Health and safety code section 11364-1176




CALIFORNIA CODES



HEALTH AND SAFETY CODE



SECTION 11364-11376



















11364.  It is unlawful to possess an opium pipe or any device,



contrivance, instrument, or paraphernalia used for unlawfully



injecting or smoking (1) a controlled substance  specified in



subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of



Section 11054, specified in paragraph (14), (15), or (20) of



subdivision (d) of Section 11054, specified in subdivision (b) or (c)



of Section 11055, or specified in paragraph (2) of subdivision (d)



of Section 11055, or (2) a controlled substance which is a narcotic



drug classified in Schedule III, IV, or V.















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.



   (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.



   (8) 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) Containers and other objects intended for use or designed for



use in storing or concealing controlled substances.



   (11) Hypodermic syringes, needles, and other objects intended for



use or designed for use in parenterally injecting controlled



substances into the human body.



   (12) 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 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.



   (8) 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.



   (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.











11364.7.  (a) Except as authorized by law, any person who delivers,



furnishes, or transfers, possesses with intent to deliver, furnish,



or transfer, or manufactures with the intent to deliver, furnish, or



transfer, drug paraphernalia, knowing, or under circumstances where



one reasonably should know, that it will be used to plant, propagate,



cultivate, grow, harvest, compound, convert, produce, process,



prepare, test, analyze, pack, repack, store, contain, conceal,



inject, ingest, inhale, or otherwise introduce into the human body a



controlled substance, except as provided in subdivision (b), in



violation of this division, is guilty of a misdemeanor.



   (b) Except as authorized by law, any person who manufactures with



intent to deliver, furnish, or transfer drug paraphernalia knowing,



or under circumstances where one reasonably should know, that it will



be used to plant, propagate, cultivate, grow, harvest, manufacture,



compound, convert, produce, process, prepare, test, analyze, pack,



repack, store, contain, conceal, inject, ingest, inhale, or otherwise



introduce into the human body cocaine, cocaine base, heroin,



phencyclidine, or methamphetamine in violation of this division shall



be punished by imprisonment in a county jail for not more than one



year, or in the state prison.



   (c) Except as authorized by law, any person, 18 years of age or



over, who violates subdivision (a) by delivering, furnishing, or



transferring drug paraphernalia to a person under 18 years of age who



is at least three years his or her junior, or who, upon the grounds



of a public or private elementary, vocational, junior high, or high



school, possesses a hypodermic needle, as defined in paragraph (7) of



subdivision (a) of Section 11014.5, with the intent to deliver,



furnish, or transfer the hypodermic needle, knowing, or under



circumstances where one reasonably should know, that it will be used



by a person under 18 years of age to inject into the human body a



controlled substance, is guilty of a misdemeanor and shall be



punished by imprisonment in a county jail for not more than one year,



by a fine of not more than one thousand dollars ($1,000), or by both



that imprisonment and fine.



   (d) The violation, or the causing or the permitting of a



violation, of subdivision (a), (b), or (c) by a holder of a business



or liquor license issued by a city, county, or city and county, or by



the State of California, and in the course of the licensee's



business shall be grounds for the revocation of that license.



   (e) All drug paraphernalia defined in Section 11014.5 is subject



to forfeiture and may be seized by any peace officer pursuant to



Section 11471.



   (f) 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 this section which can be given effect without the



invalid provision or application and to this end the provisions of



this section are severable.















11365.  (a) It is unlawful to visit or to be in any room or place



where any controlled substances which are specified in subdivision



(b), (c), or (e), or paragraph (1) of subdivision (f) of Section



11054, specified in paragraph (14), (15), or (20) of subdivision (d)



of Section 11054, or specified in subdivision (b) or (c) or paragraph



(2) of subdivision (d) of Section 11055, or which are narcotic drugs



classified in Schedule III, IV, or V, are being unlawfully smoked or



used with knowledge that such activity is occurring.



   (b) This section shall apply only where the defendant aids,



assists, or abets the perpetration of the unlawful smoking or use of



a controlled substance specified in subdivision (a).  This



subdivision is declaratory of existing law as expressed in People v.



