any seedling if it has
not been purchased by a consumer before it reaches maturity.
   (e) Aside from the sale of seedlings by a licensed nursery,
marijuana cultivated pursuant to this section may not be sold.
   11726.  (a) Unlawful cultivation of marijuana is an infraction,
punishable by a fine of up to one hundred dollars ($100).
   (b) Providing or selling marijuana to, or purchasing or
cultivating marijuana for a person under 21 years of age is an
infraction, punishable by a fine of up to one hundred dollars ($100).
However, this division is not intended to preclude prosecution under
Section 272 of the Penal Code, or any similar provision, where
appropriate.
   (c) Selling, providing, or transporting marijuana, or possessing
marijuana with the intent to sell, provide, or transport that
marijuana, into a state in which the receiving, purchasing, or
possessing marijuana would violate that state's laws is a felony.
   (d) Possession or use of marijuana by a person under 21 years of
age is an infraction, punishable by a fine of up to one hundred
dollars ($100).
   (e) Any other violation of this division is an infraction,
punishable by a fine of up to one hundred dollars ($100).
   11727.  Notwithstanding any other law, it is lawful and not a
violation of California law to possess, transport, or sell the mature
stalks of the plant Cannabis sativa L., fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of
the mature stalks (except the resin extracted therefrom, which is
regulated as marijuana), fiber, oil, or cake, or the sterilized seed
of the plant that is incapable of germination.
   11728.  State or local funds may not be expended on, and state or
local law enforcement or other personnel may not assist in, the
enforcement of any federal or other laws that are inconsistent with
this division, or provide for greater sanctions for conduct
prohibited by this division.
   11729.  This division may not be construed to affect or limit any
criminal statute that forbids impairment while engaging in dangerous
activities like driving, or that penalizes bringing marijuana to a
school enrolling pupils in kindergarten or any of grades 1 to 12,
inclusive.
   11730.  This division may not be construed to affect the rights of
employers concerning employees who use marijuana.
  SEC. 22.  Section 118880 of the Health and Safety Code is amended
to read:
   118880.  The Legislature finds and declares that tobacco  and
marijuana  smoke  is a hazard   are hazards
 to the health of the general public.
  SEC. 23.  Section 118885 of the Health and Safety Code is amended
to read:
   118885.  Within indoor rooms, indoor chambers, or indoor places of
public assembly in publicly owned buildings in which public business
is conducted requiring or providing direct participation or
observation by the general public there shall be a contiguous area of
not less than 50 percent of the total area of the room, chamber, or
place designated and posted by signs of sufficient number and posted
in locations as to be readily seen by persons within the area, where
the smoking of tobacco  is   or marijuana
products are  prohibited while a public meeting is in progress.
A public body, commission, agency, or other entity conducting a
public meeting may waive the requirements of this section with
respect to its own  members,   members who smoke
tobacco products,  provided that the rights of nonsmoking
members are not adversely affected.
  SEC. 24.  Section 118890 of the Health and Safety Code is amended
to read:
   118890.  Every health facility, as defined in Section 1250, and
clinic, as defined in Section 1200, shall comply with the following:
   (a)  Shall make every reasonable effort to assign patients to
rooms according to the patient's individual  preference for the
smoking or  nonsmoking  of tobacco  or  smoking
preference   marijuana products  .
   (b)  Shall designate and post by signs of sufficient number and
posted in locations as to be readily seen by persons within the area,
a contiguous area of not less than 20 percent of every cafeteria or
other dining area whose occupied capacity is 50 or more persons as a
 nonsmoking section   section that prohibits the
smoking of tobacco or marijuana products  .
   (c)  This section shall not prevent any health facility or clinic
from banning  the  smoking  of tobacco or marijuana
products  in any area that it may designate and post by sign or
in all areas of the facility or clinic.
  SEC. 25.  Section 118895 of the Health and Safety Code is amended
to read:
   118895.  Within every publicly owned building open to the general
public for the primary purpose of exhibiting any motion picture,
stage drama, music recital, or any other performance, with the
exception of any indoor sporting event, signs shall be posted in
sufficient number and in locations as to be readily seen by persons
within the area, that shall designate that the smoking of tobacco
 and marijuana  is prohibited in any area other than that
commonly known as the lobby. This prohibition shall not apply except
during those times when the building is actually open to the public.
