Will you cite you sources so that we all can read the text that you derived this answer from. I am not trying to undermined you. I am just trying to do my own independent research on this so that i know exactly what I am talking about when asked a question about this.
here you go brother ask and you shall recieve. it is the actual bill complete and un edited for your review.
ASSEMBLY BILL No. 390
Introduced by Assembly Member Ammiano
February23, 2009
An act to add Section 22394.1 to, and to add Chapter 14.5
(commencing with Section 25400) to Division 9 of, the Business and
Professions Code, to amend Section 68152 of the Government Code,
to amend Sections 11014.5, 11054, 11357, 11364.5, 11370, 11470,
11479, 11488, 11532, 11703, and 11705 of, to add Division 10.3
(commencing with Section 11720) to, and to repeal Sections 11358,
11359, 11360, 11361, and 11485 of, the Health and Safety Code, to
add Part 14.6 (commencing with Section 34001) to Division 2 of the
Revenue and Taxation Code, to amend Sections 23222 and 40000.15
of the Vehicle Code, and to amend Section 18901.3 of the Welfare and
Institutions Code, relating to marijuana.
legislative counsel
s digest
AB390, as introduced, Ammiano. Marijuana Control, Regulation,
and Education Act.
Existing state law provides that every person who possesses, sells,
transports, or cultivates marijuana, concentrated cannabis, or derivatives
of marijuana, except as authorized by law, is guilty of one or more
crimes.
This bill would remove marijuana and its derivatives from existing
statutes defining and regulating controlled substances. It would instead
legalize the possession, sale, cultivation, and other conduct relating to
marijuana and its derivatives by persons 21 years of age and older,
except as specified. It would set up a wholesale and retail marijuana
sales regulation program, including special fees to fund drug abuse
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prevention programs, as specified, to commence after regulations
concerning the program have been issued, and federal law permits
possession and sale consistent with the program. It would ban local and
state assistance in enforcing inconsistent federal and other laws relating
to marijuana, and would provide specified infraction penalties for
violations of these new marijuana laws and regulations, as specified. It
would make other conforming changes.
By creating various infractions for violations of regulations and laws
created by this act, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
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SECTION 1. It is the intent of the Legislature in enacting this,
the Marijuana Control, Regulation, and Education Act, to do all
of the following:
(a) To legalize marijuana and its derivatives.
(b) To remove all existing civil and criminal penalties for adults
21 years of age or older who cultivate, possess, transport, sell, or
use marijuana, without impacting existing laws proscribing
dangerous activities while under the influence of marijuana, or
certain conduct that exposes younger persons to marijuana.
(c) To ensure that the proper regulatory apparatus for marijuana
sale and cultivation is ready when permitted by the federal
government.
(d) To raise funds and to discourage substance abuse by the
imposition of a substantial fee on the legal sale of marijuana, the
proceeds of which will support drug education and awareness.
(e) To impose a set of regulations and laws concerning marijuana
comparable to those imposed on alcohol.
(f) To impose substantial fines for violations of the
noncommercial regulations and laws concerning marijuana, which
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will be applicable until and after commercial marijuana is available
by virtue of future changes in federal law.
(g) To prevent state and local agencies from supporting any
prosecution for federal or other crimes relating to marijuana that
are inconsistent with those provided in this bill.
(h) To exclude from the fees and regulations imposed by this
act marijuana that is for uses other than smoking or ingestion, and
to exclude medicinal marijuana from fees under these provisions.
(i) To encourage the federal government to reconsider its
policies concerning marijuana, and to change its laws accordingly.
SEC. 2. Section 23394.1 is added to the Business and
Professions Code, to read:
23394.1. An off-sale general license, as provided for in Section
23394, also authorizes the sale, to consumers only and not for
resale, of marijuana, concentrated cannabis, or any of its derivatives
pursuant to the provisions of Chapter 14.5 (commencing with
Section 25400) of this division.
SEC. 3. Chapter 14.5 (commencing with Section 25400) is
added to Division 9 of the Business and Professions Code, to read:
Chapter 14.5. Commercial Marijuana Production and
Sale
25400. For purposes of this chapter, 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;
concentrated cannabis; 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
that is incapable of germination.
25401. (a) The department shall license commercial cultivators
of marijuana. The fee for the license shall be set at an amount that
will reasonably cover to costs of assuring compliance with the
regulations to be issued, but may not exceed five thousand dollars
($5,000) for an initial application, or two thousand five hundred
dollars ($2,500) per year for each annual renewal.
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(b) Regulations adopted by the department pursuant to this
chapter shall require background checks of applicants be conducted.
At the request of the department, the Attorney General or any local
agency shall provide summary criminal history information to the
department as provided in Sections 11105 and 13300 of the Penal
Code.
25402. The department shall, with consideration for the risks
posed by cultivation of a valuable crop with public health
implications that is subject to significant fees, issue and enforce
regulations concerning commercial cultivators of marijuana that
provide for all of the following:
(a) Adequate security to reasonably protect against unauthorized
access to the marijuana crop at all stages of cultivation, harvesting,
drying, processing, packing, and delivery to licensed sales outlets
or wholesalers. Each licensee shall be required to provide a detailed
crop security plan, along with satisfactory proof of the financial
ability of the licensee to provide for that security.
(b) Appropriate employment rules, including the rule that a
person under 21 years of age may not have access to marijuana
during cultivation, storage, drying, packing, or at any other time.
(c) Safeguards to assure that a person under 21 years of age may
not transport marijuana on behalf of a commercial buyer or
commercial seller.
(d) Restrictions to ensure that marijuana is not used or consumed
on the premises of a commercial cultivator.
(e) An inspection and tracking system to reasonably ensure that
all marijuana produced by the cultivator that is eventually sold is
assessed pursuant to Part 14.6 (commencing with Section 34001)
of Division 2 of the Revenue and Taxation Code.
(f) Recordkeeping consistent with the regulatory needs of the
department.
25403. (a) The department shall license marijuana wholesalers,
who shall be allowed to package and prepare marijuana for sale,
and who shall be authorized to sell marijuana to licensed sales
outlets. The fee for the license shall be set in an amount that will
reasonably cover the costs of compliance with the regulations to
be issued, but may not exceed five thousand dollars ($5,000) for
an initial application, or two thousand five hundred dollars ($2,500)
per year for each annual renewal.
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(b) The department shall issue regulations that include a
requirement that all applicants for licensure receive background
checks. At the request of the department, the Attorney General or
any local agency shall provide summary criminal history
information to the department as provided in Sections 11105 and
13300 of the Penal Code.
25404. The department shall, with consideration for the risks
posed by a valuable commodity with public health implications
that is subject to significant fees, issue and enforce regulations
concerning the sale and packaging of marijuana by wholesale
licensees. Those regulations shall provide for all of the following:
(a) Adequate security to reasonably protect against unauthorized
access to marijuana at all stages of the wholesalers possession of
the marijuana, including receiving, processing, packing, storage,
and delivery to licensed sales outlets. Each wholesaler shall be
required to provide a detailed product security plan, along with
satisfactory proof of the financial ability of the licensee to provide
for that security.
(b) Appropriate employment rules, including the rule that a
person under 21 years of age may not have access to marijuana
during receiving, processing, packing, storage, and delivery or at
any other time.
(c) Safeguards to assure that a person under 21 years of age may
not transport marijuana on behalf of a commercial buyer or
commercial seller.
(d) Restrictions to ensure that marijuana is not used or consumed
on the premises of a wholesaler.
(e) An inspection and tracking system to reasonably ensure that
all marijuana received by the wholesaler that is eventually sold is
assessed pursuant to Part 14.6 (commencing with Section 34001)
of Division 2 of the Revenue and Taxation Code.
(f) Recordkeeping consistent with the regulatory needs of the
department.
25405. The department shall issue and enforce regulations
concerning the sale of marijuana by off-sale general licensees.
Those regulations shall provide for all of the following:
(a) An inspection and tracking system to ensure that marijuana
may not be sold by a licensee if that marijuana has not been made
subject to an assessment provided for in Part 14.6 (commencing
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with Section 34001) of Division 2 of the Revenue and Taxation
Code.
(b) Marijuana shall be kept behind a counter in an area not
directly accessible to any customer, and shall be stored in a case
that is locked between sales.
(c) Marijuana may not be sold to anyone under 21 years of age.
