SB 333, as introduced, Galgiani. Controlled substances.
(1) Existing law, as amended by the Safe Neighborhoods and Schools Act, a measure approved by the voters at the November 4, 2014, statewide general election, generally provides that the possession of Ketamine, gamma hydroxybutyric acid (GHB), and flunitrazepam is a misdemeanor, punishable by imprisonment in the county jail for not more than one year. Existing law also provides that when a person has one or more prior convictions for certain enumerated crimes, his or her possession of GHB is a felony, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, and his or her possession of Ketamine and flunitrazepam is either a misdemeanor, punishable by imprisonment in the county jail for not more than one year, or a felony, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years.
This bill would instead provide, without regard for a person’s prior convictions, that possession of Ketamine and flunitrazepam is either a misdemeanor, punishable by imprisonment in a county jail for not more than one year, or a felony, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years. The bill would also provide that the possession of GHB by a person who does not have a prior conviction for those certain enumerated crimes is either a misdemeanor, punishable by imprisonment in a county jail for not more than one year, or a felony, punishable in a county jail for 16 months, or 2 or 3 years. This bill would make other technical, clarifying changes.
(2) Proposition 47 provides that its provisions may be amended by a statute that is consistent with and furthers its intent and that is passed by a 2⁄3 vote of each house of the Legislature and is signed by the Governor. Proposition 47 also provides that the Legislature may, by majority vote, amend, add, or repeal provisions to further reduce the penalties for offenses it addresses.
The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors.
This bill would provide that its provisions become effective only upon approval of the voters at the next statewide election, and would provide for the submission of this measure to the voters for approval at that election.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) Ketamine, gamma hydroxybutyric acid (GHB), and
4Rohypnol are drugs often characterized as “date rape” drugs.
5(b) GHB is a central nervous system depressant that was
6approved for the treatment of narcolepsy. GHB has no color or
7taste, and is frequently combined with alcohol to commit sexual
8assault.
9(c) Ketamine causes unconsciousness, hallucinations, loss of
10body control, and numbing. Ketamine works very quickly, so
11victims drugged with Ketamine only have a few seconds to react
12before losing consciousness.
13(d) Rohypnol, commonly known as flunitrazepam, and
14sometimes referred to as “roofies,” impairs judgment and leaves
15victims drugged with Rohypnol physically incapacitated. Memory
16loss and confusion under the influence of this drug makes victims
17more vulnerable to rape.
P3 1(e) In order to deter the possession of Ketamine, GHB, and
2Rohypnol by sexual predators and to take steps to prevent the use
3of these drugs to incapacitate victims for purposes of sexual
4exploitation, it is necessary and appropriate that an individual who
5possesses one of these substances be subject to felony penalties.
Section 11350 of the Health and Safety Code, as
7amended by November 4, 2014, by initiative Proposition 47,
8Section 11, is amended to read:
(a) begin insert(1)end insertbegin insert end insert Except as otherwise provided in this division,
10every person who possesses (1)begin delete anyend deletebegin insert aend insert controlled substance
11specified in subdivisionbegin delete (b), (c), (e),end deletebegin insert (b) or (c) of, or paragraph
12(1) or (2) of subdivision (e) of,end insert or
paragraph (1) of subdivision (f)
13ofbegin insert,end insert
Section 11054, specified in paragraph (14), (15), or (20) of
14subdivision (d) of Section 11054, or specified in subdivision (b)
15or (c) of Section 11055, or specified in subdivision (h) of Section
1611056, or (2)begin delete anyend deletebegin insert aend insert controlled substance classified in Schedule III,
17IV, or V which is a narcotic drug, unless upon the written
18prescription of a physician, dentist, podiatrist, or veterinarian
19licensed to practice in this state, shall be punished by imprisonment
20in a county jail for not more than one year, except that such person
21shall instead be punished pursuant to subdivision (h) of Section
221170 of the Penal Code if that person has one or more prior
23convictions for an offense specified in clause (iv) of subparagraph
24(C) of paragraph (2) of subdivision (e) of Section 667 of the Penal
25Code or for an offense
requiring registration pursuant to
26subdivision (c) of Section 290 of the Penal Code.
