BILL NUMBER: AB 730 CHAPTERED
BILL TEXT
CHAPTER 77
FILED WITH SECRETARY OF STATE JULY 13, 2015
APPROVED BY GOVERNOR JULY 13, 2015
PASSED THE SENATE JUNE 25, 2015
PASSED THE ASSEMBLY APRIL 20, 2015
INTRODUCED BY Assembly Member Quirk
FEBRUARY 25, 2015
An act to amend Sections 11360, 11379.5, and 11391 of the Health
and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 730, Quirk. Controlled substances: transport.
Existing law categorizes controlled substances into 5 schedules
and restrictions on those contained in Schedule I. Existing law,
subject to exceptions, makes it an offense to, among other things,
transport marijuana, phencyclidine, as specified, and mushrooms
containing certain controlled substances, as provided.
This bill would instead define "transport" for those purposes to
mean to transport for sale.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11360 of the Health and Safety Code is amended
to read:
11360. (a) Except as otherwise provided by this section or as
authorized by law, every person who transports, imports into this
state, sells, furnishes, administers, or gives away, or offers to
transport, import into this state, sell, furnish, administer, or give
away, or attempts to import into this state or transport any
marijuana shall be punished by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code for a period of two, three or
four years.
(b) Except as authorized by law, every person who gives away,
offers to give away, transports, offers to transport, or attempts to
transport not more than 28.5 grams of marijuana, other than
concentrated cannabis, is guilty of a misdemeanor and shall be
punished by a fine of not more than one hundred dollars ($100). In
any case in which a person is arrested for a violation of this
subdivision and does not demand to be taken before a magistrate, such
person shall be released by the arresting officer upon presentation
of satisfactory evidence of identity and giving his written promise
to appear in court, as provided in Section 853.6 of the Penal Code,
and shall not be subjected to booking.
(c) For purposes of this section, "transport" means to transport
for sale.
(d) This section does not preclude or limit prosecution for any
aiding and abetting or conspiracy offenses.
SEC. 2. Section 11379.5 of the Health and Safety Code is amended
to read:
11379.5. (a) Except as otherwise provided in subdivision (b) and
in Article 7 (commencing with Section 4211) of Chapter 9 of Division
2 of the Business and Professions Code, every person who transports,
imports into this state, sells, furnishes, administers, or gives
away, or offers to transport, import into this state, sell, furnish,
administer, or give away, or attempts to import into this state or
transport phencyclidine or any of its analogs which is specified in
paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or
in paragraph (3) of subdivision (e) of Section 11055, or its
precursors as specified in subparagraph (A) or (B) of paragraph (2)
of subdivision (f) of Section 11055, unless upon the prescription of
a physician, dentist, podiatrist, or veterinarian licensed to
practice in this state, shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for a period of
three, four, or five years.
(b) Notwithstanding the penalty provisions of subdivision (a),
any person who transports for sale any controlled substances
specified in subdivision (a) within this state from one county to
another noncontiguous county shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
three, six, or nine years.
(c) For purposes of this section, "transport" means to transport
for sale.
(d) This section does not preclude or limit prosecution for any
aiding and abetting or conspiracy offenses.
SEC. 3. Section 11391 of the Health and Safety Code is amended to
read:
11391. (a) Except as otherwise authorized by law, every person
who transports, imports into this state, sells, furnishes, gives
away, or offers to transport, import into this state, sell, furnish,
or give away any spores or mycelium capable of producing mushrooms or
other material which contain a controlled substance specified in
paragraph (18) or (19) of subdivision (d) of Section 11054 for the
purpose of facilitating a violation of Section 11390 shall be
punished by imprisonment in the county jail for a period of not more
than one year or in the state prison.
(b) For purposes of this section, "transport" means to transport
for sale.
(c) This section does not preclude or limit prosecution for any
aiding and abetting or conspiracy offenses.