AB 2495, as amended, Eggman. Controlled substances.
Existing law makes it a crime to possess specified controlled substances or paraphernalia. Existing law makes it a crime to use or be under the influence of 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 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.
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:
(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 substances,
7including, but not limited to, supervised consumption services
8where adults may consume preobtained controlled substances
9under the supervision of staff in a safe and hygienic facility.begin insert In
10addition to the prevention of death, disease, or injury, these
11programs shall provide, at a minimum, substance use disorder
12treatment either directly or through referral.end insert
13(b) Notwithstanding any other law, any person or entity,
14including, but not limited to, property owners, managers,
15employees, volunteers, and clients or participants, involved in the
16operation or utilization of an adult public health or medical
17intervention program under subdivision (a) shall not be arrested,
18charged, or prosecuted pursuant to Section 11350, 11364, 11365,
1911366, 11366.5, or 11377, or subdivision (a) of Section 11550,
20including for attempt, aiding and abetting, or conspiracy to commit
21a violation of any of those sections, or have his or her property
22subject to forfeiture, or otherwise be penalized solely for actions
23or conduct allowed by state or local health departments pursuant
24to subdivision (a).
25(c) Subdivision (b) shall only protect property owners, managers,
26employees, volunteers, and clients or participants
of the public
27health or medical intervention program for actions or conduct
28allowed by state or local health departments pursuant to subdivision
29(a).
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