27(2) (A) Except as otherwise provided in subparagraph (B) and
28this division, every person who possesses a controlled substance
29specified in paragraph (3) of subdivision (e) of Section 11054 shall
30be punished by imprisonment in a county jail for not more than
31one year or pursuant to subdivision (h) of Section 1170 of the
32Penal Code.
33(B) Except as otherwise provided in this division, every person
34who has one or more prior convictions for an offense specified in
35clause (iv) of subparagraph (C) of paragraph (2) of subdivision
36(e) of Section 667 of the Penal Code or for an offense requiring
37registration pursuant to subdivision (c) of Section 290 of the Penal
38Code who possesses a controlled substance
specified in paragraph
39(3) of subdivision (e) of Section 11054 shall be punished by
P4 1imprisonment pursuant to subdivision (h) of Section 1170 of the
2Penal Code.
3(b) Except as otherwise provided in this division, whenever a
4person who possesses any of the controlled substances specified
5in subdivision (a), the judge may, in addition to any punishment
6provided for pursuant to subdivision (a), assess against that person
7a fine not to exceed seventy dollars ($70) with proceeds of this
8fine to be used in accordance with Section 1463.23 of the Penal
9Code. The court shall, however, take into consideration the
10defendant’s ability to pay, and no defendant shall be denied
11probation because of his or her inability to pay the fine permitted
12under this subdivision.
13(c) Except in unusual cases in which it would not serve the
14interest of justice to do so, whenever a court
grants probation
15pursuant to a felony conviction under this section, in addition to
16any other conditions of probation which may be imposed, the
17following conditions of probation shall be ordered:
18(1) For a first offense under this section, a fine of at least one
19thousand dollars ($1,000) or community service.
20(2) For a second or subsequent offense under this section, a
21fine of at least two thousand dollars ($2,000) or community service.
22(3) If a defendant does not have the ability to pay the minimum
23fines specified in paragraphs (1) and (2), community service shall
24be ordered in lieu of the fine.
25(d) It is not unlawful for a person other than the prescription
26holder to
possess a controlled substance described in subdivision
27(a) if both of the following apply:
28(1) The possession of the controlled substance is at the direction
29or with the express authorization of the prescription holder.
30(2) The sole intent of the possessor is to deliver the prescription
31to the prescription holder for its prescribed use or to discard the
32substance in a lawful manner.
33(e) This section does not permit the use of a controlled substance
34by a person other than the prescription holder or permit the
35distribution or sale of a controlled substance that is otherwise
36inconsistent with the prescription.
Section 11350 of the Health and Safety Code, as
38amended by Section 1 of Chapter 540 of the Statutes of 2014, is
39repealed.
(a) Except as otherwise provided in this division, every
2person who possesses (1) any controlled substance specified in
3subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section
411054, specified in paragraph (14), (15), or (20) of subdivision (d)
5of Section 11054, or specified in subdivision (b) or (c) of Section
611055, or specified in subdivision (h) of Section 11056, or (2) any
7controlled substance classified in Schedule III, IV, or V which is
8a narcotic drug, unless upon the written prescription of a physician,
9dentist, podiatrist, or veterinarian licensed to practice in this state,
10shall be punished by imprisonment pursuant to subdivision (h) of
11Section 1170 of the Penal Code.
12(b) Except as otherwise
provided in this division, every person
13who possesses any controlled substance specified in subdivision
14(e) of Section 11054 shall be punished by imprisonment in a county
15jail for not more than one year or pursuant to subdivision (h) of
16Section 1170 of the Penal Code.