(d) Punishments for violations in actions against licensees that
are in substantial accord with those applicable to the regulation of
alcohol sales, including heavy penalties for permitting persons
under 21 years of age to purchase these products and other
appropriate regulatory provisions concerning such matters as the
time of sale, deliveries, and signage. It is the intent of the people
in enacting this act that the regulation of marijuana sales be
consistent with the statutory guidance regarding alcohol sales in
Chapter 16 (commencing with Section 25600), to the extent that
consistency is feasible.
(e) Recordkeeping consistent with the regulatory needs of the
department.
25406. Beginning 30 days after the operative date of the
regulations issued pursuant to this chapter, or 30 days after the
date when federal law permits the possession and sale of marijuana
consistent with this chapter, whichever is latest, the department
shall begin to enforce the provisions of this chapter.
SEC. 4. Section 68152 of the Government Code is amended
to read:
68152. The trial court clerk may destroy court records under
Section 68153 after notice of destruction and if there is no request
and order for transfer of the records, except the comprehensive
historical and sample superior court records preserved for research
under the California Rules of Court, when the following times
have expired after final disposition of the case in the categories
listed:
(a) Adoption: retain permanently.
(b) Change of name: retain permanently.
(c) Other civil actions and proceedings, as follows:
(1) Except as otherwise specified: 10 years.
(2) Where a party appears by a guardian ad litem: 10 years after
termination of the courts jurisdiction.
(3) Domestic violence: same period as duration of the restraining
or other orders and renewals, then retain the restraining or other
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orders as a judgment; 60 days after expiration of the temporary
protective or temporary restraining order.
(4) Eminent domain: retain permanently.
(5) Family law, except as otherwise specified: 30 years.
(6) Harassment: same period as duration of the injunction and
renewals, then retain the injunction as a judgment; 60 days after
expiration of the temporary restraining order.
(7) Mental health (Lanterman Developmental Disabilities
Services Act and Lanterman-Petris-Short Act): 30 years.
(
Paternity: retain permanently.
(9) Petition, except as otherwise specified: 10 years.
(10) Real property other than unlawful detainer: retain
permanently if the action affects title or an interest in real property.
(11) Small claims: 10 years.
(12) Unlawful detainer: one year if judgment is for possession
of the premises; 10 years if judgment is for money.
(d) Notwithstanding subdivision (c), any civil or small claims
case in the trial court:
(1) Involuntarily dismissed by the court for delay in prosecution
or failure to comply with state or local rules: one year.
(2) Voluntarily dismissed by a party without entry of judgment:
one year.
Notation of the dismissal shall be made on the civil index of
cases or on a separate dismissal index.
(e) Criminal.
(1) Capital felony (murder with special circumstances where
the prosecution seeks the death penalty): retain permanently. If
the charge is disposed of by acquittal or a sentence less than death,
the case shall be reclassified.
(2) Felony, except as otherwise specified: 75 years.
(3) Felony, except capital felony, with court records from the
initial complaint through the preliminary hearing or plea and for
which the case file does not include final sentencing or other final
disposition of the case because the case was bound over to the
superior court: five years.
(4) Misdemeanor, except as otherwise specified: five years.
(5) Misdemeanor alleging a violation of the Vehicle Code,
except as otherwise specified: three years.
(6) Misdemeanor alleging a violation of Section 23103, 23152,
or 23153 of the Vehicle Code: 10 years.
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(7) Misdemeanor alleging a violation of Section 14601, 14601.1,
20002, 23104, 23105, 23109, or 23109.1 of the Vehicle Code: five
years.
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Misdemeanor alleging a marijuana violation under
subdivision (b), (c), (d), or (e) (a) or (b) of Section 11357 of the
Health and Safety Code, or subdivision (b) of Section 11360 of
the Health and Safety Code in accordance with the procedure set
forth in Section 11361.5 of the Health and Safety Code: records
shall be destroyed two years from the date of conviction or from
the date of arrest if no conviction.
(9) Misdemeanor, infraction, or civil action alleging a violation
of the regulation and licensing of dogs under Sections 30951 to
30956, inclusive, of the Food and Agricultural Code or violation
of any other local ordinance: three years.
(10) Misdemeanor action resulting in a requirement that the
defendant register as a sex offender pursuant to Section 290 of the
Penal Code: 75 years. This paragraph shall apply to records relating
to a person convicted on or after September 20, 2006.
(11) Infraction, except as otherwise specified: three years.
(12) Parking infractions, including alleged violations under the
stopping, standing, and parking provisions set forth in Chapter 9
(commencing with Section 22500) of Division 11 of the Vehicle
Code: two years.
(f) Habeas corpus: same period as period for retention of the
records in the underlying case category.
(g) Juvenile.
(1) Dependent (Section 300 of the Welfare and Institutions
Code): upon reaching age 28 or on written request shall be released
to the juvenile five years after jurisdiction over the person has
terminated under subdivision (a) of Section 826 of the Welfare
and Institutions Code. Sealed records shall be destroyed upon court
order five years after the records have been sealed pursuant to
subdivision (c) of Section 389 of the Welfare and Institutions Code.
(2) Ward (Section 601 of the Welfare and Institutions Code):
upon reaching age 21 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed under subdivision (d) of Section
781 of the Welfare and Institutions Code.
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(3) Ward (Section 602 of the Welfare and Institutions Code):
upon reaching age 38 under subdivision (a) of Section 826 of the
Welfare and Institutions Code. Sealed records shall be destroyed
upon court order when the subject of the record reaches the age
of 38 under subdivision (d) of Section 781 of the Welfare and
Institutions Code.
(4) Traffic and some nontraffic misdemeanors and infractions
(Section 601 of the Welfare and Institutions Code): upon reaching
age 21 or five years after jurisdiction over the person has terminated
under subdivision (c) of Section 826 of the Welfare and Institutions
Code. May be microfilmed or photocopied.
(5) Marijuana misdemeanor under subdivision (e) (b) of Section
11357 of the Health and Safety Code in accordance with procedures
specified in subdivision (a) of Section 11361.5 of the Health and
Safety Code: upon reaching age 18 the records shall be destroyed.
(h) Probate.
(1) Conservatorship: 10 years after decree of termination.
(2) Guardianship: 10 years after the age of 18.
(3) Probate, including probated wills, except as otherwise
specified: retain permanently.
(i) Court records of the appellate division of the superior court:
five years.
(j) Other records.
(1) Applications in forma pauperis: any time after the disposition
of the underlying case.
(2) Arrest warrant: same period as period for retention of the
records in the underlying case category.
(3) Bench warrant: same period as period for retention of the
records in the underlying case category.
(4) Bond: three years after exoneration and release.
(5) Coroners inquest report: same period as period for retention
of the records in the underlying case category; if no case, then
permanent.
(6) Court orders not associated with an underlying case, such
as orders for destruction of court records for telephone taps, or to
destroy drugs, and other miscellaneous court orders: three years.
(7) Court reporter notes: 10 years after the notes have been taken
in criminal and juvenile proceedings and five years after the notes
have been taken in all other proceedings, except notes reporting
proceedings in capital felony cases (murder with special
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circumstances where the prosecution seeks the death penalty and
the sentence is death), including notes reporting the preliminary
hearing, which shall be retained permanently, unless the Supreme
Court on request of the court clerk authorizes the destruction.
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Electronic recordings made as the official record of the oral
proceedings under the California Rules of Court: any time after
final disposition of the case in infraction and misdemeanor
proceedings, 10 years in all other criminal proceedings, and five
years in all other proceedings.
(9) Electronic recordings not made as the official record of the
oral proceedings under the California Rules of Court: any time
either before or after final disposition of the case.
(10) Index, except as otherwise specified: retain permanently.
(11) Index for cases alleging traffic violations: same period as
period for retention of the records in the underlying case category.
(12) Judgments within the jurisdiction of the superior court
other than in a limited civil case, misdemeanor case, or infraction
case: retain permanently.
(13) Judgments in misdemeanor cases, infraction cases, and
limited civil cases: same period as period for retention of the
records in the underlying case category.
(14) Minutes: same period as period for retention of the records
in the underlying case category.
(15) Naturalization index: retain permanently.
(16) Ninety-day evaluation (under Section 1203.03 of the Penal
Code): same period as period for retention of the records in the
underlying case category, or period for completion or termination
of probation, whichever is longer.