  SEC. 26.  Section 118900 of the Health and Safety Code is amended
to read:
   118900.  Within every restaurant in a publicly owned building
serving food or alcoholic beverages in rooms whose occupied capacity
is 50 or more persons there shall be designated and posted by signs
of sufficient number and posted in locations as to be readily seen by
persons within the area, a contiguous area of not less than 20
percent of the serving area where the smoking of tobacco  or
marijuana products  is prohibited.
   (a)  This section shall not apply to banquet rooms in use for
private functions.
   (b)  This section shall not apply to premises under lease as a
restaurant for the time as the lessee of record on January 1, 1977,
has a lease as the operator of the restaurant.
                                                                (c)
As used in this section, "restaurant" means any place designated as a
restaurant by Section 28522.
  SEC. 27.  Section 118905 of the Health and Safety Code is amended
to read:
   118905.  Any person may apply for a writ of mandate to compel
compliance by any public entity that has not complied with the
requirements of this article and Article 3 (commencing with Section
118920) for the designating or posting of nonsmoking areas or areas
where the smoking of tobacco  or marijuana products  is
prohibited. If judgment is given for the applicant, he or she may
recover all reasonable costs of the suit, including reasonable
attorney fees, reasonableness to be determined by the court.
  SEC. 28.  Section 118915 of the Health and Safety Code is amended
to read:
   118915.  (a)  Except as provided in subdivision (b), no person
shall smoke any tobacco  or marijuana  product in any retail
food production and marketing establishment, as defined in Section
28802, during the hours the establishment is open to the public.
   (b)  The provisions of subdivision (a) shall not apply to that
portion of an establishment subject to Section 118900 nor to an area
of an establishment set aside for employee smoking  of tobacco
products  and not open to the public.
  SEC. 29.  Section 118925 of the Health and Safety Code is amended
to read:
   118925.  It is unlawful for any person to smoke  tobacco
  tobacco, marijuana,  or any other plant product
in any vehicle of a passenger stage corporation, the National
Railroad Passenger Corporation (Amtrak) except to the extent
permitted by federal law, in any aircraft except to the extent
permitted by federal law, on a public transportation system, as
defined by Section 99211 of the Public Utilities Code, or in any
vehicle of an entity receiving any transit assistance from the state.

  SEC. 30.  Section 118935 of the Health and Safety Code is amended
to read:
   118935.  (a)  Every person and public agency providing
transportation services for compensation, including, but not limited
to, the National Railroad Passenger Corporation (Amtrak) to the
extent permitted by federal law, passenger stage corporations, and
local agencies that own or operate airports, shall designate and
post, by signs of sufficient number and posted in locations that may
be readily seen by persons within the area, a contiguous area of not
less than 75 percent of any area made available by the person or
public agency as a waiting room for these passengers where the
smoking of tobacco  or marijuana  is prohibited. Not more
than 25 percent of any given area may be set aside for 
smokers   smokers of tobacco products  .
   (b)  Every person or public agency subject to subdivision (a)
shall also post, by sign of sufficient number and posted in locations
as to be readily seen by persons within the area of any building
where tickets, tokens, or other evidences that a fare has been paid
for transportation services that are provided by the person or public
agency, a notice that the smoking of tobacco  or marijuana
products  by persons waiting in line to purchase the tickets,
tokens, or other evidences that a fare has been paid is prohibited.
   (c)  It is unlawful for any person to smoke  tobacco or
marijuana products  in an area posted pursuant to this section.
