Senate BillNo. 649


Introduced by Senator Leno

February 22, 2013


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

LEGISLATIVE COUNSEL’S DIGEST

SB 649, as introduced, Leno. Possession of controlled substances: penalties.

Existing law provides that the unlawful possession of certain controlled substances, including, among others, opiates, opium, opium derivatives, mescaline, peyote, tetrahydrocannabinols, and cocaine base, is a felony punishable by imprisonment in a county jail for 16 months, or 2 or 3 years. Existing law imposes, as a condition of probation for a felony conviction of these provisions, a fine of $1,000 or community supervision for a first offense, and a fine of $2,000 or community supervision for a second or subsequent offense.

This bill would make the unlawful possession of any of those substances punishable as either a felony punishable in county jail or by imprisonment in a county jail for not more than one year. The bill would also delete the required probation conditions.

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
P2    1subdivision (b) or (c)begin insert ofend insert, or paragraph (1) of subdivision (f) ofbegin insert,end insert
2 Section 11054, specified in paragraph (14), (15), or (20) of
3subdivision (d) of Section 11054, or specified in subdivision (b)
4or (c) of Section 11055, or specified in subdivision (h) of Section
511056, or (2) any controlled substance classified in Schedule III,
6IV, or V which is a narcotic drug, unless upon the written
7prescription of a physician, dentist, podiatrist, or veterinarian
8licensed to practice in this state, shall be punished by imprisonment
9begin insert in a county jail for a period of not more than one year orend insert pursuant
10to subdivision (h) of Section 1170 of the Penal Code.

11(b) Except as otherwise provided in this division, every person
12who possesses any controlled substance specified in subdivision
13(e) of Section 11054 shall be punished by imprisonment in a county
14jail for not more than one year or pursuant to subdivision (h) of
15Section 1170 of the Penal Code.

16(c) Except as otherwise provided in this division, whenever a
17person who possesses any of the controlled substances specified
18in subdivision (a) or (b), the judge may, in addition to any
19punishment provided for pursuant to subdivision (a) or (b), assess
20against that person a fine not to exceed seventy dollars ($70) with
21proceeds of this fine to be used in accordance with Section 1463.23
22of the Penal Code. The court shall, however, take into consideration
23the defendant’s ability to pay, and no defendant shall be denied
24probation because of his or her inability to pay the fine permitted
25under this subdivision.

begin delete

26(d)  Except in unusual cases in which it would not serve the
27interest of justice to do so, whenever a court grants probation
28pursuant to a felony conviction under this section, in addition to
29any other conditions of probation which may be imposed, the
30following conditions of probation shall be ordered:

end delete
begin delete

31(1)  For a first offense under this section, a fine of at least one
32thousand dollars ($1,000) or community service.

end delete
begin delete

33(2)  For a second or subsequent offense under this section, a
34fine of at least two thousand dollars ($2,000) or community service.

end delete
begin delete

35(3)  If a defendant does not have the ability to pay the minimum
36fines specified in paragraphs (1) and (2), community service shall
37be ordered in lieu of the fine.

end delete


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