(17) Register of actions or docket: same period as period for
retention of the records in the underlying case category, but in no
event less than 10 years for civil and small claims cases.
(1
Search warrant: 10 years, except search warrants issued in
connection with a capital felony case defined in paragraph (7),
which shall be retained permanently.
(k) Retention of the court records under this section shall be
extended as follows:
(1) By order of the court on its own motion, or on application
of a party or an interested member of the public for good cause
shown and on those terms as are just. A fee shall not be charged
for making the application.
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(2) Upon application and order for renewal of the judgment to
the extended time for enforcing the judgment.
SEC. 5. Section 11014.5 of the Health and Safety Code is
amended to read:
11014.5. (a) Drug paraphernalia means all equipment,
products, and materials of any kind which that 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.
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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.
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(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.
SEC. 6. Section 11054 of the Health and Safety Code is
amended to read:
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11054. (a) The controlled substances listed in this section are
included in Schedule I.
(b) Opiates. Unless specifically excepted or unless listed in
another schedule, any of the following opiates, including their
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers
whenever the existence of those isomers, esters, ethers, and salts
is possible within the specific chemical designation:
(1) Acetylmethadol.
(2) Allylprodine.
(3) Alphacetylmethadol (except levoalphacetylmethadol, also
known as levo-alpha- acetylmethadol, levomethadyl acetate, or
LAAM).
(4) Alphameprodine.
(5) Alphamethadol.
(6) Benzethidine.
(7) Betacetylmethadol.
(
Betameprodine.
(9) Betamethadol.
(10) Betaprodine.
(11) Clonitazene.
(12) Dextromoramide.
(13) Diampromide.
(14) Diethylthiambutene.
(15) Difenoxin.
(16) Dimenoxadol.
(17) Dimepheptanol.
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Dimethylthiambutene.
(19) Dioxaphetyl butyrate.
(20) Dipipanone.
(21) Ethylmethylthiambutene.
(22) Etonitazene.
(23) Etoxeridine.
(24) Furethidine.
(25) Hydroxypethidine.
(26) Ketobemidone.
(27) Levomoramide.
(2
Levophenacylmorphan.
(29) Morpheridine.
(30) Noracymethadol.
(31) Norlevorphanol.
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(32) Normethadone.
(33) Norpipanone.
(34) Phenadoxone.
(35) Phenampromide.
(36) Phenomorphan.
(37) Phenoperidine.
(3
Piritramide.
(39) Proheptazine.
(40) Properidine.
(41) Propiram.
(42) Racemoramide.
(43) Tilidine.
(44) Trimeperidine.
(45) Any substance which contains any quantity of
acetylfentanyl (N-[1-phenethyl-4-piperidinyl] acetanilide) or a
derivative thereof.
(46) Any substance which contains any quantity of the thiophene
analog of acetylfentanyl (N-[1-[2-(2-thienyl)ethyl]-4-piperidinyl]
acetanilide) or a derivative thereof.
(47) 1-Methyl-4-Phenyl-4-Propionoxypiperidine (MPPP).
(4
1-(2-Phenethyl)-4-Phenyl-4-Acetyloxypiperidine (PEPAP).
(c) Opium derivatives. Unless specifically excepted or unless
listed in another schedule, any of the following opium derivatives,
its salts, isomers, and salts of isomers whenever the existence of
those salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(1) Acetorphine.
(2) Acetyldihydrocodeine.
(3) Benzylmorphine.
(4) Codeine methylbromide.
(5) Codeine-N-Oxide.
(6) Cyprenorphine.
(7) Desomorphine.
(
Dihydromorphine.
(9) Drotebanol.
(10) Etorphine (except hydrochloride salt).
(11) Heroin.
(12) Hydromorphinol.
(13) Methyldesorphine.
(14) Methyldihydromorphine.
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(15) Morphine methylbromide.
(16) Morphine methylsulfonate.
(17) Morphine-N-Oxide.
(1
Myrophine.
(19) Nicocodeine.
(20) Nicomorphine.
(21) Normorphine.
(22) Pholcodine.
(23) Thebacon.
(d) Hallucinogenic substances. Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture,
or preparation, which contains any quantity of the following
hallucinogenic substances, or which contains any of its salts,
isomers, and salts of isomers whenever the existence of those salts,
isomers, and salts of isomers is possible within the specific
chemical designation (for purposes of this subdivision only, the
term isomer includes the optical, position, and geometric
isomers):
(1) 4-bromo-2,5-dimethoxy-amphetamineSome trade or other
names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
4-bromo-2,5-DMA.
(2) 2,5-dimethoxyamphetamineSome trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA.
(3) 4-methoxyamphetamineSome trade or other names:
4-methoxy-alpha-methylphenethylamine,
paramethoxyamphetamine, PMA.
(4) 5-methoxy-3,4-methylenedioxy-amphetamine.
(5) 4-methyl-2,5-dimethoxy-amphetamineSome trade or other
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine;
DOM; and STP.
(6) 3,4-methylenedioxy amphetamine.
(7) 3,4,5-trimethoxy amphetamine.
(
BufotenineSome trade or other names:
3-(beta-dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5 indolol; N,N-dimethylserolonin,
5-hydroxy-N,N-dimethyltryptamine; mappine.
(9) DiethyltryptamineSome trade or other names:
N,N-Diethyltryptamine; DET.
(10) DimethyltryptamineSome trade or other names: DMT.
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(11) IbogaineSome trade or other names: 7-Ethyl-6,6beta,
7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido
[1,2:1,2] azepino [5,4-b] indole; Tabernantheiboga.
(12) Lysergic acid diethylamide.
(13) Marijuana.
(14) Mescaline.
(15) PeyoteMeaning all parts of the plant presently classified
botanically as Lophophora williamsii Lemaire, whether growing
or not, the seeds thereof, any extract from any part of the plant,
and every compound, manufacture, salts, derivative, mixture, or
preparation of the plant, its seeds or extracts (interprets 21 U.S.C.
Sec. 812(c), Schedule 1(c)(12)).
(16) N-ethyl-3-piperidyl benzilate.
(17) N-methyl-3-piperidyl benzilate.
(1
Psilocybin.
(19) Psilocyn.
(20) Tetrahydrocannabinols Synthetic tetrahydrocannabinols
not derived from cannabis plants. Synthetic equivalents of the
substances contained in the plant, or in the resinous extractives of
Cannabis, sp. and/or synthetic substances, derivatives, and their
isomers with similar chemical structure and pharmacological
activity such as the following: delta 1 cis or trans
tetrahydrocannabinol, and their optical isomers; delta 6 cis or trans
tetrahydrocannabinol, and their optical isomers; delta 3,4 cis or
trans tetrahydrocannabinol, and its optical isomers.
(Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of
numerical designation of atomic positions covered).
(21) Ethylamine analog of phencyclidineSome trade or other
names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine,
PCE.
(22) Pyrrolidine analog of phencyclidineSome trade or other
names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCP, PHP.
(23) Thiophene analog of phencyclidineSome trade or other
names: 1-[1-(2 thienyl)-cyclohexyl]-piperidine, 2-thienyl analog
of phencyclidine, TPCP, TCP.
(e) Depressants. Unless specifically excepted or unless listed
in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following substances
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having a depressant effect on the central nervous system, including
its salts, isomers, and salts of isomers whenever the existence of
those salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(1) Mecloqualone.
(2) Methaqualone.
(3) Gamma hydroxybutyric acid (also known by other names
such as GHB; gamma hydroxy butyrate; 4-hydroxybutyrate;
4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate),
including its immediate precursors, isomers, esters, ethers, salts,
and salts of isomers, esters, and ethers, including, but not limited
to, gammabutyrolactone, for which an application has not been
approved under Section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. Sec. 355).
(f) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a
stimulant effect on the central nervous system, including its
isomers:
(1) Cocaine base.
(2) Fenethylline, including its salts.
(3) N-Ethylamphetamine, including its salts.
SEC. 7. Section 11357 of the Health and Safety Code is
amended to read:
11357. (a) Except as authorized by law, every person who
possesses any concentrated cannabis shall be punished by
imprisonment in the county jail for a period of not more than one
year or by a fine of not more than five hundred dollars ($500), or
by both such fine and imprisonment, or shall be punished by
imprisonment in the state prison.