Cressey (1970) 2 Cal. 3d 836.















11366.  Every person who opens or maintains any place for the



purpose of unlawfully selling, giving away, or using any controlled



substance which is (1) specified in subdivision (b), (c), or (e), or



paragraph (1) of subdivision (f) of Section 11054, specified in



paragraph (13), (14), (15), or (20) of subdivision (d) of Section



11054, or specified in subdivision (b), (c), paragraph (1) or (2) of



subdivision (d), or paragraph (3) of subdivision (e) of Section



11055, or (2) which is a narcotic drug classified in Schedule III,



IV, or V, shall be punished by imprisonment in the county jail for a



period of not more than one year or the state prison.



















11366.5.  (a) Any person who has under his or her management or



control any building, room, space, or enclosure, either as an owner,



lessee, agent, employee, or mortgagee, who knowingly rents, leases,



or makes available for use, with or without compensation, the



building, room, space, or enclosure for the purpose of unlawfully



manufacturing, storing, or distributing any controlled substance for



sale or distribution shall be punished by imprisonment in the county



jail for not more than one year, or in the state prison.



   (b) Any person who has under his or her management or control any



building, room, space, or enclosure, either as an owner, lessee,



agent, employee, or mortgagee, who knowingly allows the building,



room, space, or enclosure to be fortified to suppress law enforcement



entry in order to further the sale of any amount of cocaine base as



specified in paragraph (1) of subdivision (f) of Section 11054,



cocaine as specified in paragraph (6) of subdivision (b) of Section



11055, heroin, phencyclidine, amphetamine, methamphetamine, or



lysergic acid diethylamide and who obtains excessive profits from the



use of the building, room, space, or enclosure shall be punished by



imprisonment in the state prison for two, three, or four years.



   (c) Any person who violates subdivision (a) after previously being



convicted of a violation of subdivision (a) shall be punished by



imprisonment in the state prison for two, three, or four years.



   (d) For the purposes of this section, "excessive profits" means



the receipt of consideration of a value substantially higher than



fair market value.















11366.6.  Any person who utilizes a building, room, space, or



enclosure specifically designed to suppress law enforcement entry in



order to sell, manufacture, or possess for sale any amount of cocaine



base as specified in paragraph (1) of subdivision (f) of Section



11054, cocaine as specified in paragraph (6) of subdivision (b) of



Section 11055, heroin, phencyclidine, amphetamine, methamphetamine,



or lysergic acid diethylamide shall be punished by imprisonment in



the state prison for three, four, or five years.















11366.7.  (a) This section shall apply to the following:



   (1) Any chemical or drug.



   (2) Any laboratory apparatus or device.



   (b) Any retailer or wholesaler who sells any item in paragraph (1)



or (2) of subdivision (a) with knowledge or the intent that it will



be used to unlawfully manufacture, compound, convert, process, or



prepare a controlled substance for unlawful sale or distribution,



shall be punished by imprisonment in a county jail for not more than



one year, or in the state prison, or by a fine not exceeding



twenty-five thousand dollars ($25,000), or by both that imprisonment



and fine.  Any fine collected pursuant to this section shall be



distributed as specified in Section 1463.10 of the Penal Code.



















11366.8.  (a) Every person who possesses, uses, or controls a false



compartment with the intent to store, conceal, smuggle, or transport



a controlled substance within the false compartment shall be punished



by imprisonment in a county jail for a term of imprisonment not to



exceed one year or in the state prison.



   (b) Every person who designs, constructs, builds, alters, or



fabricates a false compartment for, or installs or attaches a false



compartment to, a vehicle with the intent to store, conceal, smuggle,



or transport a controlled substance shall be punished by



imprisonment in the state prison for 16 months or two or three years.







   (c) The term "vehicle" means any of the following vehicles without



regard to whether the vehicles are private or commercial, including,



but not limited to, cars, trucks, buses, aircraft, boats, ships,



yachts, and vessels.



   (d) The term "false compartment" means any box, container, space,



or enclosure that is intended for use or designed for use to conceal,



hide, or otherwise prevent discovery of any controlled substance



within or attached to a vehicle, including, but not limited to, any



of the following:



   (1) False, altered, or modified fuel tanks.



