2009 California Health and Safety Code - Section 11377-11382.5 :: Article 5. Offenses Involving Controlled Substances Formerly Classified As Restricted Dangerous Drugs

11377.  (a) Except as authorized by law and as otherwise provided in
subdivision (b) or Section 11375, or in Article 7 (commencing with
Section 4211) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who possesses any controlled substance
which is (1) classified in Schedule III, IV, or V, and which is not
a narcotic drug, (2) specified in subdivision (d) of Section 11054,
except paragraphs (13), (14), (15), and (20) of subdivision (d), (3)
specified in paragraph (11) of subdivision (c) of Section 11056, (4)
specified in paragraph (2) or (3) of subdivision (f) of Section
11054, or (5) specified in subdivision (d), (e), or (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 in a county jail for a period of
not more than one year or in the state prison.
   (b) (1) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in subdivision (f) of
Section 11056, and who has not previously been convicted of a
violation involving a controlled substance specified in subdivision
(f) of Section 11056, is guilty of a misdemeanor.
   (2) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in subdivision (g) of
Section 11056 is guilty of a misdemeanor.
   (3) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in paragraph (7) or (8)
of subdivision (d) of Section 11055 is guilty of a misdemeanor.
   (4) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in paragraph (8) of
subdivision (f) of Section 11057 is guilty of a misdemeanor.
   (c) In addition to any fine assessed under subdivision (b), the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates subdivision (a), with the proceeds of this
fine to be used in accordance with Section 1463.23 of the Penal Code.
The court shall, however, take into consideration the defendant's
ability to pay, and no defendant shall be denied probation because of
his or her inability to pay the fine permitted under this
subdivision.

11378.  Except as otherwise provided in Article 7 (commencing with
Section 4211) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who possesses for sale any controlled
substance which is (1) classified in Schedule III, IV, or V and which
is not a narcotic drug, except subdivision (g) of Section 11056, (2)
specified in subdivision (d) of Section 11054, except paragraphs
(13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3)
specified in paragraph (11) of subdivision (c) of Section 11056, (4)
specified in paragraph (2) or (3) of subdivision (f) of Section
11054, or (5) specified in subdivision (d), (e), or (f), except
paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of
paragraph (2) of subdivision (f), of Section 11055, shall be punished
by imprisonment in the state prison.

11378.5.  Except as otherwise provided in Article 7 (commencing with
Section 4211) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who possesses for sale phencyclidine
or any analog or any precursor of phencyclidine which is specified in
paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or
in paragraph (3) of subdivision (e) or in subdivision (f), except
subparagraph (A) of paragraph (1) of subdivision (f), of Section
11055, shall be punished by imprisonment in the state prison for a
period of three, four, or five years.

11379.  (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 any controlled substance which is (1) classified in
Schedule III, IV, or V and which is not a narcotic drug, except
subdivision (g) of Section 11056, (2) specified in subdivision (d) of
Section 11054, except paragraphs (13), (14), (15), (20), (21), (22),
and (23) of subdivision (d), (3) specified in paragraph (11) of
subdivision (c) of Section 11056, (4) specified in paragraph (2) or
(3) of subdivision (f) of Section 11054, or (5) specified in
subdivision (d) or (e), except paragraph (3) of subdivision (e), or
specified in subparagraph (A) of paragraph (1) 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 in the state prison for a period of
two, three, or four 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 in the state
prison for three, six, or nine years.

11379.2.  Except as otherwise provided in Article 7 (commencing with
Section 4211) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who possesses for sale or sells any
controlled substance specified in subdivision (g) of Section 11056
shall be punished by imprisonment in the county jail for a period of
not more than one year or in the state prison.

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 in the
state prison 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 in the state
prison for three, six, or nine years.

11379.6.  (a) Except as otherwise provided by law, every person who
manufactures, compounds, converts, produces, derives, processes, or
prepares, either directly or indirectly by chemical extraction or
independently by means of chemical synthesis, any controlled
substance specified in Section 11054, 11055, 11056, 11057, or 11058
shall be punished by imprisonment in the state prison for three,
five, or seven years and by a fine not exceeding fifty thousand
dollars ($50,000).
   (b) Except when an enhancement pursuant to Section 11379.7 is pled
and proved, the fact that a person under 16 years of age resided in
a structure in which a violation of this section involving
methamphetamine occurred shall be considered a factor in aggravation
by the sentencing court.
   (c) Except as otherwise provided by law, every person who offers
to perform an act which is punishable under subdivision (a) shall be
punished by imprisonment in the state prison for three, four, or five
years.
   (d) All fines collected pursuant to subdivision (a) shall be
transferred to the State Treasury for deposit in the Clandestine Drug
Lab Clean-up Account, as established by Section 5 of Chapter 1295 of
the Statutes of 1987. The transmission to the State Treasury shall
be carried out in the same manner as fines collected for the state by
the county.