  SEC. 31.  Section 6404.5 of the Labor Code is amended to read:
   6404.5.  (a) The Legislature finds and declares that regulation of
smoking  of tobacco and marijuana products  in the
workplace is a matter of statewide interest and concern. It is the
intent of the Legislature in enacting this section to prohibit the
smoking of tobacco  and marijuana  products in all (100
percent of) enclosed places of employment in this state, as covered
by this section, thereby eliminating the need of local governments to
enact workplace smoking restrictions within their respective
jurisdictions. It is further the intent of the Legislature to create
a uniform statewide standard to restrict and prohibit the smoking of
tobacco  and marijuana  products in enclosed places of
employment, as specified in this section, in order to reduce employee
exposure to environmental tobacco  or marijuana  smoke to a
level that will prevent anything other than insignificantly harmful
effects to exposed employees, and also to eliminate the confusion and
hardship that can result from enactment or enforcement of disparate
local workplace smoking restrictions. Notwithstanding any other
provision of this section, it is the intent of the Legislature that
any area not defined as a "place of employment" pursuant to
subdivision (d) or in which the smoking of tobacco products is not
regulated pursuant to subdivision (e) shall be subject to local
regulation of smoking of tobacco products.
   (b) No employer shall knowingly or intentionally permit, and no
person shall engage in, the smoking of tobacco  or marijuana
 products in an enclosed space at a place of employment.
"Enclosed space" includes lobbies, lounges, waiting areas, elevators,
stairwells, and restrooms that are a structural part of the building
and not specifically defined in subdivision (d).
   (c) For purposes of this section, an employer who permits any
nonemployee access to his or her place of employment on a regular
basis has not acted knowingly or intentionally in violation of this
section if he or she has taken the following reasonable steps to
prevent smoking  of t   obacco or marijuana products
 by a nonemployee:
   (1) Posted clear and prominent signs, as follows:
   (A) Where smoking is prohibited throughout the building or
structure, a sign stating "No  smoking"  
smoking of tobacco or marijuana products"  shall be posted at
each entrance to the building or structure.
   (B) Where smoking  of tobacco products  is permitted in
designated areas of the building or structure, a sign stating
"Smoking  of tobacco products  is prohibited except in
designated areas" shall be posted at each entrance to the building or
structure.
   (2) Has requested, when appropriate, that a nonemployee who is
smoking  tobacco or marijuana products  refrain from smoking
in the enclosed workplace.
   For purposes of this subdivision, "reasonable steps" does not
include (A) the physical ejection of a nonemployee from the place of
employment or (B) any requirement for making a request to a
nonemployee to refrain from smoking, under circumstances involving a
risk of physical harm to the employer or any employee.
   (d) For purposes of this section, "place of employment" does not
include any of the following:
   (1) Sixty-five percent of the guestroom accommodations in a hotel,
motel, or similar transient lodging establishment.
   (2) Areas of the lobby in a hotel, motel, or other similar
transient lodging establishment designated for smoking  of
tobacco products  by the establishment. An establishment may
permit smoking  of tobacco products  in a designated lobby
area that does not exceed 25 percent of the total floor area of the
lobby or, if the total area of the lobby is 2,000 square feet or
less, that does not exceed 50 percent of the total floor area of the
lobby. For purposes of this paragraph, "lobby" means the common
public area of an establishment in which registration and other
similar or related transactions, or both, are conducted and in which
the establishment's guests and members of the public typically
congregate.
   (3) Meeting and banquet rooms in a hotel, motel, other transient
lodging establishment similar to a hotel or motel, restaurant, or
public convention center, except while food or beverage functions are
taking place, including setup, service, and cleanup activities, or
when the room is being used for exhibit purposes. At times when
smoking  of tobacco products  is not permitted in a meeting
or banquet room pursuant to this paragraph, the establishment may
permit smoking  of tobacco products  in corridors and
prefunction areas adjacent to and serving the meeting or banquet room
if no employee is stationed in that corridor or area on other than a
passing basis.
   (4) Retail or wholesale tobacco shops and private smokers'
lounges. For purposes of this paragraph:
   (A) "Private smokers' lounge" means any enclosed area in or
attached to a retail or wholesale tobacco shop that is dedicated to
the use of tobacco products, including, but not limited to, cigars
and pipes.
   (B) "Retail or wholesale tobacco shop" means any business
establishment the main purpose of which is the sale of tobacco
products, including, but not limited to, cigars, pipe tobacco, and
smoking accessories.
   (5) Cabs of motortrucks, as defined in Section 410 of the Vehicle
Code, or truck tractors, as defined in Section 655 of the Vehicle
Code, if  no nonsmoking employees   employees
smoking tobacco products  are present.