17(c) Except as otherwise provided in this division, whenever a
18person who possesses any of the controlled substances specified
19in subdivision (a) or (b), the judge may, in addition to any
20punishment provided for pursuant to subdivision (a) or (b), assess
21against that person a fine not to exceed seventy dollars ($70) with
22proceeds of this fine to be used in accordance with Section 1463.23
23of the Penal Code. The court shall, however, take into consideration
24 the defendant’s ability to pay, and no defendant shall be denied
25probation because of his or her inability to pay the fine permitted
26under this subdivision.
27(d) Except in unusual cases in which it would not serve the
28interest of justice to do so, whenever a court grants probation
29pursuant to a felony conviction under this section, in addition to
30any other conditions of probation which may be imposed, the
31following conditions of probation shall be ordered:
32(1) For a first offense under this section, a fine of at least one
33thousand dollars ($1,000) or community service.
34(2) For a second or subsequent offense under this section, a fine
35of at least two thousand dollars ($2,000) or community service.
36(3) If a defendant does not have the ability to pay the minimum
37fines specified in paragraphs (1) and (2), community service shall
38be ordered in lieu of the fine.
P6 1(e) It is not unlawful for a person
other than the prescription
2holder to possess a controlled substance described in subdivision
3(a) if both of the following apply:
4(1) The possession of the controlled substance is at the direction
5or with the express authorization of the prescription holder.
6(2) The sole intent of the possessor is to deliver the prescription
7to the prescription holder for its prescribed use or to discard the
8substance in a lawful manner.
9(f) This section does not permit the use of a controlled substance
10by a person other than the prescription holder or permit the
11distribution or sale of a controlled substance that is otherwise
12inconsistent with the prescription.
Section 11377 of the Health and Safety Code, as
14amended by November 4, 2014, by initiative Proposition 47,
15Section 13, is amended to read:
(a) Except as authorized by law and as otherwise
17provided in subdivision (b) or Section 11375, or in Articlebegin delete 7end deletebegin insert 3end insert
18 (commencing with Sectionbegin delete 4211)end deletebegin insert 4050)end insert of Chapter 9 of Division
192 of the Business and Professions Code, every person who
20possessesbegin delete anyend deletebegin insert aend insert controlled
substance which is (1) classified in
21Schedule III, IV, or V, and which is not a narcotic drug, (2)
22specified in subdivision (d) of Section 11054, except paragraphs
23(13), (14), (15), and (20) of subdivision (d), (3) specified in
24paragraph (11) of subdivision (c) of Section 11056, (4) specified
25in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5)
26specified in subdivision (d), (e), or (f) of Section 11055, unless
27upon the prescription of a physician, dentist, podiatrist, or
28veterinarian, licensed to practice in this state, shall be punished by
29imprisonment in a county jail for a period of not more than one
30year, except that such person may instead be punished pursuant
31to subdivision (h) of Section 1170 of the Penal Code if that person
32has one or more prior convictions for an offense specified in clause
33(iv) of subparagraph (C) of paragraph (2) of subdivision (e) of
34Section 667 of the Penal Code or for an offense requiring
35registration pursuant to subdivision (c) of Section 290 of the Penal
36
Code.
37(b) Every person who possesses a controlled substance specified
38in subdivision (g) of Section 11056 or specified in paragraph (13)
39of subdivision (d) of Section 11057 shall be punished by
P7 1imprisonment in a county jail for not more than one year or
2pursuant to subdivision (h) of Section 1170 of the Penal Code.
3(b)
end delete
4begin insert(end insertbegin insertc)end insert The judge may assess a fine not to exceed seventy dollars
5($70) against any
person who violates subdivision (a), with the
6proceeds of this fine to be used in accordance with Section 1463.23
7of the Penal Code. The court shall, however, take into consideration
8the defendant’s ability to pay, and no defendant shall be denied
9probation because of his or her inability to pay the fine permitted
10under this subdivision.