   (2) Original factory equipment of a vehicle that is modified,



altered, or changed.



   (3) Compartment, space, or box that is added to, or fabricated,



made, or created from, existing compartments, spaces, or boxes within



a vehicle.















11367.  All duly authorized peace officers, while investigating



violations of this division in performance of their official duties,



and any person working under their immediate direction, supervision



or instruction, are immune from prosecution under this division.



















11367.5.  (a) Any sheriff, chief of police, the Chief of the Bureau



of Narcotic Enforcement, or the Commissioner of the California



Highway Patrol, or a designee thereof, may, in his or her discretion,



provide controlled substances in his or her possession and control



to any duly authorized peace officer or civilian drug detection



canine trainer working under the direction of a law enforcement



agency, provided the controlled substances are no longer needed as



criminal evidence and provided the person receiving the controlled



substances, if required by the Drug Enforcement Administration,



possesses a current and valid Drug Enforcement Administration



registration which specifically authorizes the recipient to possess



controlled substances while providing substance abuse training to law



enforcement or the community or while providing canine drug



detection training.



   (b) All duly authorized peace officers, while providing substance



abuse training to law enforcement or the community or while providing



canine drug detection training, in performance of their official



duties, and any person working under their immediate direction,



supervision, or instruction, are immune from prosecution under this



division.



   (c) (1) Any person receiving controlled substances pursuant to



subdivision (a) shall maintain custody and control of the controlled



substances and shall keep records regarding any loss of, or damage



to, those controlled substances.



   (2) All controlled substances shall be maintained in a secure



location approved by the dispensing agency.



   (3) Any loss shall be reported immediately to the dispensing



agency.



   (4) All controlled substances shall be returned to the dispensing



agency upon the conclusion of the training or upon demand by the



dispensing agency.















11368.  Every person who forges or alters a prescription or who



issues or utters an altered prescription, or who issues or utters a



prescription bearing a forged or fictitious signature for any



narcotic drug, or who obtains any narcotic drug by any forged,



fictitious, or altered prescription, or who has in possession any



narcotic drug secured by a forged, fictitious, or altered



prescription, shall be punished by imprisonment in the county jail



for not less than six months nor more than one year, or in the state



prison.











11369.  When there is reason to believe that any person arrested for



  a violation of Section 11350, 11351, 11351.5, 11352, 11353, 11355,



11357, 11359, 11360, 11361, 11363, 11366, 11368 or 11550, may not be



a citizen of the United States, the arresting agency shall notify the



appropriate agency of the United States having charge of deportation



matters.















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 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.















11370.1.  (a) Notwithstanding Section 11350 or 11377 or any other



provision of law, every person who unlawfully possesses any amount of



a substance containing cocaine base, a substance containing cocaine,



a substance containing heroin, a substance containing



methamphetamine, a crystalline substance containing phencyclidine, a



liquid substance containing phencyclidine, plant material containing



phencyclidine, or a hand-rolled cigarette treated with phencyclidine



while armed with a loaded, operable firearm is guilty of a felony



punishable by imprisonment in the state prison for two, three, or



four years.



   As used in this subdivision, "armed with" means having available



for immediate offensive or defensive use.



   (b) Any person who is convicted under this section shall be



ineligible for diversion or deferred entry of judgment under Chapter



2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal



Code.











11370.2.  (a) Any person convicted of a violation of, or of a



conspiracy to violate, Section 11351, 11351.5, or 11352 shall



receive, in addition to any other punishment authorized by law,



including Section 667.5 of the Penal Code, a full, separate, and



consecutive three-year term for each prior felony conviction of, or



for each prior felony conviction of conspiracy to violate, Section



11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6,



11380, 11380.5, or 11383, whether or not the prior conviction



resulted in a term of imprisonment.