   (6) Warehouse facilities. For purposes of this paragraph,
"warehouse facility" means a warehouse facility with more than
100,000 square feet of total floorspace, and 20 or fewer full-time
employees working at the facility, but does not include any area
within a facility that is utilized as office space.
   (7) Gaming clubs, in which smoking  of tobacco products 
is permitted by subdivision (f). For purposes of this paragraph,
"gaming club" means any gaming club, as defined in Section 19802 of
the Business and Professions Code, or bingo facility, as defined in
Section 326.5 of the Penal Code, that restricts access to minors
under 18 years of age.
   (8) Bars and taverns, in which smoking  of tobacco products
 is permitted by subdivision (f). For purposes of this
paragraph, "bar" or "tavern" means a facility primarily devoted to
the serving of alcoholic beverages for consumption by guests on the
premises, in which the serving of food is incidental. "Bar or tavern"
includes those facilities located within a hotel, motel, or other
similar transient occupancy establishment. However, when located
within a building in conjunction with another use, including a
restaurant, "bar" or "tavern" includes only those areas used
primarily for the sale and service of alcoholic beverages. "Bar" or
"tavern" does not include the dining areas of a restaurant,
regardless of whether alcoholic beverages are served therein.
   (9) Theatrical production sites, if smoking  of tobacco or
marijuana products  is an integral part of the story in the
theatrical production.
   (10) Medical research or treatment sites, if smoking  of
tobacco or marijuana products  is integral to the research and
treatment being conducted.
   (11) Private residences, except for private residences licensed as
family day care homes, during the hours of operation as family day
care homes and in those areas where children are present.
   (12) Patient smoking areas in long-term health care facilities, as
defined in Section 1418 of the Health and Safety Code.
   (13) Breakrooms designated by employers for  smoking,
  smoking of tobacco products,  provided that all
of the following conditions are met:
   (A) Air from the smoking room shall be exhausted directly to the
outside by an exhaust fan. Air from the smoking room shall not be
recirculated to other parts of the building.
   (B) The employer shall comply with any ventilation standard or
other standard utilizing appropriate technology, including, but not
limited to, mechanical, electronic, and biotechnical systems, adopted
by the Occupational Safety and Health Standards Board or the federal
Environmental Protection Agency. If both adopt inconsistent
standards, the ventilation standards of the Occupational Safety and
Health Standards Board shall be no less stringent than the standards
adopted by the federal Environmental Protection Agency.
   (C) The smoking room shall be located in a nonwork area where no
one, as part of his or her work responsibilities, is required to
enter. For purposes of this subparagraph, "work responsibilities"
does not include any custodial or maintenance work carried out in the
breakroom when it is unoccupied.
   (D) There are sufficient nonsmoking breakrooms to accommodate
nonsmokers.
   (14) Employers with a total of five or fewer employees, either
full time or part time, may permit smoking  of tobacco products
 where all of the following conditions are met:
   (A) The smoking area is not accessible to minors.
   (B) All employees who enter the smoking area consent to permit
smoking. No one, as part of his or her work responsibilities, shall
be required to work in an area where smoking is permitted. An
employer who is determined by the division to have used coercion to
obtain consent or who has required an employee to work in the smoking
area shall be subject to the penalty provisions of Section 6427.
   (C) Air from the smoking area shall be exhausted directly to the
outside by an exhaust fan. Air from the smoking area shall not be
recirculated to other parts of the building.
   (D) The employer shall comply with any ventilation standard or
other standard utilizing appropriate technology, including, but not
limited to, mechanical, electronic, and biotechnical systems, adopted
by the Occupational Safety and Health Standards Board or the federal
Environmental Protection Agency. If both adopt inconsistent
standards, the ventilation standards of the Occupational Safety and
Health Standards Board shall be no less stringent than the standards
adopted by the federal Environmental Protection Agency.
   This paragraph shall not be construed to (i) supersede or render
inapplicable any condition or limitation on smoking areas made
applicable to specific types of business establishments by any other
paragraph of this subdivision or (ii) apply in lieu of any otherwise
applicable paragraph of this subdivision that has become inoperative.

