Amended in Assembly March 9, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2495


Introduced by Assembly Member Eggman

February 19, 2016


An act to add Section 11376.6 to the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

AB 2495, as amended, Eggman. Controlled substances.

Existing law makes it a crime to possess specified controlledbegin delete substances.end deletebegin insert substances or paraphernalia. Existing law makes it a crime to use or be under the influence of specified controlled substances.end insert 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 wouldbegin delete 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.end deletebegin insert authorize state or local health departments to authorize the operation of specified adult public health or medical intervention programs intended to reduce death, disease, or injury due to the use and administration of controlled substances. The bill would exempt a person from the criminal sanctions above while he or she is operating an adult public health or medical intervention program authorized by a state or local health department.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11376.6 is added to the end insertbegin insertHealth and Safety
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert11376.6.end insert  

(a) State or local health departments may allow a
4person or entity to establish and operate an adult public health or
5medical intervention program intended to reduce death, disease,
6or injury due to the use and administration of controlled
7substances, including, but not limited to, supervised consumption
8services where adults may consume preobtained controlled
9substances under the supervision of staff in a safe and hygienic
10facility.

11(b) Notwithstanding any other law, any person or entity,
12including, but not limited to, property owners, managers,
13employees, volunteers, and clients or participants, involved in the
14operation or utilization of an adult public health or medical
15intervention program under subdivision (a) shall not be arrested,
16charged, or prosecuted pursuant to Section 11350, 11364, 11365,
1711366, 11366.5, or 11377, or subdivision (a) of Section 11550,
18including for attempt, aiding and abetting, or conspiracy to commit
19a violation of any of those sections, or have his or her property
20subject to forfeiture, or otherwise be penalized solely for actions
21or conduct allowed by state or local health departments pursuant
22to subdivision (a).

23(c) Subdivision (b) shall only protect property owners,
24managers, employees, volunteers, and clients or participants of
25the public health or medical intervention program for actions or
26conduct allowed by state or local health departments pursuant to
27subdivision (a).

end insert
begin delete28

SECTION 1.  

Section 11376.6 is added to the Health and Safety
29Code
, to read:

30

11376.6.  

Notwithstanding any other law, a person or entity,
31including, but not limited to, property owners, managers,
32employees, volunteers, and clients or participants, involved in the
P3    1operation or utilization of an adult public health or medical
2intervention program that is permitted by state or local health
3departments and intended to reduce death, disability, or injury due
4to the use of controlled substances shall not be arrested, charged,
5or prosecuted pursuant to Section 11350, 11365, 11366, or 11366.5
6for actions or conduct undertaken at the direction of staff or
7pursuant to the program while the intervention is in operation or
8being utilized, or have his or her property subject to forfeiture, or
9otherwise be penalized solely for actions or conduct permitted by
10this section.

end delete


O

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