California Legislature—2013–14 Regular Session

Assembly BillNo. 2603


Introduced by Assembly Member V. Manuel Pérez

February 21, 2014


An act to amend Sections 11350 and 11377 of the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

AB 2603, as introduced, V. Manuel Pérez. Controlled substances: permissive lawful possession.

Existing law, subject to certain exceptions, provides that it is a crime for any person to possess specified controlled substances, punishable by a fine or imprisonment in a county jail, as specified, unless it is upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state.

This bill would create an exception from these prohibitions for possession of those controlled substances for a lawful purpose by anyone with the express authorization or direction of the prescription holder.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 11350 of the Health and Safety Code is
2amended to read:

3

11350.  

(a) Except as otherwise provided in this division, every
4person who possesses (1) any controlled substance specified in
5subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section
611054, specified in paragraph (14), (15), or (20) of subdivision (d)
P2    1of Section 11054, or specified in subdivision (b) or (c) of Section
211055, or specified in subdivision (h) of Section 11056, or (2) any
3controlled substance classified in Schedule III, IV, or V which is
4a narcotic drug, unless upon the written prescription of a physician,
5dentist, podiatrist, or veterinarian licensed to practice in this state,
6shall be punished by imprisonment pursuant to subdivision (h) of
7Section 1170 of the Penal Code.

8(b) Except as otherwise provided in this division, every person
9who possesses any controlled substance specified in subdivision
10(e) of Section 11054 shall be punished by imprisonment in a county
11jail for not more than one year or pursuant to subdivision (h) of
12Section 1170 of the Penal Code.

13(c) Except as otherwise provided in this division, whenever a
14person who possesses any of the controlled substances specified
15in subdivision (a) or (b), the judge may, in addition to any
16punishment provided for pursuant to subdivision (a) or (b), assess
17against that person a fine not to exceed seventy dollars ($70) with
18proceeds of this fine to be used in accordance with Section 1463.23
19of the Penal Code. The court shall, however, take into consideration
20the defendant’s ability to pay, and no defendant shall be denied
21probation because of his or her inability to pay the fine permitted
22under this subdivision.

23(d) Except in unusual cases in which it would not serve the
24interest of justice to do so, whenever a court grants probation
25pursuant to a felony conviction under this section, in addition to
26any other conditions of probation which may be imposed, the
27following conditions of probation shall be ordered:

28(1) For a first offense under this section, a fine of at least one
29thousand dollars ($1,000) or community service.

30(2) For a second or subsequent offense under this section, a fine
31of at least two thousand dollars ($2,000) or community service.

32(3) If a defendant does not have the ability to pay the minimum
33fines specified in paragraphs (1) and (2), community service shall
34be ordered in lieu of the fine.

begin insert

35(e) This section does not apply to possession of a controlled
36substance described in subdivision (a) for a lawful purpose by
37anyone with the express authorization or direction of the
38prescription holder.

end insert
39

SEC. 2.  

Section 11377 of the Health and Safety Code is
40amended to read:

P3    1

11377.  

(a) Except as authorized by law and as otherwise
2provided in subdivision (b) or Section 11375, or in Article 7
3(commencing with Section 4211) of Chapter 9 of Division 2 of
4the Business and Professions Code, every person who possesses
5any controlled substance which is (1) classified in Schedule III,
6IV, or V, and which is not a narcotic drug, (2) specified in
7subdivision (d) of Section 11054, except paragraphs (13), (14),
8(15), and (20) of subdivision (d), (3) specified in paragraph (11)
9of subdivision (c) of Section 11056, (4) specified in paragraph (2)
10or (3) of subdivision (f) of Section 11054, or (5) specified in
11subdivision (d), (e), or (f) of Section 11055, unless upon the
12prescription of a physician, dentist, podiatrist, or veterinarian,
13licensed to practice in this state, shall be punished by imprisonment
14in a county jail for a period of not more than one year or pursuant
15to subdivision (h) of Section 1170 of the Penal Code.

16(b) (1) Any person who violates subdivision (a) by unlawfully
17possessing a controlled substance specified in subdivision (f) of
18Section 11056, and who has not previously been convicted of a
19violation involving a controlled substance specified in subdivision
20(f) of Section 11056, is guilty of a misdemeanor.

21(2) Any person who violates subdivision (a) by unlawfully
22possessing a controlled substance specified in subdivision (g) of
23Section 11056 is guilty of a misdemeanor.

24(3) Any person who violates subdivision (a) by unlawfully
25possessing a controlled substance specified in paragraph (7) or (8)
26of subdivision (d) of Section 11055 is guilty of a misdemeanor.

27(4) Any person who violates subdivision (a) by unlawfully
28possessing a controlled substance specified in paragraph (8) of
29subdivision (f) of Section 11057 is guilty of a misdemeanor.

30(c) In addition to any fine assessed under subdivision (b), the
31judge may assess a fine not to exceed seventy dollars ($70) against
32any person who violates subdivision (a), with the proceeds of this
33fine to be used in accordance with Section 1463.23 of the Penal
34Code. The court shall, however, take into consideration the
35defendant’s ability to pay, and no defendant shall be denied
36probation because of his or her inability to pay the fine permitted
37under this subdivision.

begin insert

38(d) This section does not apply to possession of a controlled
39substance described in subdivision (a) for a lawful purpose by
P4    1anyone with the express authorization or direction of the
2prescription holder.

end insert


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