(b) Except as authorized by law, every person who possesses
not more than 28.5 grams of marijuana, other than concentrated
cannabis, is guilty of a misdemeanor and shall be punished by a
fine of not more than one hundred dollars ($100). Notwithstanding
other provisions of law, if such person has been previously
convicted three or more times of an offense described in this
subdivision during the two-year period immediately preceding the
date of commission of the violation to be charged, the previous
convictions shall also be charged in the accusatory pleading and,
if found to be true by the jury upon a jury trial or by the court upon
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a court trial or if admitted by the person, the provisions of Sections
1000.1 and 1000.2 of the Penal Code shall be applicable to him,
and the court shall divert and refer him for education, treatment,
or rehabilitation, without a court hearing or determination or the
concurrence of the district attorney, to an appropriate community
program which will accept him. If the person is so diverted and
referred he shall not be subject to the fine specified in this
subdivision. If no community program will accept him, the person
shall be subject to the fine specified in this subdivision. In any
case in which a person is arrested for a violation of this subdivision
and does not demand to be taken before a magistrate, such person
shall be released by the arresting officer upon presentation of
satisfactory evidence of identity and giving his written promise to
appear in court, as provided in Section 853.6 of the Penal Code,
and shall not be subjected to booking.
(c) Except as authorized by law, every person who possesses
more than 28.5 grams of marijuana, other than concentrated
cannabis, shall be punished by imprisonment in the county jail for
a period of not more than six months or by a fine of not more than
five hundred dollars ($500), or by both such fine and imprisonment.
(d)
11357. (a) Except as authorized by law, every person 18 years
of age or over who possesses not more than 28.5 grams of
marijuana, other than or concentrated cannabis, upon the grounds
of, or within, any school providing instruction in kindergarten or
any of grades 1 through 12 during hours the school is open for
classes or school-related programs is guilty of a misdemeanor and
shall be punished by a fine of not more than five hundred dollars
($500), or by imprisonment in the county jail for a period of not
more than 10 days, or both.
(e)
(b) Except as authorized by law, every person under the age of
18 who possesses not more than 28.5 grams of marijuana, other
than or concentrated cannabis, upon the grounds of, or within, any
school providing instruction in kindergarten or any of grades 1
through 12 during hours the school is open for classes or
school-related programs is guilty of a misdemeanor and shall be
subject to the following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250),
upon a finding that a first offense has been committed.
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(2) A fine of not more than five hundred dollars ($500), or
commitment to a juvenile hall, ranch, camp, forestry camp, or
secure juvenile home for a period of not more than 10 days, or
both, upon a finding that a second or subsequent offense has been
committed.
SEC. 8. Section 11358 of the Health and Safety Code is
repealed.
11358. Every person who plants, cultivates, harvests, dries, or
processes any marijuana or any part thereof, except as otherwise
provided by law, shall be punished by imprisonment in the state
prison.
SEC. 9. Section 11359 of the Health and Safety Code is
repealed.
11359. Every person who possesses for sale any marijuana,
except as otherwise provided by law, shall be punished by
imprisonment in the state prison.
SEC. 10. Section 11360 of the Health and Safety Code is
repealed.
11360. (a) Except as otherwise provided by this section or as
authorized by law, 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
marijuana shall be punished by imprisonment in the state prison
for a period of two, three or four years.
(b) Except as authorized by law, every person who gives away,
offers to give away, transports, offers to transport, or attempts to
transport not more than 28.5 grams of marijuana, other than
concentrated cannabis, is guilty of a misdemeanor and shall be
punished by a fine of not more than one hundred dollars ($100).
In any case in which a person is arrested for a violation of this
subdivision and does not demand to be taken before a magistrate,
such person shall be released by the arresting officer upon
presentation of satisfactory evidence of identity and giving his
written promise to appear in court, as provided in Section 853.6
of the Penal Code, and shall not be subjected to booking.
SEC. 11. Section 11361 of the Health and Safety Code is
repealed.
11361. (a) Every person 18 years of age or over who hires,
employs, or uses a minor in unlawfully transporting, carrying,
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selling, giving away, preparing for sale, or peddling any marijuana,
who unlawfully sells, or offers to sell, any marijuana to a minor,
or who furnishes, administers, or gives, or offers to furnish,
administer, or give any marijuana to a minor under 14 years of
age, or who induces a minor to use marijuana in violation of law
shall be punished by imprisonment in the state prison for a period
of three, five, or seven years.
(b) Every person 18 years of age or over who furnishes,
administers, or gives, or offers to furnish, administer, or give, any
marijuana to a minor 14 years of age or older shall be punished
by imprisonment in the state prison for a period of three, four, or
five years.
SEC. 12. Section 11364.5 of the Health and Safety Code is
amended to read:
11364.5. (a) Except as authorized by law, no person shall
maintain or operate any place of business in which drug
paraphernalia is kept, displayed or offered in any manner, sold,
furnished, transferred or given away unless such drug paraphernalia
is completely and wholly kept, displayed or offered within a
separate room or enclosure to which persons under the age of 18
years not accompanied by a parent or legal guardian are excluded.
Each entrance to such a room or enclosure shall be signposted in
reasonably visible and legible words to the effect that drug
paraphernalia is kept, displayed or offered in such room or
enclosure and that minors, unless accompanied by a parent or legal
guardian, are excluded.
(b) Except as authorized by law, no owner, manager, proprietor
or other person in charge of any room or enclosure, within any
place of business, in which drug paraphernalia is kept, displayed
or offered in any manner, sold, furnished, transferred or given
away shall permit or allow any person under the age of 18 years
to enter, be in, remain in or visit such room or enclosure unless
such minor person is accompanied by one of his or her parents or
by his or her legal guardian.
(c) Unless authorized by law, no person under the age of 18
years shall enter, be in, remain in or visit any room or enclosure
in any place of business in which drug paraphernalia is kept,
displayed or offered in any manner, sold, furnished, transferred or
given away unless accompanied by one of his or her parents or by
his or her legal guardian.
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(d) As used in this section, drug paraphernalia means all
equipment, products, and materials of any kind which are intended
for use or designed 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. Drug paraphernalia includes, but is not limited to, all
of the following:
(1) Kits intended for use or designed 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 intended for use or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing
controlled substances.
(3) Isomerization devices intended for use or designed for use
in increasing the potency of any species of plant which is a
controlled substance.
(4) Testing equipment intended for use or designed for use in
identifying, or in analyzing the strength, effectiveness or purity of
controlled substances.
(5) Scales and balances intended for use or designed for use in
weighing or measuring controlled substances.
(6) Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose, and lactose, intended for use or
designed for use in cutting controlled substances.
(7) Separation gins and sifters intended for use or designed for
use in removing twigs and seeds from, or in otherwise cleaning or
refining, marijuana.
(
(7) Blenders, bowls, containers, spoons, and mixing devices
intended for use or designed for use in compounding controlled
substances.
(9)
(
Capsules, balloons, envelopes, and other containers intended
for use or designed for use in packaging small quantities of
controlled substances.
(10)
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(9) Containers and other objects intended for use or designed
for use in storing or concealing controlled substances.
(11)
(10) Hypodermic syringes, needles, and other objects intended
for use or designed for use in parenterally injecting controlled
substances into the human body.
(12)
(11) Objects intended for use or designed for use in ingesting,
inhaling, or otherwise introducing marijuana, cocaine, hashish, or
hashish oil into the human body, such as the following:
(A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes with or without screens, permanent screens, hashish heads,
or punctured metal bowls.
(B) Water pipes.
(C) Carburetion tubes and devices.
(D) Smoking and carburetion masks.
(E) 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.
(F) Miniature cocaine spoons, and cocaine vials.
(G) Chamber pipes.
(H) Carburetor pipes.
(I) Electric pipes.
(J) Air-driven pipes.
(K) Chillums.
(L) Bongs.
(M) Ice pipes or chillers.
(e) 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) Prior convictions, if any, of an owner, or of anyone in control
of the object, under any state or federal law relating to any
controlled substance.
(3) Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons whom
he or she knows, or should reasonably know, intend to use the
object to facilitate a violation of this section. The innocence of an
owner, or of anyone in control of the object, as to a direct violation
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of this section shall not prevent a finding that the object is intended
for use, or designed for use, as drug paraphernalia.
