2005 California Health and Safety Code Sections 11350-11356.5 Formerly Classified as Narcotics

HEALTH AND SAFETY CODE
SECTION 11350-11356.5

11350.  (a) Except as otherwise provided in this division, every
person who possesses (1) any controlled substance specified in
subdivision (b) or (c), or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) any controlled substance classified in Schedule III,
IV, or V which is a narcotic drug, unless upon the written
prescription of a physician, dentist, podiatrist, or veterinarian
licensed to practice in this state, shall be punished by imprisonment
in the state prison.
   (b) Except as otherwise provided in this division, every person
who possesses any controlled substance specified in subdivision (e)
of Section 11054 shall be punished by imprisonment in the county jail
for not more than one year or in the state prison.
   (c) Except as otherwise provided in this division, whenever a
person who possesses any of the controlled substances specified in
subdivision (a) or (b), the judge may, in addition to any punishment
provided for pursuant to subdivision (a) or (b), assess against that
person a fine not to exceed seventy dollars ($70) with 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.
   (d) Except in unusual cases in which it would not serve the
interest of justice to do so, whenever a court grants probation
pursuant to a felony conviction under this section, in addition to
any other conditions of probation which may be imposed, the following
conditions of probation shall be ordered:
   (1) For a first offense under this section, a fine of at least one
thousand dollars ($1,000) or community service.
   (2) For a second or subsequent offense under this section, a fine
of at least two thousand dollars ($2,000) or community service.
   (3) If a defendant does not have the ability to pay the minimum
fines specified in paragraphs (1) and (2), community service shall be
ordered in lieu of the fine.
11351.  Except as otherwise provided in this division, every person
who possesses for sale or purchases for purposes of sale (1) any
controlled substance specified in subdivision (b), (c), or (e) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) any controlled substance classified in Schedule III,
IV, or V which is a narcotic drug, shall be punished by imprisonment
in the state prison for two, three, or four years.
11351.5.  Except as otherwise provided in this division, every
person who possesses for sale or purchases for purposes of sale
cocaine base which is specified in paragraph (1) of subdivision (f)
of Section 11054, shall be punished by imprisonment in the state
prison for a period of three, four, or five years.
11352.  (a) Except as otherwise provided in this division, 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 (1) any controlled substance specified
in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f)
of Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) any controlled substance classified in Schedule III,
IV, or V which is a narcotic drug, unless upon the written
prescription of a physician, dentist, podiatrist, or veterinarian
licensed to practice in this state, shall be punished by imprisonment
in the state prison for 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.
11352.1.  (a) The Legislature hereby declares that the dispensing
and furnishing of prescription drugs, controlled substances, and
dangerous drugs or dangerous devices without a license poses a
significant threat to the health, safety, and welfare of all persons
residing in the state.  It is the intent of the Legislature in
enacting this provision to enhance the penalties attached to this
illicit and dangerous conduct.
   (b) Notwithstanding Section 4321 of the Business and Professions
Code, and in addition to any other penalties provided by law, any
person who knowingly and unlawfully dispenses or furnishes a
dangerous drug or dangerous device, or any material represented as,
or presented in lieu of, any dangerous drug or dangerous device, as
defined in Section 4022 of the Business and Professions Code, or who
knowingly owns, manages, or operates a business that dispenses or
furnishes a dangerous drug or dangerous device or any material
represented as, or presented in lieu of, any dangerous drug or
dangerous device, as defined in Section 4022 of the Business and
Professions Code without a license to dispense or furnish these
products, shall be guilty of a misdemeanor.  Upon the first
conviction, each violation shall be punishable by imprisonment in a
county jail not to exceed one year, or by a fine not to exceed five
thousand dollars ($5,000), or by both that fine and imprisonment.
Upon a second or subsequent conviction, each violation shall be
punishable by imprisonment in a county jail not to exceed one year,
or by a fine not to exceed ten thousand dollars ($10,000), or by both
that fine and imprisonment.
11352.5.  The court shall impose a fine not exceeding fifty thousand
dollars ($50,000), in the absence of a finding that the defendant
would be incapable of paying such a fine, in addition to any term of
imprisonment provided by law for any of the following persons:
   (1) Any person who is convicted of violating Section 11351 of the
Health and Safety Code by possessing for sale 14.25 grams or more of
a substance containing heroin.
   (2) Any person who is convicted of violating Section 11352 of the
Health and Safety Code by selling or offering to sell 14.25 grams or
more of a substance containing heroin.
   (3) Any person convicted of violating Section 11351 of the Health
and Safety Code by possessing heroin for sale or convicted of
violating Section 11352 of the Health and Safety Code by selling or
offering to sell heroin, and who has one or more prior convictions
for violating Section 11351 or Section 11352 of the Health and Safety
Code.