   (b) Any person convicted of a violation of, or of a conspiracy to



violate, Section 11378.5, 11379.5, 11379.6, 11380.5, or 11383 shall



receive, in addition to any other punishment authorized by law,



including Section 667.5 of the Penal Code, a full, separate, and



consecutive three-year term for each prior felony conviction of, or



for each prior felony conviction of conspiracy to violate, Section



11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6,



11380, 11380.5, or 11383, whether or not the prior conviction



resulted in a term of imprisonment.



   (c) Any person convicted of a violation of, or of a conspiracy to



violate, Section 11378 or 11379 with respect to any substance



containing a controlled substance specified in paragraph (1) or (2)



of subdivision (d) of Section 11055 shall receive, in addition to any



other punishment authorized by law, including Section 667.5 of the



Penal Code, a full, separate, and consecutive three-year term for



each prior felony conviction of, or for each prior felony conviction



of conspiracy to violate, Section 11351, 11351.5, 11352, 11378,



11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, or 11383, whether



or not the prior conviction resulted in a term of imprisonment.



   (d) The enhancements provided for in this section shall be pleaded



and proven as provided by law.



   (e) The conspiracy enhancements provided for in this section shall



not be imposed unless the trier of fact finds that the defendant



conspirator was substantially involved in the planning, direction,



execution, or financing of the underlying offense.















11370.4.  (a) Any person convicted of a violation of, or of a



conspiracy to violate, Section 11351, 11351.5, or 11352 with respect



to a substance containing heroin, cocaine base as specified in



paragraph (1) of subdivision (f) of Section 11054, or cocaine as



specified in paragraph (6) of subdivision (b) of Section 11055 shall



receive an additional term as follows:



   (1) Where the substance exceeds one kilogram by weight, the person



shall receive an additional term of three years.



   (2) Where the substance exceeds four kilograms by weight, the



person shall receive an additional term of five years.



   (3) Where the substance exceeds 10 kilograms by weight, the person



shall receive an additional term of 10 years.



   (4) Where the substance exceeds 20 kilograms by weight, the person



shall receive an additional term of 15 years.



   (5) Where the substance exceeds 40 kilograms by weight, the person



shall receive an additional term of 20 years.



   (6) Where the substance exceeds 80 kilograms by weight, the person



shall receive an additional term of 25 years.



   The conspiracy enhancements provided for in this subdivision shall



not be imposed unless the trier of fact finds that the defendant



conspirator was substantially involved in the planning, direction,



execution, or financing of the underlying offense.



   (b) Any person convicted of a violation of, or of conspiracy to



violate, Section 11378, 11378.5, 11379, 11379.5, or 11379.6 with



respect to a substance containing methamphetamine, amphetamine,



phencyclidine (PCP) and its analogs shall receive an additional term



as follows:



   (1) Where the substance exceeds one kilogram by weight, or 30



liters by liquid volume, the person shall receive an additional term



of three years.



   (2) Where the substance exceeds four kilograms by weight, or 100



liters by liquid volume, the person shall receive an additional term



of five years.



   (3) Where the substance exceeds 10 kilograms by weight, or 200



liters by liquid volume, the person shall receive an additional term



of 10 years.



   (4) Where the substance exceeds 20 kilograms by weight, or 400



liters by volume, the person shall receive an additional term of 15



years.



   In computing the quantities involved in this subdivision, plant or



vegetable material seized shall not be included.



   The conspiracy enhancements provided for in this subdivision shall



not be imposed unless the trier of fact finds that the defendant



conspirator was substantially involved in the planning, direction,



execution, or financing of the underlying offense.



   (c) The additional terms provided in this section shall not be



imposed unless the allegation that the weight of the substance



containing heroin, cocaine base as specified in paragraph (1) of



subdivision (f) of Section 11054, cocaine as specified in paragraph



(6) of subdivision (b) of Section 11055, methamphetamine,



amphetamine, or phencyclidine (PCP) and its analogs exceeds the



amounts provided in this section is charged in the accusatory



pleading and admitted or found to be true by the trier of fact.



   (d) The additional terms provided in this section shall be in



addition to any other punishment provided by law.



   (e) Notwithstanding any other provision of law, the court may



strike the additional punishment for the enhancements provided in



this section if it determines  that there are circumstances in



mitigation of the additional punishment and states on the record its



reasons for striking the additional punishment.