(4) Instructions, oral or written, provided with the object
concerning its use.
(5) Descriptive materials, accompanying the object which
explain or depict its use.
(6) National and local advertising concerning its use.
(7) The manner in which the object is displayed for sale.
(
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 or marijuana products.
(9) The existence and scope of legitimate uses for the object in
the community.
(10) Expert testimony concerning its use.
(f) This section shall not apply to any of the following:
(1) Any pharmacist or other authorized person who sells or
furnishes drug paraphernalia described in paragraph (11) of
subdivision (d) upon the prescription of a physician, dentist,
podiatrist or veterinarian.
(2) Any physician, dentist, podiatrist or veterinarian who
furnishes or prescribes drug paraphernalia described in paragraph
(11) of subdivision (d) to his or her patients.
(3) Any manufacturer, wholesaler or retailer licensed by the
California State Board of Pharmacy to sell or transfer drug
paraphernalia described in paragraph (11) of subdivision (d).
(g) Notwithstanding any other provision of law, including
Section 11374, violation of this section shall not constitute a
criminal offense, but operation of a business in violation of the
provisions of this section shall be grounds for revocation or
nonrenewal of any license, permit, or other entitlement previously
issued by a city, county, or city and county for the privilege of
engaging in such business and shall be grounds for denial of any
future license, permit, or other entitlement authorizing the conduct
of such business or any other business, if the business includes the
sale of drug paraphernalia.
SEC. 13. Section 11370 of the Health and Safety Code is
amended to read:
11370. (a) Any person convicted of violating Section 11350,
11351, 11351.5, 11352, 11353, 11355, 11357, 11359, 11360,
11361, 11363, 11366, or 11368, or of committing any offense
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referred to in those sections, shall not, in any case, be granted
probation by the trial court or have the execution of the sentence
imposed upon him or her suspended by the court, if he or she has
been previously convicted of any offense described in subdivision
(c).
(b) Any person who was 18 years of age or over at the time of
the commission of the offense and is convicted for the first time
of selling, furnishing, administering, or giving a controlled
substance which is (1) specified in subdivision (b), (c), (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 (2) which
is a narcotic drug classified in Schedule III, IV, or V, to a minor
or inducing a minor to use such a controlled substance in violation
of law shall not, in any case, be granted probation by the trial court
or have the execution of the sentence imposed upon him or her
suspended by the court.
(c) Any previous conviction of any of the following offenses,
or of an offense under the laws of another state or of the United
States which, if committed in this state, would have been
punishable as such an offense, shall render a person ineligible for
probation or suspension of sentence pursuant to subdivision (a) of
this section:
(1) Any felony offense described in this division involving a
controlled substance specified in subdivision (b), (c), (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.
(2) Any felony offense described in this division involving a
narcotic drug classified in Schedule III, IV, or V.
(d) The existence of any previous conviction or fact which would
make a person ineligible for suspension of sentence or probation
under this section shall be alleged in the information or indictment,
and either admitted by the defendant in open court, or found to be
true by the jury trying the issue of guilt or by the court where guilt
is established by a plea of guilty or nolo contendere or by trial by
the court sitting without a jury.
SEC. 14. Section 11470 of the Health and Safety Code is
amended to read:
11470. The following are subject to forfeiture:
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(a) All controlled substances which have been manufactured,
distributed, dispensed, or acquired in violation of this division.
(b) All raw materials, products, and equipment of any kind
which are used, or intended for use, in manufacturing,
compounding, processing, delivering, importing, or exporting any
controlled substance in violation of this division.
(c) All property except real property or a boat, airplane, or any
vehicle which is used, or intended for use, as a container for
property described in subdivision (a) or (b).
(d) All books, records, and research products and materials,
including formulas, microfilm, tapes, and data which are used, or
intended for use, in violation of this division.
(e) The interest of any registered owner of a boat, airplane, or
any vehicle other than an implement of husbandry, as defined in
Section 36000 of the Vehicle Code, which has been used as an
instrument to facilitate the manufacture of, or possession for sale
or sale of 14.25 grams or more of heroin or cocaine base as
specified in paragraph (1) of subdivision (f) of Section 11054, or
a substance containing 14.25 grams or more of heroin or cocaine
base as specified in paragraph (1) of subdivision (f) of Section
11054, or 14.25 grams or more of a substance containing heroin
or cocaine base as specified in paragraph (1) of subdivision (f) of
Section 11054, or 28.5 grams or more of Schedule I controlled
substances except marijuana, peyote, or psilocybin; 10 pounds dry
weight or more of marijuana, peyote, or psilocybin; or 28.5 grams
or more of cocaine, as specified in paragraph (6) of subdivision
(b) of Section 11055, or methamphetamine; or a substance
containing 28.5 grams or more of cocaine, as specified in paragraph
(6) of subdivision (b) of Section 11055, or methamphetamine; or
57 grams or more of a substance containing cocaine, as specified
in paragraph (6) of subdivision (b) of Section 11055, or
methamphetamine; or 28.5 grams or more of Schedule II controlled
substances. No interest in a vehicle which may be lawfully driven
on the highway with a class C, class M1, or class M2 license, as
prescribed in Section 12804 of the Vehicle Code, may be forfeited
under this subdivision if there is a community property interest in
the vehicle by a person other than the defendant and the vehicle
is the sole class C, class M1, or class M2 vehicle available to the
defendants immediate family.
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(f) All moneys, negotiable instruments, securities, or other things
of value furnished or intended to be furnished by any person in
exchange for a controlled substance, all proceeds traceable to such
an exchange, and all moneys, negotiable instruments, or securities
used or intended to be used to facilitate any violation of Section
11351, 11351.5, 11352, 11355, 11359, 11360, 11378, 11378.5,
11379, 11379.5, 11379.6, 11380, 11382, or 11383 of this code, or
Section 182 of the Penal Code, or a felony violation of Section
11366.8 of this code, insofar as the offense involves manufacture,
sale, possession for sale, offer for sale, or offer to manufacture, or
conspiracy to commit at least one of those offenses, if the
exchange, violation, or other conduct which is the basis for the
forfeiture occurred within five years of the seizure of the property,
or the filing of a petition under this chapter, or the issuance of an
order of forfeiture of the property, whichever comes first.
(g) The real property of any property owner who is convicted
of violating Section 11366, 11366.5, or 11366.6 with respect to
that property. However, property which is used as a family
residence or for other lawful purposes, or which is owned by two
or more persons, one of whom had no knowledge of its unlawful
use, shall not be subject to forfeiture.
(h) Subject to the requirements of Section 11488.5 and except
as further limited by this subdivision to protect innocent parties
who claim a property interest acquired from a defendant, all right,
title, and interest in any personal property described in this section
shall vest in the state upon commission of the act giving rise to
forfeiture under this chapter, if the state or local governmental
entity proves a violation of Section 11351, 11351.5, 11352, 11355,
11359, 11360, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380,
11382, or 11383 of this code, or Section 182 of the Penal Code,
or a felony violation of Section 11366.8 of this code, insofar as
the offense involves the manufacture, sale, possession for sale,
offer for sale, offer to manufacture, or conspiracy to commit at
least one of those offenses, in accordance with the burden of proof
set forth in paragraph (1) of subdivision (i) of Section 11488.4 or,
in the case of cash or negotiable instruments in excess of
twenty-five thousand dollars ($25,000), paragraph (4) of
subdivision (i) of Section 11488.4.
The operation of the special vesting rule established by this
subdivision shall be limited to circumstances where its application
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will not defeat the claim of any person, including a bona fide
purchaser or encumbrancer who, pursuant to Section 11488.5,
11488.6, or 11489, claims an interest in the property seized,
notwithstanding that the interest in the property being claimed was
acquired from a defendant whose property interest would otherwise
have been subject to divestment pursuant to this subdivision.
SEC. 15. Section 11479 of the Health and Safety Code is
amended to read:
11479. Notwithstanding Sections 11473 and 11473.5, at any
time after seizure by a law enforcement agency of a suspected
controlled substance, that amount in excess of 10 pounds in gross
weight may be destroyed without a court order by the chief of the
law enforcement agency or a designated subordinate. Destruction
shall not take place pursuant to this section until all of the following
requirements are satisfied:
(a) At least five random and representative samples have been
taken, for evidentiary purposes, from the total amount of suspected
controlled substances to be destroyed. These samples shall be in
addition to the 10 pounds required above. When the suspected
controlled substance consists of growing or harvested marijuana
plants, at least one 10 pound sample (which may include stalks,
branches, or leaves) and five representative samples consisting of
leaves or buds shall be retained for evidentiary purposes from the
total amount of suspected controlled substances to be destroyed.