   (e) Paragraphs (13) and (14) of subdivision (d) shall not be
construed to require employers to provide reasonable accommodation to
 smokers,   smokers of tobacco products, 
or to provide breakrooms for smokers or  nonsmokers 
 nonsmokers of tobacco products  .
   (f) (1) Except as otherwise provided in this subdivision, smoking
 of tobacco products  may be permitted in gaming clubs, as
defined in paragraph (7) of subdivision (d), and in bars and taverns,
as defined in paragraph (8) of subdivision (d), until the earlier of
the following:
   (A) January 1, 1998.
   (B) The date of adoption of a regulation (i) by the Occupational
Safety and Health Standards Board reducing the permissible employee
exposure level to environmental tobacco smoke to a level that will
prevent anything other than insignificantly harmful effects to
exposed employees or (ii) by the federal Environmental Protection
Agency establishing a standard for reduction of permissible exposure
to environmental tobacco smoke to an exposure level that will prevent
anything other than insignificantly harmful effects to exposed
persons.
   (2) If a regulation specified in subparagraph (B) of paragraph (1)
is adopted on or before January 1, 1998, smoking  of tobacco
products  may thereafter be permitted in gaming clubs and in
bars and taverns, subject to full compliance with, or conformity to,
the standard in the regulation within two years following the date of
adoption of the regulation. An employer failing to achieve
compliance with, or conformity to, the regulation within this
two-year period shall prohibit smoking  of tobacco products 
in the gaming club, bar, or tavern until compliance or conformity is
achieved. If the Occupational Safety and Health Standards Board and
the federal Environmental Protection Agency both adopt regulations
specified in subparagraph (B) of paragraph (1) that are inconsistent,
the regulations of the Occupational Safety and Health Standards
Board shall be no less stringent than the regulations of the federal
Environmental Protection Agency.
   (3) If a regulation specified in subparagraph (B) of paragraph (1)
is not adopted on or before January 1, 1998, the exemptions
specified in paragraphs (7) and (8) of subdivision (d) shall become
inoperative on and after January 1, 1998, until a regulation is
adopted. Upon adoption of such a regulation on or after January 1,
1998, smoking  of tobacco products  may thereafter be
permitted in gaming clubs and in bars and taverns, subject to full
compliance with, or conformity to, the standard in the regulation
within two years following the date of adoption of the regulation. An
employer failing to achieve compliance with, or conformity to, the
regulation within this two-year period shall prohibit smoking  of
tobacco products  in the gaming club, bar, or tavern until
compliance or conformity is achieved. If the Occupational Safety and
Health Standards Board and the federal Environmental Protection
Agency both adopt regulations specified in subparagraph (B) of
paragraph (1) that are inconsistent, the regulations of the
Occupational Safety and Health Standards Board shall be no less
stringent than the regulations of the federal Environmental
Protection Agency.
   (4) From January 1, 1997, to December 31, 1997, inclusive, smoking
 of tobacco products  may be permitted in gaming clubs, as
defined in paragraph (7) of subdivision (d), and in bars and taverns,
as defined in paragraph (8) of subdivision (d), subject to both of
the following conditions:
   (A) If practicable, the gaming club or bar or tavern shall
establish a designated nonsmoking area.
   (B) If feasible, no employee shall be required, in the performance
of ordinary work responsibilities, to enter any area in which
smoking  of tobacco products  is permitted.
   (g) The smoking prohibition  of tobacco or marijuana products
 set forth in this section shall constitute a uniform statewide
standard for regulating the smoking of tobacco  or marijuana
 products in enclosed places of employment and shall supersede
and render unnecessary the local enactment or enforcement of local
ordinances regulating the smoking of tobacco  or marijuana 
products in enclosed places of employment. Insofar as the smoking
prohibition set forth in this section is applicable to all
(100-percent) places of employment within this state and, therefore,
provides the maximum degree of coverage, the practical effect of this
section is to eliminate the need of local governments to enact
enclosed workplace smoking restrictions within their respective
jurisdictions.
   (h) Nothing in this section shall prohibit an employer from
prohibiting smoking in an enclosed place of employment for any
reason.