11379.7.  (a) Except as provided in subdivision (b), any person
convicted of a violation of subdivision (a) of Section 11379.6 or
Section 11383, or of an attempt to violate subdivision (a) of Section
11379.6 or Section 11383, as those sections relate to
methamphetamine or phencyclidine, when the commission or attempted
commission of the crime occurs in a structure where any child under
16 years of age is present, shall, in addition and consecutive to the
punishment prescribed for the felony of which he or she has been
convicted, be punished by an additional term of two years in the
state prison.
   (b) Any person convicted of a violation of subdivision (a) of
Section 11379.6 or Section 11383, or of an attempt to violate
subdivision (a) of Section 11379.6 or Section 11383, as those
sections relate to methamphetamine or phencyclidine, where the
commission of the crime causes any child under 16 years of age to
suffer great bodily injury, shall, in addition and consecutive to the
punishment prescribed for the felony of which he or she has been
convicted, be punished by an additional term of five years in the
state prison.
   (c) As used in this section, "structure" means any house,
apartment building, shop, warehouse, barn, building, vessel, railroad
car, cargo container, motor vehicle, housecar, trailer, trailer
coach, camper, mine, floating home, or other enclosed structure
capable of holding a child and manufacturing equipment.
   (d) As used in this section, "great bodily injury" has the same
meaning as defined in Section 12022.7 of the Penal Code.

11379.8.  (a) Any person convicted of a violation of subdivision (a)
of Section 11379.6, or of a conspiracy to violate subdivision (a) of
Section 11379.6, with respect to any substance containing a
controlled substance which is specified in paragraph (21), (22), or
(23) of subdivision (d) of Section 11054, or in paragraph (1) or (2)
of subdivision (d) or in paragraph (3) of subdivision (e) or in
paragraph (2) of subdivision (f) of Section 11055 shall receive an
additional term as follows:
   (1) Where the substance exceeds three gallons of liquid by volume
or one pound of solid substances by weight, the person shall receive
an additional term of three years.
   (2) Where the substance exceeds 10 gallons of liquid by volume or
three pounds of solid substance by weight, the person shall receive
an additional term of five years.
   (3) Where the substance exceeds 25 gallons of liquid by volume or
10 pounds of solid substance by weight, the person shall receive an
additional term of 10 years.
   (4) Where the substance exceeds 105 gallons of liquid by volume or
44 pounds of solid substance by weight, the person shall receive an
additional term of 15 years.
   In computing the quantities involved in this subdivision, plant or
vegetable material seized shall not be included.
   (b) The additional terms provided in this section shall not be
imposed unless the allegation that the controlled substance exceeds
the amounts provided in this section is charged in the accusatory
pleading and admitted or found to be true by the trier of fact.
   (c) The additional terms provided in this section shall be in
addition to any other punishment provided by law.
   (d) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
this section if it determines that there are circumstances in
mitigation of the additional punishment and states on the record its
reasons for striking the additional punishment.
   (e) The conspiracy enhancements provided for in this section shall
not be imposed unless the trier of fact finds that the defendant
conspirator was substantially involved in the direction or
supervision of, or in a significant portion of the financing of, the
underlying offense.

11379.9.  (a) Except as provided by Section 11379.7, any person
convicted of a violation of, or of an attempt to violate, subdivision
(a) of Section 11379.6 or Section 11383, as those sections relate to
methamphetamine or phencyclidine, when the commission or attempted
commission of the offense causes the death or great bodily injury of
another person other than an accomplice, shall, in addition and
consecutive to any other punishment authorized by law, be punished by
an additional term of one year in the state prison for each death or
injury.
   (b) Nothing in this section shall preclude prosecution under both
this section and Section 187, 192, or 12022.7, or any other provision
of law. However, a person who is punished under another provision of
law for causing death or great bodily injury as described in
subdivision (a) shall not receive an additional term of imprisonment
under this section.