11370.6.  (a) Every person who possesses any moneys or negotiable



instruments in excess of one hundred thousand dollars ($100,000)



which have been obtained as the result of the unlawful sale,



possession for sale, transportation, manufacture, offer for sale, or



offer to manufacture any controlled substance listed in Section



11054, 11055, 11056, 11057, or 11058, with knowledge that the moneys



or negotiable instruments have been so obtained, and any person who



possesses any moneys or negotiable instruments in excess of one



hundred thousand dollars ($100,000) which are intended by that person



for the unlawful purchase of any controlled substance listed in



Section 11054, 11055, 11056, 11057, or 11058 and who commits an act



in substantial furtherance of the unlawful purchase, shall be



punished by imprisonment in the county jail for a term not to exceed



one year, or by imprisonment in the state prison for two, three, or



four years.



   (b) In consideration of the constitutional right to counsel



afforded by the Sixth Amendment to the United States Constitution and



Section 15 of Article 1 of the California Constitution, when a case



charged under subdivision (a) involves an attorney who accepts a fee



for representing a client in a criminal investigation or proceeding,



the prosecution shall additionally be required to prove that the



moneys or negotiable instruments were accepted by the attorney with



the intent to participate in the unlawful conduct described in



subdivision (a) or to disguise or aid in disguising the source of the



funds or the nature of the criminal activity.



   (c) In determining the guilt or innocence of a person charged



under subdivision (a), the trier of fact may consider the following



in addition to any other relevant evidence:



   (1) The lack of gainful employment by the person charged.



   (2) The expert opinion of a qualified controlled substances expert



as to the source of the assets.



   (3) The existence of documents or ledgers that indicate sales of



controlled substances.















11370.9.  (a) It is unlawful for any person knowingly to receive or



acquire proceeds, or engage in a transaction involving proceeds,



known to be derived from any violation of this division or Division



10.1 with the intent to conceal or disguise or aid in concealing or



disguising the nature, location, ownership, control, or source of the



proceeds or to avoid a transaction reporting requirement under state



or federal law.



   (b) It is unlawful for any person knowingly to give, sell,



transfer, trade, invest, conceal, transport, or maintain an interest



in, or otherwise make available, anything of value which that person



knows is intended to be used for the purpose of committing, or



furthering the commission of, any violation of this division or



Division 10.1 with the intent to conceal or disguise or aid in



concealing or disguising the nature, location, ownership, control, or



source of the proceeds or to avoid a transaction reporting



requirement under state or federal law.



   (c) It is unlawful for any person knowingly to direct, plan,



organize, initiate, finance, manage, supervise, or facilitate the



transportation or transfer of proceeds known to be derived from any



violation of this division or Division 10.1 with the intent to



conceal or disguise or aid in concealing or disguising the nature,



location, ownership, control, or source of the proceeds or to avoid a



transaction reporting requirement under state or federal law.



   (d) It is unlawful for any person knowingly to conduct a



transaction involving proceeds derived from a violation of this



division or Division 10.1 when the transaction is designed in whole



or in part to conceal or disguise the nature, location, source,



ownership, or control of the proceeds known to be derived from a



violation of this division or Division 10.1 with the intent to



conceal or disguise or aid in concealing or disguising the nature,



location, ownership, control, or source of the proceeds or to avoid a



transaction reporting requirement under state or federal law.



   (e) A violation of this section shall be punished by imprisonment



in a county jail for not more than one year or in the state prison



for a period of two, three, or four years, by a fine of not more than



two hundred fifty thousand dollars ($250,000) or twice the value of



the proceeds or property involved in the violation, whichever is



greater, or by both that imprisonment and fine.  Notwithstanding any



other provision of law, each violation of this section shall



constitute a separate, punishable offense without limitation.



   (f) This section shall apply only to a transaction, or series of



related transactions within a 30-day period, involving over



twenty-five thousand dollars ($25,000) or to proceeds of a value



exceeding twenty-five thousand dollars ($25,000).