(b) Photographs have been taken which reasonably demonstrate
the total amount of the suspected controlled substance to be
destroyed.
(c) The gross weight of the suspected controlled substance has
been determined, either by actually weighing the suspected
controlled substance or by estimating that weight after dimensional
measurement of the total suspected controlled substance.
(d) The chief of the law enforcement agency has determined
that it is not reasonably possible to preserve the suspected
controlled substance in place, or to remove the suspected controlled
substance to another location. In making this determination, the
difficulty of transporting and storing the suspected controlled
substance to another site and the storage facilities may be taken
into consideration.
Subsequent to any destruction of a suspected controlled substance
pursuant to this section, an affidavit shall be filed within 30 days
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in the court which has jurisdiction over any pending criminal
proceedings pertaining to that suspected controlled substance,
reciting the applicable information required by subdivisions (a),
(b), (c), and (d) together with information establishing the location
of the suspected controlled substance, and specifying the date and
time of the destruction. In the event that there are no criminal
proceedings pending which pertain to that suspected controlled
substance, the affidavit may be filed in any court within the county
which would have jurisdiction over a person against whom those
criminal charges might be filed.
SEC. 16. Section 11485 of the Health and Safety Code is
repealed.
11485. Any peace officer of this state who, incident to a search
under a search warrant issued for a violation of Section 11358 with
respect to which no prosecution of a defendant results, seizes
personal property suspected of being used in the planting,
cultivation, harvesting, drying, processing, or transporting of
marijuana, shall, if the seized personal property is not being held
for evidence or destroyed as contraband, and if the owner of the
property is unknown or has not claimed the property, provide
notice regarding the seizure and manner of reclamation of the
property to any owner or tenant of real property on which the
property was seized. In addition, this notice shall be posted at the
location of seizure and shall be published at least once in a
newspaper of general circulation in the county in which the
property was seized. If, after 90 days following the first publication
of the notice, no owner appears and proves his or her ownership,
the seized personal property shall be deemed to be abandoned and
may be disposed of by sale to the public at public auction as set
forth in Article 1 (commencing with Section 2080) of Chapter 4
of Title 6 of Part 4 of Division 3 of the Civil Code, or may be
disposed of by transfer to a government agency or community
service organization. Any profit from the sale or transfer of the
property shall be expended for investigative services with respect
to crimes involving marijuana.
SEC. 17. Section 11488 of the Health and Safety Code is
amended to read:
11488. (a) Any peace officer of this state, subsequent to
making or attempting to make an arrest for a violation of Section
11351, 11351.5, 11352, 11355, 11359, 11360, 11378, 11378.5,
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11379, 11379.5, 11379.6, or 11382 of this code, or Section 182 of
the Penal Code insofar as the offense involves manufacture, sale,
purchase for the purpose of sale, possession for sale or offer to
manufacture or sell, or conspiracy to commit one of those offenses,
may seize any item subject to forfeiture under subdivisions (a) to
(f), inclusive, of Section 11470. The peace officer shall also notify
the Franchise Tax Board of a seizure where there is reasonable
cause to believe that the value of the seized property exceeds five
thousand dollars ($5,000).
(b) Receipts for property seized pursuant to this section shall
be delivered to any person out of whose possession such property
was seized, in accordance with Section 1412 of the Penal Code.
In the event property seized was not seized out of anyones
possession, receipt for the property shall be delivered to the
individual in possession of the premises at which the property was
seized.
(c) There shall be a presumption affecting the burden of proof
that the person to whom a receipt for property was issued is the
owner thereof. This presumption may, however, be rebutted at the
forfeiture hearing specified in Section 11488.5.
SEC. 18. Section 11532 of the Health and Safety Code is
amended to read:
11532. (a) It is unlawful for any person to loiter in any public
place in a manner and under circumstances manifesting the purpose
and with the intent to commit an offense specified in Chapter 6
(commencing with Section 11350) and Chapter 6.5 (commencing
with Section 11400).
(b) Among circumstances that may be considered in determining
whether a person has the requisite intent to engage in drug-related
activity are that the person:
(1) Acts as a look-out.
(2) Transfers small objects or packages for currency in a furtive
fashion.
(3) Tries to conceal himself or herself or any object that
reasonably could be involved in an unlawful drug-related activity.
(4) Uses signals or language indicative of summoning purchasers
of illegal drugs.
(5) Repeatedly beckons to, stops, attempts to stop, or engages
in conversations with passersby, whether on foot or in a motor
vehicle, indicative of summoning purchasers of illegal drugs.
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(6) Repeatedly passes to or receives from passersby, whether
on foot or in a motor vehicle, money or small objects.
(7) Is under the influence of a controlled substance or possesses
narcotic or drug paraphernalia. For the purposes of this paragraph,
narcotic or drug paraphernalia means any device, contrivance,
instrument, or apparatus designed or marketed for the use of
smoking, injecting, ingesting, or consuming marijuana, hashish,
PCP, or any controlled substance, including, but not limited to,
roach clips, cigarette papers, and rollers designed or marketed for
use in smoking a controlled substance.
(
Has been convicted in any court within this state, within
five years prior to the arrest under this chapter, of any violation
involving the use, possession, or sale of any of the substances
referred to in Chapter 6 (commencing with Section 11350) or
Chapter 6.5 (commencing with Section 11400), or has been
convicted of any violation of those provisions or substantially
similar laws of any political subdivision of this state or of any
other state.
(9) Is currently subject to any order prohibiting his or her
presence in any high drug activity geographic area.
(10) Has engaged, within six months prior to the date of arrest
under this section, in any behavior described in this subdivision,
with the exception of paragraph (
, or in any other behavior
indicative of illegal drug-related activity.
(c) The list of circumstances set forth in subdivision (b) is not
exclusive. The circumstances set forth in subdivision (b) should
be considered particularly salient if they occur in an area that is
known for unlawful drug use and trafficking, or if they occur on
or in premises that have been reported to law enforcement as a
place suspected of unlawful drug activity. Any other relevant
circumstances may be considered in determining whether a person
has the requisite intent. Moreover, no one circumstance or
combination of circumstances is in itself determinative of intent.
Intent must be determined based on an evaluation of the particular
circumstances of each case.
SEC. 19. Section 11703 of the Health and Safety Code is
amended to read:
11703. As used in this division:
(a) Marketing of illegal controlled substances means the
possession for sale, sale, or distribution of a specified illegal
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controlled substance, and shall include all aspects of making such
a controlled substance available, including, but not limited to, its
manufacture.
(b) Individual user of an illegal controlled substance means
the individual whose use of a specified illegal controlled substance
is the basis of an action brought under this division.
(c) Level 1 offense means the possession for sale of less than
four ounces or the sale or furnishing of less than one ounce of a
specified illegal controlled substance, or the cultivation of at least
25 plants but less than 50 plants, the furnishing of more than 28.5
grams, or the possession for sale or sale of up to four pounds, of
marijuana.
(d) Level 2 offense means the possession for sale of four
ounces or more but less than eight ounces of, or the sale or
furnishing of one ounce or more but less than two ounces of, a
specified illegal controlled substance, or the cultivation of at least
50 but less than 75 plants, the possession for sale of four pounds
or more but less than eight pounds, or the sale or furnishing of
more than one pound but less than five pounds, of marijuana.
(e) Level 3 offense means the possession for sale of eight
ounces or more but less than 16 ounces of, or the sale or furnishing
of two ounces or more but less than four ounces of, a specified
illegal controlled substance, or the cultivation of at least 75 but
less than 100 plants, the possession for sale of eight pounds or
more but less than 16 pounds, or the sale or furnishing of more
than five pounds but less than 10 pounds, of marijuana.
(f) Level 4 offense means the possession for sale of 16 ounces
or more of, or the sale or furnishing of four ounces or more of, a
specified illegal controlled substance, or the cultivation of 100
plants or more of, the possession for sale of 16 pounds of, or the
sale or furnishing of more than 10 pounds of, marijuana.