   (i) The enactment of local regulation of smoking of tobacco
products in enclosed places of employment by local governments shall
be suspended only for as long as, and to the extent that, the
(100-percent) smoking prohibition provided for in this section
remains in effect. In the event this section is repealed or modified
by subsequent legislative or judicial action so that the
(100-percent) smoking prohibition is no longer applicable to all
enclosed places of employment in California, local governments shall
have the full right and authority to enforce previously enacted, and
to enact and enforce new, restrictions on the smoking of tobacco
products in enclosed places of employment within their jurisdictions,
including a complete prohibition of smoking. Notwithstanding any
other provision of this section, any area not defined as a "place of
employment" or in which smoking is not regulated pursuant to
subdivision (d) or (e), shall be subject to local regulation of
smoking of tobacco products.
   (j) Any violation of the prohibition set forth in subdivision (b)
is an infraction, punishable by a fine not to exceed one hundred
dollars ($100) for a first violation, two hundred dollars ($200) for
a second violation within one year, and five hundred dollars ($500)
for a third and for each subsequent violation within one year. This
subdivision shall be enforced by local law enforcement agencies,
including, but not limited to, local health departments, as
determined by the local governing body.
   (k) Notwithstanding Section 6309, the division shall not be
required to respond to any complaint regarding the smoking of tobacco
 or marijuana  products in an enclosed space at a place of
employment, unless the employer has been found guilty pursuant to
subdivision (j) of a third violation of subdivision (b) within the
previous year.
   (  l  ) If any provision of this act or the application
thereof to any person or circumstances is held invalid, that
invalidity shall not affect other provisions or applications of the
act that can be given effect without the invalid provision or
application, and to this end the provisions of this act are
severable.
  SEC. 32.  Section 561 of the Public Utilities Code is amended to
read:
   561.  (a) Every railroad corporation, passenger stage corporation,
passenger air carrier, and street railroad corporation providing
departures originating in this state shall prohibit the smoking of
any tobacco  or marijuana  product in the passenger seating
area of every passenger car, passenger stage, aircraft, or other
vehicle.
   (b) Every such corporation and carrier shall display in the
passenger seating area of every passenger car, passenger stage,
aircraft, or other vehicle, notices sufficient in number, posted in
such locations as to be readily seen by boarding passengers, advising
passengers of the no smoking requirements pursuant to subdivision
(a). Words on such notices which state "No Smoking" or an equivalent
phrase shall be at least three-quarters of one inch high, and any
other explanatory words on the notices shall be at least one-quarter
of an inch high.
   (c) No person shall smoke any tobacco  or marijuana 
product in a space known by him or her to be designated for
nonsmoking passengers. A violation of this subdivision is not a
crime.
   (d) As used in this section, "passenger air carrier" shall have
the same meaning as provided in Sections 2741 and 2743.
  SEC. 33.  Part 14.6 (commencing with Section 34001) is added to
Division 2 of the Revenue and Taxation Code, to read:

      PART 14.6.  MARIJUANA FEES


      CHAPTER 1.  GENERAL PROVISIONS AND DEFINITIONS


   34001.  It is the intent of the people in enacting this part to
discourage drug use and to raise revenue for drug education and drug
awareness programs by enacting a supplemental fee on marijuana.
   34002.  This part shall be known and may be cited as the
"Marijuana Supplemental Fee Law."
   34003.  Except where the context otherwise requires, the
definitions set forth in Part 1 (commencing with Section 6001) govern
the construction of this part.
   34004.  For purposes of this part:
   (a) "Marijuana" includes all marijuana, concentrated cannabis, and
their derivatives, except that marijuana containing less than
one-half of 1 percent tetrahydrocannabinol by weight is not subject
to this supplemental fee. However, no fee shall be imposed under this
part on marijuana used medicinally with a doctor's recommendation as
specified in Section 11362.5 of the Health and Safety Code.
   (b) "Retailer" means any retailer licensed pursuant to Section
23394.1 of the Business and Professions Code who sells marijuana at
retail.
      CHAPTER 2.  IMPOSITION OF FEE


   34011.  Until a different fee is determined pursuant to Section
34032 there is hereby imposed a fee of fifty dollars ($50) per ounce
(avoirdupois) for the sale of marijuana sold at retail in this state
on or after the date determined by Section 25406 of the Business and
Professions Code.