11353.  Every person 18 years of age or over, (a) who in any
voluntary manner solicits, induces, encourages, or intimidates any
minor with the intent that the minor shall violate any provision of
this chapter or Section 11550 with respect to either (1) a controlled
substance which is specified in subdivision (b), (c), or (e), or
paragraph (1) of subdivision (f) of Section 11054, specified in
paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or
specified in subdivision (b) or (c) of Section 11055, or specified
in subdivision (h) of Section 11056, or (2) any controlled substance
classified in Schedule III, IV, or V which is a narcotic drug, (b)
who hires, employs, or uses a minor to unlawfully transport, carry,
sell, give away, prepare for sale, or peddle any such controlled
substance, or (c) who unlawfully sells, furnishes, administers,
gives, or offers to sell, furnish, administer, or give, any such
controlled substance to a minor, shall be punished by imprisonment in
the state prison for a period of three, six, or nine years.
11353.1.  (a) Notwithstanding any other provision of law, any person
18 years of age or over who is convicted of a violation of Section
11353, in addition to the punishment imposed for that conviction,
shall receive an additional punishment as follows:
   (1) If the offense involved heroin, cocaine, cocaine base, 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 heroin, cocaine, cocaine base, 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, 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) As used in this section the following definitions shall apply:
   (1) "Playground" means any park or recreational area specifically
designed to be used by children which has play equipment installed,
including public grounds designed for athletic activities such as
baseball, football, soccer, or basketball, or any similar facility
located on public or private school grounds, or on city, county, or
state parks.
   (2) "Youth center" means any public or private facility that is
primarily used to host recreational or social activities for minors,
including, but not limited to, private youth membership organizations
or clubs, social service teenage club facilities, video arcades, or
similar amusement park facilities.
   (3) "Video arcade" means any premises where 10 or more video game
machines or devices are operated, and where minors are legally
permitted to conduct business.
   (4) "Video game machine" means any mechanical amusement device,
which is characterized by the use of a cathode ray tube display and
which, upon the insertion of a coin, slug, or token in any slot or
receptacle attached to, or connected to, the machine, may be operated
for use as a game, contest, or amusement.
   (5) "Within 1,000 feet of the grounds of any public or private
elementary, vocational, junior high, or high school" means any public
area or business establishment where minors are legally permitted to
conduct business which is located within 1,000 feet of any public or
private elementary, vocational, junior high, or high school.
   (6) "Child day care facility" has the meaning specified in Section
1596.750.
   (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.
11353.4.  (a) Any person 18 years of age or older who is convicted
for a second or subsequent time of violating Section 11353, as that
section applies to paragraph (1) of subdivision (f) of Section 11054,
where the previous conviction resulted in a prison sentence, shall,
as a full and separately served enhancement to the punishment imposed
for that second or subsequent conviction of Section 11353, be
punished by imprisonment in the state prison for one, two, or three
years.
   (b) If the second or subsequent violation of Section 11353, as
described in subdivision (a), involved a minor who is 14 years of age
or younger, the defendant shall, as a full and separately served
enhancement to any other enhancement provided in this section, be
punished by imprisonment in the state prison for one, two, or three
years, at the discretion of the court.
   (c) 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.
   (d) 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.
   (e) 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.
11353.5.  Except as authorized by law, any person 18 years of age or
older who unlawfully prepares for sale upon school grounds or a
public playground, a child day care facility, a church, or a
synagogue, or sells or gives away a controlled substance, other than
a controlled substance described in Section 11353 or 11380, to a
minor upon the grounds of, or within, any school, child day care
facility, public playground, church, or synagogue providing
instruction in preschool, kindergarten, or any of grades 1 to 12,
inclusive, or providing child care services, during hours in which
those facilities are open for classes, school-related programs, or
child care, or at any time when minors are using the facility where
the offense occurs, or upon the grounds of a public playground during
the hours in which school-related programs for minors are being
conducted, or at any time when minors are using the facility where
the offense occurs, shall be punished by imprisonment in the state
prison for five, seven, or nine years.  Application of this section
shall be limited to persons at least five years older than the minor
to whom he or she prepares for sale, sells, or gives away a
controlled substance.
11353.6.  (a) This section shall be known, and may be cited, as the
Juvenile Drug Trafficking and Schoolyard Act of 1988.
