AB 2495, as introduced, Eggman. Controlled substances.
Existing law makes it a crime to possess specified controlled substances. Existing law additionally makes it a crime to visit or be in any room where specified controlled substances are being unlawfully used with knowledge that the activity is occurring, or to open or maintain a place for the purpose of giving away or using specified controlled substances. Existing law makes it a crime for a person to rent, lease, or make available for use any building or room for the purpose of storing or distributing any controlled substance. Existing law authorizes forfeiture of property used for specified crimes involving controlled substances.
This bill would exempt a person from those criminal sanctions while he or she is using or operating an adult public health or medical intervention that is permitted by state or local health departments and intended to reduce death, disability, or injury due to the use of controlled substances.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11376.6 is added to the Health and Safety
2Code, to read:
Notwithstanding any other law, a person or entity,
4including, but not limited to, property owners, managers,
5employees, volunteers, and clients or participants, involved in the
6operation or utilization of an adult public health or medical
7intervention program that is permitted by state or local health
8departments and intended to reduce death, disability, or injury due
9to the use of controlled substances shall not be arrested, charged,
10or prosecuted pursuant to Section 11350, 11365, 11366, or 11366.5
11for actions or conduct undertaken at the direction of staff or
12pursuant to the program while the intervention is in operation or
13being utilized, or have his or her property subject to forfeiture, or
14otherwise be penalized solely for actions or conduct permitted by
15this section.
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