      CHAPTER 3.  COLLECTION AND ADMINISTRATION


   34021.  To the extent feasible or practicable, the provisions of
Chapter 5 (commencing with Section 6451), Chapter 6 (commencing with
Section 6701), Chapter 7 (commencing with Section 6901), and Chapter
8 (commencing with Section 7051) of Part 1 shall govern returns and
payments, determinations, collections of fees, overpayments and
refunds, and administration under this part.
   34022.  The board shall enforce this part and may prescribe,
adopt, and enforce rules and regulations relating to the
administration and enforcement of this part. The board may prescribe
the extent to which any ruling and regulation shall be applied
without retroactive effect.
      CHAPTER 4.  DISPOSITION OF PROCEEDS AND ADJUSTMENT OF THE FEE


   34031.  Any amount required to be paid to the state under this
part shall be paid to the board in the form of a remittance payable
to the State Board of Equalization. The board shall transmit the
payments to the Treasurer to be deposited in the Drug Abuse
Prevention Supplemental Funding Account, which is hereby created in
the General Fund. Upon appropriation by the Legislature, the moneys
in the fund shall be expended exclusively for drug education,
awareness, and rehabilitation programs under the jurisdiction of the
State Department of Alcohol and Drug Programs, or any successor to
that agency.
   34032.  The fee imposed pursuant to Chapter 2 shall be annually
reviewed by the State Department of Alcohol and Drug Programs, or any
successor to that agency, to determine whether a fee less than that
specified in Chapter 2 will provide sufficient resources to support
its drug education, awareness, and rehabilitation programs. Based on
this annual review, the State Department of Alcohol and Drug Programs
shall adjust that fee to an amount not to exceed fifty dollars ($50)
per ounce (avoirdupois) of marijuana that is necessary to fund its
drug education, awareness, and rehabilitation programs, and that
amount shall be collected in place of the fee specified in Chapter 2.

  SEC. 34.  Section 23222 of the Vehicle Code is amended to read:
   23222.   (a)    No person shall
have in his or her possession on his or her person, while driving a
motor vehicle upon a highway or on lands, as described in subdivision
(b) of Section 23220, any  bottle, can, or other receptacle,
  receptacle containing any alcoholic 
beverage   or marijuana product  which has been
opened, or a seal broken, or the contents of which have been
partially removed. 
   (b) Except as authorized by law, every person who possesses, while
driving a motor vehicle upon a highway or on lands, as described in
subdivision (b) of Section 23220, not more than one avoirdupois ounce
of marijuana, other than concentrated cannabis as defined by Section
11006.5 of the Health and Safety Code, is guilty of a misdemeanor
and shall be punished by a fine of not more than one hundred dollars
($100). Notwithstanding any other provision of law, if the person has
been previously convicted three or more times of an offense
described in this subdivision during
           the two-year period immediately preceding the date of
commission of the violation to be charged, the previous convictions
shall also be charged in the accusatory pleading and, if found to be
true by the jury upon a jury trial or by the court upon a court trial
or if admitted by the person, Sections 1000.1 and 1000.2 of the
Penal Code are applicable to the person, and the court shall divert
and refer the person for education, treatment, or rehabilitation,
without a court hearing or determination or the concurrence of the
district attorney, to an appropriate community program which will
accept the person. If the person is so diverted and referred, the
person is not subject to the fine specified in this subdivision. In
any case in which a person is arrested for a violation of this
subdivision and does not demand to be taken before a magistrate, the
person shall be released by the arresting officer upon presentation
of satisfactory evidence of identity and giving his or her written
promise to appear in court, as provided in Section 40500, and shall
not be subjected to booking. 
  SEC. 35.  Section 40000.15 of the Vehicle Code is amended to read:
   40000.15.  A violation of any of the following provisions shall
constitute a misdemeanor, and not an infraction:
   Subdivision (g), (j), (k), (l), or (m) of Section 22658, relating
to unlawfully towed or stored vehicles.
   Sections 23103 and 23104, relating to reckless driving.
   Section 23109, relating to speed contests or exhibitions.
   Subdivision (a) of Section 23110, relating to throwing at
vehicles.
