2010 California Code
Health and Safety Code
Chapter 1. General Provisions And Definitions

HEALTH AND SAFETY CODE
SECTION 11000-11033



11000.  This division shall be known as the "California Uniform
Controlled Substances Act."



11001.  Unless the context otherwise requires, the definitions in
this chapter govern the construction of this division.



11002.  "Administer" means the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any other
means, to the body of a patient for his immediate needs or to the
body of a research subject by any of the following:
   (a) A practitioner or, in his presence, by his authorized agent.
   (b) The patient or research subject at the direction and in the
presence of the practitioner.



11003.  "Agent" means an authorized person who acts on behalf of or
at the direction of a manufacturer, distributor, or dispenser. It
does not include a common or contract carrier, public warehouseman,
or employee of the carrier or warehouseman.



11004.  "Attorney General" means the Attorney General of the State
of California.



11005.  "Board of Pharmacy" means the California State Board of
Pharmacy.


11006.5.  "Concentrated cannabis" means the separated resin, whether
crude or purified, obtained from marijuana.



11007.  "Controlled substance," unless otherwise specified, means a
drug, substance, or immediate precursor which is listed in any
schedule in Section 11054, 11055, 11056, 11057, or 11058.



11008.  "Customs broker" means a person in this state who is
authorized to act as a broker for any of the following:
   (a) A person in this state who is licensed to sell, distribute, or
otherwise possess any controlled substance.
   (b) A person in any other state who ships any controlled substance
into this state.
   (c) A person in this state or any other state who ships or
transfers any controlled substance through this state.



11009.  "Deliver" or "delivery" means the actual, constructive, or
attempted transfer from one person to another of a controlled
substance, whether or not there is an agency relationship.



11010.  "Dispense" means to deliver a controlled substance to an
ultimate user or research subject by or pursuant to the lawful order
of a practitioner, including the prescribing, furnishing, packaging,
labeling, or compounding necessary to prepare the substance for that
delivery.


11011.  "Dispenser" means a practitioner who dispenses.



11012.  "Distribute" means to deliver other than by administering or
dispensing a controlled substance.



11013.  "Distributor" means a person who distributes. The term
distributor also includes warehousemen handling or storing controlled
substances and customs brokers.



11014.  "Drug" means (a) substances recognized as drugs in the
official United States Pharmacopoeia, official Homeopathic
Pharmacopoeia of the United States, or official National Formulary,
or any supplement to any of them; (b) substances intended for use in
the diagnosis, cure, mitigation, treatment, or prevention of disease
in man or animals; (c) substances (other than food) intended to
affect the structure or any function of the body of man or animals;
and (d) substances intended for use as a component of any article
specified in subdivision (a), (b), or (c) of this section. It does
not include devices or their components, parts, or accessories.




11014.5.  (a) "Drug paraphernalia" means all equipment, products and
materials of any kind which are designed for use or marketed for
use, in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling, or otherwise
introducing into the human body a controlled substance in violation
of this division. It includes, but is not limited to:
   (1) Kits designed for use or marketed for use in planting,
propagating, cultivating, growing, or harvesting of any species of
plant which is a controlled substance or from which a controlled
substance can be derived.
   (2) Kits designed for use or marketed for use in manufacturing,
compounding, converting, producing, processing, or preparing
controlled substances.
   (3) Isomerization devices designed for use or marketed for use in
increasing the potency of any species of plant which is a controlled
substance.
   (4) Testing equipment designed for use or marketed for use in
identifying, or in analyzing the strength, effectiveness, or purity
of controlled substances.
   (5) Scales and balances designed for use or marketed for use in
weighing or measuring controlled substances.
   (6) Containers and other objects designed for use or marketed for
use in storing or concealing controlled substances.
   (7) Hypodermic syringes, needles, and other objects designed for
use or marketed for use in parenterally injecting controlled
substances into the human body.
   (8) Objects designed for use or marketed for use in ingesting,
inhaling, or otherwise introducing marijuana, cocaine, hashish, or
hashish oil into the human body, such as:
   (A) Carburetion tubes and devices.
   (B) Smoking and carburetion masks.
   (C) Roach clips, meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand.
   (D) Miniature cocaine spoons, and cocaine vials.
   (E) Chamber pipes.
   (F) Carburetor pipes.
   (G) Electric pipes.
   (H) Air-driven pipes.
   (I) Chillums.
   (J) Bongs.
   (K) Ice pipes or chillers.
   (b) For the purposes of this section, the phrase "marketed for use"
means advertising, distributing, offering for sale, displaying for
sale, or selling in a manner which promotes the use of equipment,
products, or materials with controlled substances.
   (c) In determining whether an object is drug paraphernalia, a
court or other authority may consider, in addition to all other
logically relevant factors, the following:
   (1) Statements by an owner or by anyone in control of the object
concerning its use.
   (2) Instructions, oral or written, provided with the object
concerning its use for ingesting, inhaling, or otherwise introducing
a controlled substance into the human body.
   (3) Descriptive materials accompanying the object which explain or
depict its use.
   (4) National and local advertising concerning its use.
   (5) The manner in which the object is displayed for sale.
   (6) Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products.
   (7) Expert testimony concerning its use.
   (d) If any provision of this section or the application thereof to
any person or circumstance is held invalid, it is the intent of the
Legislature that the invalidity shall not affect other provisions or
applications of the section which can be given effect without the
invalid provision or application and to this end the provisions of
this section are severable.