(g) Participate in the marketing of illegal controlled substances
means to transport, import into this state, sell, possess with intent
to sell, furnish, administer, or give away, or offer to transport,
import into this state, sell, furnish, administer, or give away a
specified illegal controlled substance. Participate in the marketing
of illegal controlled substances shall include the manufacturing
of an illegal controlled substance, but shall not include the purchase
or receipt of an illegal controlled substance for personal use only.
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(h) Person means an individual, governmental entity,
corporation, firm, trust, partnership, or incorporated or
unincorporated association, existing under or authorized by the
laws of this state, another state, or a foreign country.
(i) Period of illegal use means, in relation to the individual
user of an illegal controlled substance, the time of the individuals
first illegal use of an illegal controlled substance to the accrual of
the cause of action.
(j) Place of illegal activity means, in relation to the individual
user of an illegal controlled substance, each county in which the
individual illegally possesses or uses an illegal controlled substance
during the period of the individuals use of an illegal controlled
substance.
(k) Place of participation means, in relation to a defendant in
an action brought under this division, each county in which the
person participates in the marketing of illegal controlled substances
during the period of the persons participation in the marketing of
illegal controlled substances.
(l) Specified illegal controlled substance means cocaine,
phencyclidine, heroin, or methamphetamine and any other illegal
controlled substance the manufacture, cultivation, importation into
this state, transportation, possession for sale, sale, furnishing,
administering, or giving away of which is a violation of Section
11351, 11351.5, 11352, 11358, 11359, 11360, 11378.5, 11379.5,
or 11383.
SEC. 20. Section 11705 of the Health and Safety Code is
amended to read:
11705. (a) Any one or more of the following persons may
bring an action for damages caused by an individuals use of an
illegal controlled substance:
(1) A parent, legal guardian, child, spouse, or sibling of the
individual controlled substance user.
(2) An individual who was exposed to an illegal controlled
substance in utero.
(3) An employer of the individual user of an illegal controlled
substance.
(4) A medical facility, insurer, employer, or other
nongovernmental entity that funds a drug treatment program or
employee assistance program for the individual user of an illegal
controlled substance or that otherwise expended money on behalf
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of the individual user of an illegal controlled substance. No public
agency other than a public agency medical facility shall have a
cause of action under this division.
(5) A person injured as a result of the willful, reckless, or
negligent actions of an individual user of an illegal controlled
substance.
(b) A person entitled to bring an action under this section may
seek damages from one or more of the following:
(1) A person who sold, administered, or furnished an illegal
controlled substance to the individual user of the illegal controlled
substance.
(2) A person who knowingly participated in the marketing of
illegal controlled substances, if all of the following apply:
(A) The place of illegal activity by the individual user of an
illegal controlled substance is within the city, city and county, or
unincorporated area of the county in which the defendants place
of participation is situated.
(B) The defendants participation in the marketing of illegal
controlled substances was connected with the same type of
specified illegal controlled substance used by the individual user
of an illegal controlled substance, and the defendant has been
convicted of an offense for that type of specified illegal controlled
substance.
(C) The defendant participated in the marketing of illegal
controlled substances at any time during the period the individual
user of an illegal controlled substance illegally used the controlled
substance.
(D) The underlying offense for the conviction of the specified
illegal controlled substance occurred in the same county as the
individual users place of use.
(c) As used in subdivision (b), knowingly knowingly
participated in the marketing of illegal controlled substances
means a conviction for transporting, importing into this state,
selling, possessing with intent to sell, furnishing, administering,
or giving away, or offering to transport, import into this state, sell,
furnish, administer, or give away a specified illegal controlled
substance or a quantity of marijuana specified in subdivision (e),
(f), (g), or (h) (c), (d), (e), or (f) of Section 11703, which are
separate in time.
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(d) A person entitled to bring an action under this section may
recover all of the following damages:
(1) Economic damages, including, but not limited to, the cost
of treatment and rehabilitation, medical expenses, loss of economic
or educational potential, loss of productivity, absenteeism, support
expenses, accidents or injury, and any other pecuniary loss
proximately caused by the use of an illegal controlled substance.
(2) Noneconomic damages, including, but not limited to,
physical and emotional pain, suffering, physical impairment,
emotional distress, medical anguish, disfigurement, loss of
enjoyment, loss of companionship, services and consortium, and
other nonpecuniary losses proximately caused by an individuals
use of an illegal controlled substance.
(3) Exemplary damages.
(4) Reasonable attorney fees.
(5) Costs of suit, including, but not limited to, reasonable
expenses for expert testimony.
SEC. 21. Division 10.3 (commencing with Section 11720) is
added to the Health and Safety Code, to read:
DIVISION 10.3. MARIJUANA
11720. For purposes of this division, 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;
concentrated cannabis; 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
that is incapable of germination.
11721. It is lawful and not a violation of California law for a
person 21 years of age or older to possess or transport marijuana.
11722. (a) It is lawful and not a violation of California law to
sell marijuana to a person 21 years of age or older as provided in
Chapter 14.5 (commencing with Section 25400) of Division 9 of
the Business and Professions Code. Any sale of marijuana by a
person not licensed as provided therein after the date determined
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by Section 25406 of the Business and Professions Code is a
violation of this division.
(b) Until the date specified by subdivision (a), it is lawful and
not a violation of California law to sell marijuana to a person 21
years of age or older.
11723. (a) It is lawful and not a violation of California law
for a person 21 years of age or older to smoke or ingest marijuana
in ones home, or in any private residence, or upon the grounds of
that home or residence not visible from any public place or
neighboring property, with the consent of a resident 21 years of
age or older.
(b) It is an infraction to smoke or ingest marijuana in a public
place.
11724. (a) It is lawful and not a violation of California law,
except as provided in subdivision (f) of Section 647 of the Penal
Code, or in Section 11729, for a person 21 years of age or older
to be under the influence of marijuana.
11725. It is unlawful for a person not licensed pursuant to
Chapter 14.5 (commencing with Section 25400) of Division 9 of
the Business and Professions Code to cultivate marijuana, except
in compliance with the following requirements:
(a) Marijuana may be cultivated only by persons 21 years of
age or older.
(b) Marijuana may be cultivated only in a location in the home
or yard in which the marijuana is not visible from any public place.
For purposes of this paragraph, public place does not include
air space, or any place from which a viewer would violate the
cultivators legitimate expectation of privacy.
(c) Each person 21 years of age or older may have in cultivation
no more than 10 mature plants at any given time.
(d) A licensed nursery may cultivate seedlings for sale to persons
21 years of age or older, but shall destroy any seedling if it has not
been purchased by a consumer before it reaches maturity.
(e) Aside from the sale of seedlings by a licensed nursery,
marijuana cultivated pursuant to this section may not be sold.
(f) The presence of persons younger than 21 years of age in a
household does not affect the lawfulness of the cultivation of
marijuana under this division.
11726. (a) Unlawful cultivation of marijuana is an infraction,
punishable by a fine of up to one hundred dollars ($100).
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(b) Providing or selling marijuana to, or purchasing or
cultivating marijuana for a person under 21 years of age is an
infraction, punishable by a fine of up to one hundred dollars ($100).
However, this division is not intended to preclude prosecution
under Section 272 of the Penal Code, or any similar provision,
where appropriate.
(c) Possession or use of marijuana by a person under 21 years
of age is an infraction, punishable by a fine of up to one hundred
dollars ($100).
(d) Any other violation of this division is an infraction,
punishable by a fine of up to one hundred dollars ($100).
11727. Notwithstanding any other law, it is lawful and not a
violation of California law to possess, transport, or sell the mature
stalks of the plant Cannabis sativa L., 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, which
is regulated as marijuana), fiber, oil, or cake, or the sterilized seed
of the plant that is incapable of germination.
11728. State or local funds may not be expended on, and state
or local law enforcement or other personnel may not assist in, the
enforcement of any federal or other laws that are inconsistent with
this division, or provide for greater sanctions for conduct prohibited
by this division.
11729. This division may not be construed to affect or limit
any criminal statute that forbids impairment while engaging in
dangerous activities like driving, or that penalizes bringing
marijuana to a school enrolling pupils in kindergarten or any of
grades 1 to 12, inclusive.
11730. This division may not be construed to affect the rights
of employers concerning employees who use marijuana.