   Section 23152, relating to driving under the influence. 
   Subdivision (b) of Section 23222, relating to possession of
marijuana. 
   Subdivision (a) or (b) of Section 23224, relating to persons under
21 years of age knowingly driving, or being a passenger in, a motor
vehicle carrying any alcoholic beverage.
   Section 23253, relating to directions on toll highways or
vehicular crossings.
   Section 23332, relating to trespassing.
   Section 24002.5, relating to unlawful operation of a farm vehicle.

   Section 24011.3, relating to vehicle bumper strength notices.
   Section 27150.1, relating to sale of exhaust systems.
   Section 27362, relating to child passenger seat restraints.
   Section 28050, relating to true mileage driven.
   Section 28050.5, relating to nonfunctional odometers.
   Section 28051, relating to resetting odometers.
   Section 28051.5, relating to devices to reset odometers.
   Subdivision (d) of Section 28150, relating to possessing four or
more jamming devices.
  SEC. 36.  Section 4138 of the Welfare and Institutions Code is
amended to read:
   4138.  (a) Upon receiving a request from the director of a state
hospital listed in Section 4100, the Director of Mental Health may
prohibit the possession or use of tobacco  or marijuana 
products on the grounds of the requesting facility. The Director of
Mental Health shall provide an implementation plan that shall include
a phase-in period for any of the state hospitals listed in Section
4100 that prohibits the possession or use of tobacco  or
marijuana  products by patients or any other persons on hospital
grounds, except on the premises of residential staff housing where
patients are not present.
   (b) This prohibition shall include an exemption for departmentally
approved religious ceremonies.
   (c) As part of the implementation plan, the department shall
provide any requesting patient with a smoking cessation plan that may
include, at minimum, an individual medical treatment plan,
counseling, prescription drugs, or nicotine replacement, as
determined to be medically necessary and appropriate.
   (d) Nothing in this section shall be construed to restrict the
outside activity time currently available to hospital patients.
   (e) If an implementation plan is adopted pursuant to subdivision
(a), the store or canteen at any facility subject to the prohibition
shall not sell tobacco  or marijuana  products.
  SEC. 37.  Section 18901.3 of the Welfare and Institutions Code is
amended to read:
   18901.3.  (a) Subject to the limitations of subdivision (b),
pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). A
convicted drug felon shall be eligible to receive food stamps under
this section.
   (b) Subdivision (a) does not apply to a person who has been
convicted of unlawfully transporting, importing into this state,
selling, furnishing, administering, giving away, possessing for sale,
purchasing for purposes of sale, manufacturing a controlled
substance, possessing precursors with the intent to manufacture a
controlled  substance, or cultivating, harvesting, or
processing marijuana or any part thereof pursuant to Section 11358 of
the Health and Safety Code   substance  .
   (c) Subdivision (a) does not apply to a person who has been
convicted of unlawfully soliciting, inducing, encouraging, or
intimidating a minor to participate in any activity listed in
subdivision (b).
   (d) As a condition of eligibility to receive food stamps pursuant
to subdivision (a), an applicant convicted of a felony drug offense
that is not excluded under subdivision (b) or (c) shall be required
to provide proof of one of the following subsequent to the most
recent drug-related conviction:
   (1) Completion of a government-recognized drug treatment program.
   (2) Participation in a government-recognized drug treatment
program.
   (3) Enrollment in a government-recognized drug treatment program.
   (4) Placement on a waiting list for a government-recognized drug
treatment program.
   (5) Other evidence that the illegal use of controlled substances
has ceased, as established by State Department of Social Services
regulations.
   (e) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement this section
through an all-county letter or similar instructions from the
director no later than January 1, 2005.
   (f) The department shall adopt regulations as otherwise necessary
to implement this section no later than July 1, 2005. Emergency
regulations adopted for implementation of this section may be adopted
by the director in accordance with the Administrative Procedure Act.
The adoption of emergency regulations shall be deemed to be an
emergency and necessary for immediate preservation of the public
peace, health and safety, or general welfare. The emergency
regulations shall be exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and shall remain in effect for no
more than 180 days.
  SEC. 38.   The provisions of this act are severable. If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
  SEC. 39.   No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.