11(d) It is not unlawful for a person other than the prescription
12holder to possess a controlled substance described in subdivision
13(a) if both of the following apply:
14(1) The possession of the controlled substance is at the direction
15or with the express authorization of the prescription holder.
16(2) The sole intent of the possessor is to deliver the prescription
17to the prescription holder for its
prescribed use or to discard the
18substance in a lawful manner.
19(e) This section does not permit the use of a controlled substance
20by a person other than the prescription holder or permit the
21distribution or sale of a controlled substance that is otherwise
22inconsistent with the prescription.
Section 11377 of the Health and Safety Code, as
24amended by Section 2 of Chapter 540 of the Statutes of 2014, is
25repealed.
(a) Except as authorized by law and as otherwise
27provided in subdivision (b) or Section 11375, or in Article 7
28(commencing with Section 4211) of Chapter 9 of Division 2 of
29the Business and Professions Code, every person who possesses
30any controlled substance which is (1) classified in Schedule III,
31IV, or V, and which is not a narcotic drug, (2) specified in
32subdivision (d) of Section 11054, except paragraphs (13), (14),
33(15), and (20) of subdivision (d), (3) specified in paragraph (11)
34of subdivision (c) of Section 11056, (4) specified in paragraph (2)
35or (3) of subdivision (f) of Section 11054, or (5) specified in
36subdivision (d), (e), or (f) of Section 11055, unless upon the
37prescription of a physician, dentist, podiatrist, or veterinarian,
38licensed to practice in this state, shall be
punished by imprisonment
39in a county jail for a period of not more than one year or pursuant
40to subdivision (h) of Section 1170 of the Penal Code.
P8 1(b) (1) Any person who violates subdivision (a) by unlawfully
2possessing a controlled substance specified in subdivision (f) of
3Section 11056, and who has not previously been convicted of a
4violation involving a controlled substance specified in subdivision
5(f) of Section 11056, is guilty of a misdemeanor.
6(2) Any person who violates subdivision (a) by unlawfully
7possessing a controlled substance specified in subdivision (g) of
8Section 11056 is guilty of a misdemeanor.
9(3) Any person who violates subdivision (a) by unlawfully
10possessing a controlled substance specified in paragraph (7) or (8)
11of subdivision (d) of Section 11055 is guilty of a
misdemeanor.
12(4) Any person who violates subdivision (a) by unlawfully
13possessing a controlled substance specified in paragraph (8) of
14subdivision (f) of Section 11057 is guilty of a misdemeanor.
15(c) In addition to any fine assessed under subdivision (b), the
16judge may assess a fine not to exceed seventy dollars ($70) against
17any person who violates subdivision (a), with the proceeds of this
18fine to be used in accordance with Section 1463.23 of the Penal
19Code. The court shall, however, take into consideration the
20defendant’s ability to pay, and no defendant shall be denied
21probation because of his or her inability to pay the fine permitted
22under this subdivision.
23(d) It is not unlawful for a person other than the prescription
24holder to possess a controlled substance described in subdivision
25(a) if both of the
following apply:
26(1) The possession of the controlled substance is at the direction
27or with the express authorization of the prescription holder.
28(2) The sole intent of the possessor is to deliver the prescription
29to the prescription holder for its prescribed use or to discard the
30substance in a lawful manner.
31(e) This section does not permit the use of a controlled substance
32by a person other than the prescription holder or permit the
33distribution or sale of a controlled substance that is otherwise
34inconsistent with the prescription.
(a) Sections 2 and 4 of this act amend the Safe
36Neighborhoods and Schools Act, Proposition 47, an initiative
37statute that was approved by the voters at the November 4, 2014,
38statewide general election, and shall become effective only when
39submitted to and approved by the voters.
P9 1(b) The Secretary of State shall submit Sections 2 and 4 of this
2act for approval by the voters at the next statewide election
3pursuant to Section 9040 of the Election Code.
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