SEC. 22. Part 14.6 (commencing with Section 34001) is added
to Division 2 of the Revenue and Taxation Code, to read:
PART 14.6. MARIJUANA FEES
Chapter 1. General Provisions and Definitions
34001. It is the intent of the people in enacting this part to
discourage drug use and to raise revenue for drug education and
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drug awareness programs by enacting a supplemental fee on
marijuana.
34002. This part shall be known and may be cited as the
Marijuana Supplemental Fee Law.
34003. Except where the context otherwise requires, the
definitions set forth in Part 1 (commencing with Section 6001)
govern the construction of this part.
34004. For purposes of this part:
(a) Marijuana includes all marijuana, concentrated cannabis,
and their derivatives, except that marijuana containing less than
one-half of 1 percent tetrahydrocannabinol by weight is not subject
to this supplemental fee. However, no fee shall be imposed under
this part on marijuana used medicinally with a doctors
recommendation as specified in Section 11362.5 of the Health and
Safety Code.
(b) Retailer means any retailer licensed pursuant to Section
23394.1 of the Business and Professions Code who sells marijuana
at retail.
Chapter 2. Imposition of Fee
34011. Until a different fee is determined pursuant to Section
34032 there is hereby imposed a fee of fifty dollars ($50) per ounce
(avoirdupois) for the sale of marijuana sold at retail in this state
on or after the date determined by Section 25406 of the Business
and Professions Code.
Chapter 3. Collection and Administration
34021. To the extent feasible or practicable, the provisions of
Chapter 5 (commencing with Section 6451), Chapter 6
(commencing with Section 6701), Chapter 7 (commencing with
Section 6901), and Chapter 8 (commencing with Section 7051) of
Part 1 shall govern returns and payments, determinations,
collections of fees, overpayments and refunds, and administration
under this part.
34022. The board shall enforce this part and may prescribe,
adopt, and enforce rules and regulations relating to the
administration and enforcement of this part. The board may
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prescribe the extent to which any ruling and regulation shall be
applied without retroactive effect.
Chapter 4.
Disposition of Proceeds and Adjustment of the Fee
34031. Any amount required to be paid to the state under this
part shall be paid to the board in the form of a remittance payable
to the State Board of Equalization. The board shall transmit the
payments to the Treasurer to be deposited in the Drug Abuse
Prevention Supplemental Funding Account, which is hereby created
in the General Fund. Upon appropriation by the Legislature, the
moneys in the fund shall be expended exclusively for drug
education, awareness, and rehabilitation programs under the
jurisdiction of the Department of Alcohol and Drug Programs, or
any successor to that agency.
34032. The fee imposed pursuant to Chapter 2 shall be annually
reviewed by the Department of Alcohol and Drug Programs, or
any successor to that agency, to determine whether a fee less than
that specified in Chapter 2 will provide sufficient resources to
support its drug education, awareness, and rehabilitation programs.
Based on this annual review, the Department of Alcohol and Drug
Programs shall adjust that fee to an amount not to exceed fifty
dollars ($50) per ounce (avoirdupois) of marijuana that is necessary
to fund its drug education, awareness, and rehabilitation programs,
and that amount shall be collected in place of the fee specified in
Chapter 2.
SEC. 23. Section 23222 of the Vehicle Code is amended to
read:
23222. (a) No person shall have in his or her possession on
his or her person, while driving a motor vehicle upon a highway
or on lands, as described in subdivision (b) of Section 23220, any
bottle, can, or other receptacle, containing any alcoholic beverage
which has been opened, or a seal broken, or the contents of which
have been partially removed.
(b) Except as authorized by law, every person who possesses,
while driving a motor vehicle upon a highway or on lands, as
described in subdivision (b) of Section 23220, not more than one
avoirdupois ounce of marijuana, other than concentrated cannabis
as defined by Section 11006.5 of the Health and Safety Code, is
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guilty of a misdemeanor and shall be punished by a fine of not
more than one hundred dollars ($100). Notwithstanding any other
provision of law, if the person has been previously convicted three
or more times of an offense described in this subdivision during
the two-year period immediately preceding the date of commission
of the violation to be charged, the previous convictions shall also
be charged in the accusatory pleading and, if found to be true by
the jury upon a jury trial or by the court upon a court trial or if
admitted by the person, Sections 1000.1 and 1000.2 of the Penal
Code are applicable to the person, and the court shall divert and
refer the person for education, treatment, or rehabilitation, without
a court hearing or determination or the concurrence of the district
attorney, to an appropriate community program which will accept
the person. If the person is so diverted and referred, the person is
not subject to the fine specified in this subdivision. In any case in
which a person is arrested for a violation of this subdivision and
does not demand to be taken before a magistrate, the person shall
be released by the arresting officer upon presentation of satisfactory
evidence of identity and giving his or her written promise to appear
in court, as provided in Section 40500, and shall not be subjected
to booking.
SEC. 24. Section 40000.15 of the Vehicle Code is amended to
read:
40000.15. A violation of any of the following provisions shall
constitute a misdemeanor, and not an infraction:
Subdivision (g), (j), (k), (l), or (m) of Section 22658, relating to
unlawfully towed or stored vehicles.
Sections 23103 and 23104, relating to reckless driving.
Section 23109, relating to speed contests or exhibitions.
Subdivision (a) of Section 23110, relating to throwing at vehicles.
Section 23152, relating to driving under the influence.
Subdivision (b) of Section 23222, relating to possession of
marijuana.
Subdivision (a) or (b) of Section 23224, relating to persons under
21 years of age knowingly driving, or being a passenger in, a motor
vehicle carrying any alcoholic beverage.
Section 23253, relating to directions on toll highways or
vehicular crossings.
Section 23332, relating to trespassing.
Section 24002.5, relating to unlawful operation of a farm vehicle.
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Section 24011.3, relating to vehicle bumper strength notices.
Section 27150.1, relating to sale of exhaust systems.
Section 27362, relating to child passenger seat restraints.
Section 28050, relating to true mileage driven.
Section 28050.5, relating to nonfunctional odometers.
Section 28051, relating to resetting odometers.
Section 28051.5, relating to devices to reset odometers.
Subdivision (d) of Section 28150, relating to possessing four or
more jamming devices.
SEC. 25. Section 18901.3 of the Welfare and Institutions Code
is amended to read:
18901.3. (a) Subject to the limitations of subdivision (b),
pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). A
convicted drug felon shall be eligible to receive food stamps under
this section.
(b) Subdivision (a) does not apply to a person who has been
convicted of unlawfully transporting, importing into this state,
selling, furnishing, administering, giving away, possessing for
sale, purchasing for purposes of sale, manufacturing a controlled
substance, possessing precursors with the intent to manufacture a
controlled substance, or cultivating, harvesting, or processing
marijuana or any part thereof pursuant to Section 11358 of the
Health and Safety Code.
(c) Subdivision (a) does not apply to a person who has been
convicted of unlawfully soliciting, inducing, encouraging, or
intimidating a minor to participate in any activity listed in
subdivision (b).
(d) As a condition of eligibility to receive food stamps pursuant
to subdivision (a), an applicant convicted of a felony drug offense
that is not excluded under subdivision (b) or (c) shall be required
to provide proof of one of the following subsequent to the most
recent drug-related conviction:
(1) Completion of a government-recognized drug treatment
program.
(2) Participation in a government-recognized drug treatment
program.
(3) Enrollment in a government-recognized drug treatment
program.
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(4) Placement on a waiting list for a government-recognized
drug treatment program.
(5) Other evidence that the illegal use of controlled substances
has ceased, as established by State Department of Social Services
regulations.
(e) Notwithstanding the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code), the department may implement
this section through an all-county letter or similar instructions from
the director no later than January 1, 2005.
(f) The department shall adopt regulations as otherwise
necessary to implement this section no later than July 1, 2005.
Emergency regulations adopted for implementation of this section
may be adopted by the director in accordance with the
Administrative Procedure Act. The adoption of emergency
regulations shall be deemed to be an emergency and necessary for
immediate preservation of the public peace, health and safety, or
general welfare. The emergency regulations shall be exempt from
review by the Office of Administrative Law. The emergency
regulations authorized by this section shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and shall remain in effect for no more than 180 days.
SEC. 26. The provisions of this act are severable. If any
provision of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
SEC. 27. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIIIB of the California
Constitution.
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