AB 721, as amended, 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 define “transports” for those purposes to mean to transport for sale.
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 define “transports” for those purposes to mean to transport for sale.
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 transports, imports into this state, sells, furnishes,
5administers, or gives away, or offers to transport, import into this
6state, sell, furnish, administer, or give away, or attempts to import
7into this state or transport (1) any controlled substance specified
8in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f)
9of Section 11054, specified in paragraph (14), (15), or (20) of
10subdivision (d) of Section 11054, or specified in subdivision (b)
11or (c) of Section 11055, or specified in subdivision (h) of Section
1211056, or (2) any controlled substance classified in Schedule III,
13IV, or V which is a narcotic drug, unless upon the written
14prescription of a physician, dentist,
podiatrist, or veterinarian
15licensed to practice in this state, shall be punished by imprisonment
16pursuant to subdivision (h) of Section 1170 of the Penal Code for
17three, four, or five years.
18(b) Notwithstanding the penalty provisions of subdivision (a),
19any person who transports any controlled substances specified in
20subdivision (a) within this state from one county to another
21noncontiguous county shall be punished by imprisonment pursuant
22to subdivision (h) of Section 1170 of the Penal Code for three, six,
23or nine years.
24(c) For purposes of this section, “transports” means to transport
25for sale.
26(d) This section does not preclude or limit the
prosecution of
27an individual for aiding and abetting the commission of, or
28conspiring to commit, any act prohibited by this section.
Section 11379 of the Health and Safety Code is
30amended to read:
(a) Except as otherwise provided in subdivision (b)
32and in Article 7 (commencing with Section 4211) of Chapter 9 of
33Division 2 of the Business and Professions Code, every person
34who transports, imports into this state, sells, furnishes, administers,
35or gives away, or offers to transport, import into this state, sell,
36furnish, administer, or give away, or attempts to import into this
37state or transport any controlled substance which is (1) classified
38in Schedule III, IV, or V and which is not a narcotic drug, except
P3 1subdivision (g) of Section 11056, (2) specified in subdivision (d)
2of Section 11054, except paragraphs (13), (14), (15), (20), (21),
3(22), and (23) of subdivision (d), (3) specified in
paragraph (11)
4of subdivision (c) of Section 11056, (4) specified in paragraph (2)
5or (3) of subdivision (f) of Section 11054, or (5) specified in
6subdivision (d) or (e), except paragraph (3) of subdivision (e), or
7specified in subparagraph (A) of paragraph (1) of subdivision (f),
8of Section 11055, unless upon the prescription of a physician,
9dentist, podiatrist, or veterinarian, licensed to practice in this state,
10shall be punished by imprisonment pursuant to subdivision (h) of
11Section 1170 of the Penal Code for a period of two, three, or four
12years.
13(b) Notwithstanding the penalty provisions of subdivision (a),
14any person who transports any controlled substances specified in
15subdivision (a) within this state from one county to another
16noncontiguous county shall be punished by imprisonment pursuant
17to subdivision (h) of Section
1170 of the Penal Code for three, six,
18or nine years.
19(c) For purposes of this section, “transports” means to transport
20for sale.
21(d) Nothing in this section is intended to preclude or limit
22prosecution under an aiding and abetting theory or a conspiracy
23theory.
O
97