11015.  "Federal bureau" means the Drug Enforcement Administration
of the United States Department of Justice, or its successor agency.



11016.  "Furnish" has the same meaning as provided in Section 4048.5
of the Business and Professions Code.



11017.  "Manufacturer" has the same meaning as provided in Section
4034 of the Business and Professions Code.



11018.  "Marijuana" means all parts of the plant Cannabis sativa L.,
whether growing or not; the seeds thereof; the resin extracted from
any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds or resin.
It does not include the mature stalks of the plant, fiber produced
from the stalks, oil or cake made from the seeds of the plant, any
other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination.


11019.  "Narcotic drug" means any of the following, whether produced
directly or indirectly by extraction from substances of vegetable
origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis:
   (a) Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate.
   (b) Any salt, compound, isomer, or derivative, whether natural or
synthetic, of the substances referred to in subdivision (a), but not
including the isoquinoline alkaloids of opium.
   (c) Opium poppy and poppy straw.
   (d) Coca leaves and any salt, compound, derivative, or preparation
of coca leaves, but not including decocainized coca leaves or
extractions of coca leaves which do not contain cocaine or ecgonine.
   (e) Cocaine, whether natural or synthetic, or any salt, isomer,
derivative, or preparation thereof.
   (f) Ecgonine, whether natural or synthetic, or any salt, isomer,
derivative, or preparation thereof.
   (g) Acetylfentanyl, the thiophene analog thereof, derivatives of
either, and any salt, compound, isomer, or preparation of
acetylfentanyl or the thiophene analog thereof.



11020.  "Opiate" means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable
of conversion into a drug having addiction-forming or
addiction-sustaining liability. It does not include, unless
specifically designated as controlled under Chapter 2 (commencing
with Section 11053) of this division, the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does
include its racemic and levorotatory forms.



11021.  "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.



11022.  "Person" means individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership, limited liability company, or association, or any other
legal entity.


11023.  "Pharmacy" has the same meaning as provided in Section 4035
of the Business and Professions Code.



11024.  "Physician," "dentist," "podiatrist," "pharmacist,"
"veterinarian," and "optometrist" means persons who are licensed to
practice their respective professions in this state.



11025.  "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing.



11026.  "Practitioner" means any of the following:
   (a) A physician, dentist, veterinarian, podiatrist, or pharmacist
acting within the scope of a project authorized under Article 1
(commencing with Section 128125) of Chapter 3 of Part 3 of Division
107, a registered nurse acting within the scope of a project
authorized under Article 1 (commencing with Section 128125) of
Chapter 3 of Part 3 of Division 107, a certified nurse-midwife acting
within the scope of Section 2746.51 of the Business and Professions
Code, a nurse practitioner acting within the scope of Section 2836.1
of the Business and Professions Code, or a physician assistant acting
within the scope of a project authorized under Article 1 (commencing
with Section 128125) of Chapter 3 of Part 3 of Division 107 or
Section 3502.1 of the Business and Professions Code, or an
optometrist acting within the scope of Section 3041 of the Business
and Professions Code.
   (b) A pharmacy, hospital, or other institution licensed,
registered, or otherwise permitted to distribute, dispense, conduct
research with respect to, or to administer, a controlled substance in
the course of professional practice or research in this state.
   (c) A scientific investigator, or other person licensed,
registered, or otherwise permitted, to distribute, dispense, conduct
research with respect to, or administer, a controlled substance in
the course of professional practice or research in this state.




11027.  (a) "Prescription" means an oral order or electronic
transmission prescription for a controlled substance given
individually for the person(s) for whom prescribed, directly from the
prescriber to the furnisher or indirectly by means of a written
order of the prescriber.
   (b) "Electronic transmission prescription" includes both image and
data prescriptions. "Electronic image transmission prescription" is
any prescription order for which a facsimile of the order is received
by a pharmacy from a licensed prescriber. "Electronic data
transmission prescription" is any prescription order, other than an
electronic image transmission prescription, which is electronically
transmitted from a licensed prescriber to a pharmacy.



11029.  "Production" includes the manufacture, planting,
cultivation, growing, or harvesting of a controlled substance.



11029.5.  "Security printer" means a person approved to produce
controlled substance prescription forms pursuant to Section 11161.5.



11030.  "Ultimate user" means a person who lawfully possesses a
controlled substance for his own use or for the use of a member of
his household or for administering to an animal owned by him or by a
member of his household.


11031.  "Wholesaler" has the same meaning as provided in Section
4038 of the Business and Professions Code.



11032.  Whenever reference is made to the term "narcotics" in any
provision of law outside of this division, unless otherwise expressly
provided, it shall be construed to mean controlled substances
classified in Schedules I and II, as defined in this division.
Whenever reference is made to "restricted dangerous drugs" outside of
this division, unless otherwise expressly provided, it shall be
construed to mean controlled substances classified in Schedules III
and IV. Whenever reference is made to the term "marijuana" in any
provision of law outside of this division, unless otherwise expressly
provided, it shall be construed to mean marijuana as defined in this
division.



11033.  As used in this division, except as otherwise defined, the
term "isomer" includes optical and geometrical (diastereomeric)
isomers.

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