SB 649, as amended, 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:
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) of, or paragraph (1) of subdivision (f) of,
6Section 11054, specified in paragraph (14), (15), or (20) of
7subdivision (d) of Section 11054, or specified in subdivision (b)
8or (c) of Section 11055, or specified in subdivision (h) of Section
911056, or (2) any controlled substance classified in Schedule III,
10IV, or V which is a narcotic drug, unless upon the written
11prescription of a physician, dentist, podiatrist, or veterinarian
12licensed to practice in this state, shall be punished by imprisonment
13in a county jail forbegin delete a period ofend delete not
more than one year or pursuant
14to subdivision (h) of Section 1170 of the Penal Code.
15(b) Except as otherwise provided in this division, every person
16who possesses any controlled substance specified in subdivision
17(e) of Section 11054 shall be punished by imprisonment in a county
18jail for not more than one year or pursuant to subdivision (h) of
19Section 1170 of the Penal Code.
20(c) Except as otherwise provided in this division, whenever a
21person who possesses any of the controlled substances specified
22in subdivision (a) or (b), the judge may, in addition to any
23punishment provided for pursuant to subdivision (a) or (b), assess
24against that person a fine not to exceed seventy dollars ($70) with
25proceeds of this fine to be used in accordance with Section 1463.23
26of the Penal Code.
The court shall, however, take into consideration
27the defendant’s ability to pay, and no defendant shall be denied
28probation because of his or her inability to pay the fine permitted
29under this subdivision.
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