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 substances 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 solebegin delete purpose of the possessionend deletebegin insert intent of the possessorend insert
is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner.
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) It is not unlawful for a person other than the prescription
5holder to possess a controlled substance described in subdivision
6(a) if both of the following apply:
7(1) The possession of the controlled substance is at the direction
8or with the express authorization of the prescription holder.
9(2) The solebegin delete purpose of the possessionend deletebegin insert intent of the possessorend insert
10 is to deliver the prescription to the prescription holder for its
11prescribed use or to discard
the substance in a lawful manner.
12(f) This section does not permit the use of a controlled substance
13by a person other than the prescription holder or permit the
14distribution or sale of a controlled substance that is otherwise
15inconsistent with the prescription.
Section 11377 of the Health and Safety Code is
17amended to read:
(a) Except as authorized by law and as otherwise
19provided in subdivision (b) or Section 11375, or in Article 7
20(commencing with Section 4211) of Chapter 9 of Division 2 of
21the Business and Professions Code, every person who possesses
22any controlled substance which is (1) classified in Schedule III,
23IV, or V, and which is not a narcotic drug, (2) specified in
24subdivision (d) of Section 11054, except paragraphs (13), (14),
25(15), and (20) of subdivision (d), (3) specified in paragraph (11)
26of subdivision (c) of Section 11056, (4) specified in paragraph (2)
27or (3) of subdivision (f) of Section 11054, or (5) specified in
28subdivision (d), (e), or (f) of Section 11055, unless upon the
29prescription of a physician, dentist, podiatrist, or veterinarian,
30licensed
to practice in this state, shall be punished by imprisonment
31in a county jail for a period of not more than one year or pursuant
32to subdivision (h) of Section 1170 of the Penal Code.
33(b) (1) Any person who violates subdivision (a) by unlawfully
34possessing a controlled substance specified in subdivision (f) of
35Section 11056, and who has not previously been convicted of a
36violation involving a controlled substance specified in subdivision
37(f) of Section 11056, is guilty of a misdemeanor.
38(2) Any person who violates subdivision (a) by unlawfully
39possessing a controlled substance specified in subdivision (g) of
40Section 11056 is guilty of a misdemeanor.
P4 1(3) Any person who violates subdivision (a) by unlawfully
2possessing
a controlled substance specified in paragraph (7) or (8)
3of subdivision (d) of Section 11055 is guilty of a misdemeanor.
4(4) Any person who violates subdivision (a) by unlawfully
5possessing a controlled substance specified in paragraph (8) of
6subdivision (f) of Section 11057 is guilty of a misdemeanor.
7(c) In addition to any fine assessed under subdivision (b), the
8judge may assess a fine not to exceed seventy dollars ($70) against
9any person who violates subdivision (a), with the proceeds of this
10fine to be used in accordance with Section 1463.23 of the Penal
11Code. The court shall, however, take into consideration the
12defendant’s ability to pay, and no defendant shall be denied
13probation because of his or her inability to pay the fine permitted
14under this subdivision.
15(d) It is not unlawful for a person other than the prescription
16holder to possess a controlled substance described in subdivision
17(a) if both of the following apply:
18(1) The possession of the controlled substance is at the direction
19or with the express authorization of the prescription holder.
20(2) The solebegin delete purpose of the possessionend deletebegin insert intent of the possessorend insert
21 is to deliver the prescription to the prescription holder for its
22prescribed use or to discard the substance in a lawful manner.
23(e) This
section does not permit the use of a controlled substance
24by a person other than the prescription holder or permit the
25distribution or sale of a controlled substance that is otherwise
26inconsistent with the prescription.
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