   (b) Any person 18 years of age or over who is convicted of a
violation of Section 11351.5, 11352, or 11379.6, as those sections
apply to paragraph (1) of subdivision (f) of Section 11054, or of
Section 11351, 11352, or 11379.6, as those sections apply to
paragraph (11) of subdivision (c) of Section 11054, or of Section
11378, 11379, or 11379.6, as those sections apply to paragraph (2) of
subdivision (d) of Section 11055, or of a conspiracy to commit one
of those offenses, where the violation takes place upon the grounds
of, or within 1,000 feet of, a public or private elementary,
vocational, junior high, 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, shall receive
an additional punishment of 3, 4, or 5 years at the court's
discretion.
   (c) Any person 18 years of age or older who is convicted of a
violation pursuant to subdivision (b) which involves a minor who is
at least four years younger than that person, as a full and
separately served enhancement to that provided in subdivision (b),
shall be punished by imprisonment in the state prison for 3, 4, or 5
years at the court's discretion.
   (d) The additional terms provided in this section shall not be
imposed unless the allegation is charged in the accusatory pleading
and admitted or found to be true by the trier of fact.
   (e) The additional terms 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.
   (f) 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.
   (g) "Within 1,000 feet of a public or private elementary,
vocational, junior high, or high school" means any public area or
business establishment where minors are legally permitted to conduct
business which is located within 1,000 feet of any public or private
elementary, vocational, junior high, or high school.
11353.7.  Except as authorized by law, and except as provided
otherwise in Sections 11353.1, 11353.6, and 11380.1 with respect to
playgrounds situated in a public park, any person 18 years of age or
older who unlawfully prepares for sale in a public park, including
units of the state park system and state vehicular recreation areas,
or sells or gives away a controlled substance to a minor under the
age of 14 years in a public park,  including units of the state park
system and state vehicular recreation areas, during hours in which
the public park, including units of the state park system and state
vehicular recreation areas, is open for use, with knowledge that the
person is a minor under the age of 14 years, shall be punished by
imprisonment in the state prison for three, six, or nine years.
11354.  (a) Every person under the age of 18 years who in any
voluntary manner solicits, induces, encourages, or intimidates any
minor with the intent that the minor shall violate any provision of
this chapter or Section 11550, who hires, employs, or uses a minor to
unlawfully transport, carry, sell, give away, prepare for sale, or
peddle (1) any controlled substance specified in subdivision (b),
(c), or (e), or paragraph (1) of subdivision (f) of Section 11054,
specified in paragraph (14), (15), or (20) of subdivision (d) of
Section 11054, or specified in subdivision (b) or (c) of Section
11055, or specified in subdivision (h) of Section 11056, or (2) any
controlled substance classified in Schedule III, IV, or V which is a
narcotic drug, or who unlawfully sells, furnishes, administers,
gives, or offers to sell, furnish, administer, or give, any such
controlled substance to a minor shall be punished by imprisonment in
the state prison.
   (b) This section is not intended to affect the jurisdiction of the
juvenile court.
11355.  Every person who agrees, consents, or in any manner offers
to unlawfully sell, furnish, transport, administer, or give (1) any
controlled substance specified in subdivision (b), (c), or (e), or
paragraph (1) of subdivision (f) of Section 11054, specified in
paragraph (13), (14), (15), or (20) of subdivision (d) of Section
11054, or specified in subdivision (b) or (c) of Section 11055, or
specified in subdivision (h) of Section 11056, or (2) any controlled
substance classified in Schedule III, IV, or V which is a narcotic
drug to any person, or who offers, arranges, or negotiates to have
any such controlled substance unlawfully sold, delivered,
transported, furnished, administered, or given to any person and who
then sells, delivers, furnishes, transports, administers, or gives,
or offers, arranges, or negotiates to have sold, delivered,
transported, furnished, administered, or given to any person any
other liquid, substance, or material in lieu of any such controlled
substance shall be punished by imprisonment in the county jail for
not more than one year, or in the state prison.
11356.  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.
11356.5.  (a) Any person convicted of a violation of Section 11351,
11352, 11379.5, or 11379.6 insofar as the latter section relates to
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, who, as part of
the transaction for which he or she was convicted, has induced
another to violate Section 11351, 11352, 11379.5, or 11379.6 insofar
as the latter section relates to phencyclidine or its analogs, shall
be punished as follows:
   (1) By an additional one year in prison if the value of the
controlled substance involved in the transaction for which the person
was convicted exceeds five hundred thousand dollars ($500,000).
   (2) By an additional two years in prison if the value of the
controlled substance involved in the transaction for which the person
was convicted exceeds two million dollars ($2,000,000).
   (3) By an additional three years in prison if the value of the
controlled substance involved in the transaction for which the person
was convicted exceeds five million dollars ($5,000,000).
   (b) For purposes of this section, "value of the controlled
substance" means the retail price to the user.


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