11380.  (a) Every person 18 years of age or over who violates any
provision of this chapter involving controlled substances which are
(1) classified in Schedule III, IV, or V and which are not narcotic
drugs or (2) specified in subdivision (d) of Section 11054, except
paragraphs (13), (14), (15), and (20) of subdivision (d), specified
in paragraph (11) of subdivision (c) of Section 11056, specified in
paragraph (2) or (3) or subdivision (f) of Section 11054, or
specified in subdivision (d), (e), or (f) of Section 11055, by the
use of a minor as agent, who solicits, induces, encourages, or
intimidates any minor with the intent that the minor shall violate
any provision of this article involving those controlled substances
or who unlawfully furnishes, offers to furnish, or attempts to
furnish those controlled substances to a minor shall be punished by
imprisonment in the state prison for a period of three, six, or nine
years.
   (b) Nothing in this section applies to a registered pharmacist
furnishing controlled substances pursuant to a prescription.

11380.1.  (a) Notwithstanding any other provision of law, any person
18 years of age or over who is convicted of a violation of Section
11380, in addition to the punishment imposed for that conviction,
shall receive an additional punishment as follows:
   (1) If the offense involved phencyclidine (PCP), methamphetamine,
lysergic acid diethylamide (LSD), or any analog of these substances
and occurred upon the grounds of, or within, a church or synagogue, a
playground, a public or private youth center, a child day care
facility, or a public swimming pool, during hours in which the
facility is open for business, classes, or school-related programs,
or at any time when minors are using the facility, the defendant
shall, as a full and separately served enhancement to any other
enhancement provided in paragraph (3), be punished by imprisonment in
the state prison for one year.
   (2) If the offense involved phencyclidine (PCP), methamphetamine,
lysergic acid diethylamide (LSD), or any analog of these substances
and occurred upon, or within 1,000 feet of, the grounds of any public
or private elementary, vocational, junior high school, or high
school, during hours that the school is open for classes or
school-related programs, or at any time when minors are using the
facility where the offense occurs, the defendant shall, as a full and
separately served enhancement to any other enhancement provided in
paragraph (3), be punished by imprisonment in the state prison for
two years.
   (3) If the offense involved a minor who is at least four years
younger than the defendant, the defendant shall, as a full and
separately served enhancement to any other enhancement provided in
this subdivision, be punished by imprisonment in the state prison for
one, two, or three years, at the discretion of the court.
   (b) The additional punishment provided in this section shall not
be imposed unless the allegation is charged in the accusatory
pleading and admitted by the defendant or found to be true by the
trier of fact.
   (c) The additional punishment provided in this section shall be in
addition to any other punishment provided by law and shall not be
limited by any other provision of law.
   (d) Notwithstanding any other provision of law, the court may
strike the additional punishment provided for in this section if it
determines that there are circumstances in mitigation of the
additional punishment and states on the record its reasons for
striking the additional punishment.
   (e) The definitions contained in subdivision (e) of Section
11353.1 shall apply to this section.
   (f) This section does not require either that notice be posted
regarding the proscribed conduct or that the applicable 1,000-foot
boundary limit be marked.

