AB 721, as introduced, Bradford. Controlled substances: transporting with intent to sell.
Existing law categorizes controlled substances into 5 schedules and restrictions on those contained in Schedule I. Existing law, subject to exceptions, makes it an offense to, among other things, transport specified Schedule I and II controlled substances, or any Schedule III, IV, or V controlled substance which is a narcotic drug, unless upon written prescription, as specified.
This bill would instead make the transportation of those controlled substances unlawful if an individual also has the intent to sell.
Existing law, subject to exceptions, makes it an offense to, among other things, transport specified Schedule III, IV, or V controlled substances which are not a narcotic drug, unless upon written prescription, as specified.
This bill would instead make that portion of the offense transporting those controlled substances with the intent to sell.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11352 of the Health and Safety Code is
2amended to read:
(a) Except as otherwise provided in this division, every
4person who transportsbegin insert with the intent to sellend insert, imports into this state,
5sells, furnishes, administers, or gives away, or offers to transport,
6import into this state, sell, furnish, administer, or give away, or
7attempts to import into this state or transport (1) any controlled
8substance specified in subdivision (b), (c), or (e), or paragraph (1)
9of subdivision (f) of Section 11054, specified in paragraph (14),
10(15), or (20) of subdivision (d) of Section 11054, or specified in
11subdivision (b) or (c) of Section 11055, or specified in subdivision
12(h) of Section 11056, or (2) any controlled substance classified in
13Schedule III, IV, or V which is a narcotic drug, unless
upon the
14written prescription of a physician, dentist, podiatrist, or
15veterinarian licensed to practice in this state, shall be punished by
16imprisonment pursuant to subdivision (h) of Section 1170 of the
17Penal Code for three, four, or five years.
18(b) Notwithstanding the penalty provisions of subdivision (a),
19any person who transports for sale any controlled substances
20specified in subdivision (a) within this state from one county to
21another noncontiguous county shall be punished by imprisonment
22pursuant to subdivision (h) of Section 1170 of the Penal Code for
23three, six, or nine years.
Section 11379 of the Health and Safety Code is
25amended to read:
(a) Except as otherwise provided in subdivision (b)
27and in Article 7 (commencing with Section 4211) of Chapter 9 of
28Division 2 of the Business and Professions Code, every person
29who transportsbegin insert with the intent to sellend insert, imports into this state, sells,
30furnishes, administers, or gives away, or offers to transport, import
31into this state, sell, furnish, administer, or give away, or attempts
32to import into this state or transport any controlled substance which
33is (1) classified in Schedule III, IV, or V and which is not a narcotic
34drug, except subdivision (g) of Section 11056, (2) specified in
35subdivision (d) of Section 11054, except paragraphs (13), (14),
36(15), (20), (21), (22), and (23) of subdivision (d), (3) specified in
37
paragraph (11) of subdivision (c) of Section 11056, (4) specified
38in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5)
P3 1specified in subdivision (d) or (e), except paragraph (3) of
2subdivision (e), or specified in subparagraph (A) of paragraph (1)
3of subdivision (f), of Section 11055, unless upon the prescription
4of a physician, dentist, podiatrist, or veterinarian, licensed to
5practice in this state, shall be punished by imprisonment pursuant
6to subdivision (h) of Section 1170 of the Penal Code for a period
7of two, three, or four years.
8(b) Notwithstanding the penalty provisions of subdivision (a),
9any person who transports for sale any controlled substances
10specified in subdivision (a) within this state from one county to
11another noncontiguous county shall be punished by imprisonment
12pursuant to subdivision (h) of Section 1170 of the Penal Code for
13three, six, or nine years.
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