AB 2603, as amended, 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 substancesbegin delete for a lawful purpose by anyone with the express authorization or direction of the prescription holder.end deletebegin insert by a person other than the prescription holder if the possession of the controlled substance is at the direction or with the express authorization
of the prescription holder and the possessor of the controlled substance intends to deliver the prescription to the prescription holder within a reasonable period of time for the prescribed use by the prescription holder, or intends to discard the controlled substance in a lawful manner.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11350 of the Health and Safety Code is
2amended to read:
(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)
7of Section 11054, or specified in subdivision (b) or (c) of Section
811055, or specified in subdivision (h) of Section 11056, or (2) any
9controlled substance classified in Schedule III, IV, or V which is
10a narcotic drug, unless upon the written prescription of a physician,
11dentist, podiatrist, or veterinarian licensed to practice in this state,
12shall be punished by imprisonment pursuant to subdivision (h) of
13Section 1170 of the Penal Code.
14(b) Except
as otherwise provided in this division, every person
15who possesses any controlled substance specified in subdivision
16(e) of Section 11054 shall be punished by imprisonment in a county
17jail for not more than one year or pursuant to subdivision (h) of
18Section 1170 of the Penal Code.
19(c) Except as otherwise provided in this division, whenever a
20person who possesses any of the controlled substances specified
21in subdivision (a) or (b), the judge may, in addition to any
22punishment provided for pursuant to subdivision (a) or (b), assess
23against that person a fine not to exceed seventy dollars ($70) with
24proceeds of this fine to be used in accordance with Section 1463.23
25of the Penal Code. The court shall, however, take into consideration
26the defendant’s ability to pay, and no defendant shall be denied
27probation because of his or her inability to pay
the fine permitted
28under this subdivision.
29(d) Except in unusual cases in which it would not serve the
30interest of justice to do so, whenever a court grants probation
31pursuant to a felony conviction under this section, in addition to
32any other conditions of probation which may be imposed, the
33following conditions of probation shall be ordered:
34(1) For a first offense under this section, a fine of at least one
35thousand dollars ($1,000) or community service.
36(2) For a second or subsequent offense under this section, a fine
37of at least two thousand dollars ($2,000) or community service.
P3 1(3) If a defendant does not have the ability to pay the minimum
2fines
specified in paragraphs (1) and (2), community service shall
3be ordered in lieu of the fine.
4(e) This section does not apply to possession of a controlled
5substance described in subdivision (a) for a lawful purpose by
6anyone with the express authorization or direction of the
7prescription holder.
8(e) It is not unlawful for a person other than the prescription
9holder to possess a controlled substance described in subdivision
10(a) if both of the following apply:
11(1) The possession of the controlled substance is at the direction
12or with the express authorization of the prescription holder.
13(2) The possessor of the controlled substance intends to deliver
14the prescription to the prescription holder within a reasonable
15period of time for the prescribed use by the prescription holder,
16or intends to discard the controlled substance in a lawful manner.
17(f) This section does not permit the use of a controlled substance
18by a person other than the prescription holder or permit the
19distribution or sale of a controlled substance that is otherwise
20inconsistent with the prescription.
Section 11377 of the Health and Safety Code is
22amended to read:
(a) Except as authorized by law and as otherwise
24provided in subdivision (b) or Section 11375, or in Article 7
25(commencing with Section 4211) of Chapter 9 of Division 2 of
26the Business and Professions Code, every person who possesses
27any controlled substance which is (1) classified in Schedule III,
28IV, or V, and which is not a narcotic drug, (2) specified in
29subdivision (d) of Section 11054, except paragraphs (13), (14),
30(15), and (20) of subdivision (d), (3) specified in paragraph (11)
31of subdivision (c) of Section 11056, (4) specified in paragraph (2)
32or (3) of subdivision (f) of Section 11054, or (5) specified in
33subdivision (d), (e), or (f) of Section 11055, unless upon the
34prescription of a physician, dentist, podiatrist, or veterinarian,
35licensed
to practice in this state, shall be punished by imprisonment
36in a county jail for a period of not more than one year or pursuant
37to subdivision (h) of Section 1170 of the Penal Code.
38(b) (1) Any person who violates subdivision (a) by unlawfully
39possessing a controlled substance specified in subdivision (f) of
40Section 11056, and who has not previously been convicted of a
P4 1violation involving a controlled substance specified in subdivision
2(f) of Section 11056, is guilty of a misdemeanor.
3(2) Any person who violates subdivision (a) by unlawfully
4possessing a controlled substance specified in subdivision (g) of
5Section 11056 is guilty of a misdemeanor.
6(3) Any person who violates subdivision (a) by unlawfully
7possessing
a controlled substance specified in paragraph (7) or (8)
8of subdivision (d) of Section 11055 is guilty of a misdemeanor.
9(4) Any person who violates subdivision (a) by unlawfully
10possessing a controlled substance specified in paragraph (8) of
11subdivision (f) of Section 11057 is guilty of a misdemeanor.
12(c) In addition to any fine assessed under subdivision (b), the
13judge may assess a fine not to exceed seventy dollars ($70) against
14any person who violates subdivision (a), with the proceeds of this
15fine to be used in accordance with Section 1463.23 of the Penal
16Code. The court shall, however, take into consideration the
17defendant’s ability to pay, and no defendant shall be denied
18probation because of his or her inability to pay the fine permitted
19under this subdivision.
20(d) This section does not apply to possession of a controlled
21substance described in
subdivision (a) for a lawful purpose by
22anyone with the express authorization or direction of the
23prescription holder.
24(d) It is not unlawful for a person other than the prescription
25holder to possess a controlled substance described in subdivision
26(a) if both of the following apply:
27(1) The possession of the controlled substance is at the direction
28or with the express authorization of the prescription holder.
29(2) The possessor of the controlled substance intends to deliver
30the prescription to the prescription holder within a reasonable
31period of time for the prescribed use by the prescription holder,
32or intends to discard the controlled substance in a lawful manner.
33(e) This section does not permit the use of a controlled substance
34by a person other than
the prescription holder or permit the
35distribution or sale of a controlled substance that is otherwise
36inconsistent with the prescription.
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