11380.7.  (a) Notwithstanding any other provision of law, any person
who is convicted of trafficking in heroin, cocaine, cocaine base,
methamphetamine, or phencyclidine (PCP), or of a conspiracy to commit
trafficking in heroin, cocaine, cocaine base, methamphetamine, or
phencyclidine (PCP), in addition to the punishment imposed for the
conviction, shall be imprisoned in the state prison for an additional
one year if the violation occurred upon the grounds of, or within
1,000 feet of, a drug treatment center, detoxification facility, or
homeless shelter.
   (b) (1) The additional punishment provided in this section shall
not be imposed unless the allegation is charged in the accusatory
pleading and admitted by the defendant or found to be true by the
trier of fact.
   (2) The additional punishment provided in this section shall not
be imposed if any other additional punishment is imposed pursuant to
Section 11353.1, 11353.5, 11353.6, 11353.7, or 11380.1.
   (c) Notwithstanding any other provision of law, the court may
strike the additional punishment provided for in this section if it
determines that there are circumstances in mitigation of the
additional punishment and states on the record its reasons for
striking the additional punishment. In determining whether or not to
strike the additional punishment, the court shall consider the
following factors and any relevant factors in aggravation or
mitigation in Rules 4.421 and 4.423 of the California Rules of Court.
   (1) The following factors indicate that the court should exercise
its discretion to strike the additional punishment unless these
factors are outweighed by factors in aggravation:
   (A) The defendant is homeless, or is in a homeless shelter or
transitional housing.
   (B) The defendant lacks resources for the necessities of life.
   (C) The defendant is addicted to or dependent on controlled
substances.
   (D) The defendant's motive was merely to maintain a steady supply
of drugs for personal use.
   (E) The defendant was recruited or exploited by a more culpable
person to commit the crime.
   (2) The following factors indicate that the court should not
exercise discretion to strike the additional punishment unless these
factors are outweighed by factors in mitigation:
   (A) The defendant, in committing the crime, preyed on homeless
persons, drug addicts or substance abusers who were seeking
treatment, shelter or transitional services.
   (B) The defendant's primary motive was monetary compensation.
   (C) The defendant induced others, particularly homeless persons,
drug addicts and substance abusers, to become involved in
trafficking.
   (d) For the purposes of this section, the following terms have the
following meanings:
   (1) "Detoxification facility" means any premises, place, or
building in which 24-hour residential nonmedical services are
provided to adults who are recovering from problems related to
alcohol, drug, or alcohol and drug misuse or abuse, and who need
alcohol, drug, or alcohol and drug recovery treatment or
detoxification services.
   (2) "Drug treatment program" or "drug treatment" has the same
meaning set forth in subdivision (b) of Section 1210 of the Penal
Code.
   (3) "Homeless shelter" includes, but is not limited to, emergency
shelter housing, as well as transitional housing, but does not
include domestic violence shelters. "Emergency shelter housing" is
housing with minimal support services for homeless persons in which
residency is limited to six months or less and is not related to the
person's ability to pay. "Transitional housing" means housing with
supportive services, including self-sufficiency development services,
which is exclusively designed and targeted to help recently homeless
persons find permanent housing as soon as reasonably possible,
limits residency to 24 months, and in which rent and service fees are
based on ability to pay.
   (4) "Trafficking" means any of the unlawful activities specified
in Sections 11351, 11351.5, 11352, 11353, 11354, 11378, 11379,
11379.6, and 11380. It does not include simple possession or drug
use.

11381.  As used in this article "felony offense" and offense
"punishable as a felony" refer to an offense for which the law
prescribes imprisonment in the state prison as either an alternative
or the sole penalty, regardless of the sentence the particular
defendant received.

11382.  Every person who agrees, consents, or in any manner offers
to unlawfully sell, furnish, transport, administer, or give any
controlled substance which is (1) classified in Schedule III, IV, or
V and which is not a narcotic drug, or (2) specified in subdivision
(d) of Section 11054, except paragraphs (13), (14), (15), and (20) of
subdivision (d), specified in paragraph (11) of subdivision (c) of
Section 11056, or specified in subdivision (d), (e), or (f) of
Section 11055, to any person, or offers, arranges, or negotiates to
have that controlled substance unlawfully sold, delivered,
transported, furnished, administered, or given to any person and then
sells, delivers, furnishes, transports, administers, or gives, or
offers, or arranges, or negotiates to have sold, delivered,
transported, furnished, administered, or given to any person any
other liquid, substance, or material in lieu of that controlled
substance shall be punished by imprisonment in the county jail for
not more than one year, or in the state prison.

11382.5.  All controlled substances in Schedules I, II, III, IV, and
V, in solid or capsule form, except for such controlled substances
in the possession or inventory of a wholesaler, retailer, or
pharmacist on January 1, 1975, shall not be sold, furnished, or
distributed in this state unless they have on the controlled
substance if in solid form, or on the capsule if in capsule form, an
identifying device, insignia, or mark of the manufacturer of such
controlled substance. However, the exception for such controlled
substances in the possession or inventory of a wholesaler, retailer,
or pharmacist shall not be available to any wholesaler, retailer, or
pharmacist under the control or jurisdiction of a manufacturer of
controlled substances.
   This section shall not apply to a pharmacist who, in accordance
with applicable state law, compounds such controlled substance in the
course of his practice as a pharmacist for direct dispensing by him
upon a prescription of any person licensed to prescribe such
controlled substances.