   (g) In consideration of the constitutional right to counsel



afforded by the Sixth Amendment to the United States Constitution and



Section 15 of Article 1 of the California Constitution, this section



is not intended to apply to the receipt of, or a related transaction



involving, a fee by an attorney for the purpose of providing advice



or representing a person in a criminal investigation or prosecution.







   (h) For the purposes of this section, the following terms have the



following meanings:



   (1) "Proceeds" means property acquired or derived directly or



indirectly from, produced through, or realized through any violation



of this division or Division 10.1.



   (2) "Transaction" includes a purchase, sale, trade, loan, pledge,



investment, gift, transfer, transmission, delivery, deposit,



withdrawal, payment, electronic, magnetic, or manual transfer between



accounts, exchange of currency, extension of credit, purchase or



sale of any monetary instrument, or any other acquisition or



disposition of property by whatever means effected.



   (3) "Represented by a law enforcement officer" means any



representation of fact made by a peace officer as defined in Section



7 of the Penal Code, or a federal officer described in subsection (e)



of Sections 1956 and 1957 of Title 18 of the United States Code, or



by another person at the direction of, or with the approval of, that



peace officer or federal officer.











11371.  Any person who shall knowingly violate any of the provisions



of Section 11153, 11154, 11155, or 11156 with respect to (1) a



controlled substance specified in subdivision (b), (c), or (d) of



Section 11055, or (2) a controlled substance specified in paragraph



(1) of subdivision (b) of Section 11056, or (3) a controlled



substance which is a narcotic drug classified in Schedule III, IV, or



V, or who in any voluntary manner solicits, induces, encourages or



intimidates any minor with the intent that such minor shall commit



any such offense, shall be punished by imprisonment in the state



prison or in a county jail not exceeding one year, or by a fine not



exceeding twenty thousand dollars ($20,000), or by both such fine and



imprisonment.















11371.1.  Any person who shall knowingly violate any of the



provisions of Section 11173 or 11174 with respect to (1) a controlled



substance specified in subdivision (b), (c), or (d) of Section



11055, or (2) a controlled substance specified in paragraph (1) of



subdivision (b) of Section 11056, or (3) a controlled substance which



is a narcotic drug classified in Schedule III, IV, or V, or who in



any voluntary manner solicits, induces, encourages or intimidates any



minor with the intent that such minor shall commit any such offense,



shall be punished by imprisonment in the state prison, or in a



county jail not exceeding one year.











11372.  (a) In addition to the term of imprisonment provided by law



for persons convicted of violating Section 11350, 11351, 11351.5,



11352, 11353, 11355, 11359, 11360, or 11361, the trial court may



impose a fine not exceeding twenty thousand dollars ($20,000) for



each such offense.  In no event shall such fine be levied in lieu of



or in substitution for the term of imprisonment provided by law for



any of such offenses.



   (b) Any person receiving an additional term pursuant to paragraph



(1) of subdivision (a) of Section 11370.4, may, in addition, be fined



an amount not exceeding one million dollars ($1,000,000) for each



such offense.



   (c) Any person receiving an additional term pursuant to paragraph



(2) of subdivision (a) of Section 11370.4, may, in addition, be fined



an amount not to exceed four million dollars ($4,000,000) for each



such offense.



   (d) Any person receiving an additional term pursuant to paragraph



(3) of subdivision (a) of Section 11370.4, may, in addition, be fined



by amount not to exceed eight million dollars ($8,000,000) for each



such offense.



   (e) The court shall make a finding, prior to the imposition of the



fines authorized by subdivision (b) to (e), inclusive, that there is



a reasonable expectation that the fine, or a substantial portion



thereof, could be collected within a reasonable period of time,



taking into consideration the defendant's income, earning capacity,



and financial resources.















11372.5.  (a) Every person who is convicted of a violation of



Section 11350, 11351, 11351.5, 11352, 11355, 11358, 11359, 11361,



11363, 11364, 11368, 11375, 11377, 11378, 11378.5, 11379, 11379.5,



11379.6, 11380, 11380.5, 11382, 11383, 11390, 11391, or 11550 or



subdivision (a) or (c) of Section 11357, or subdivision (a) of



Section 11360 of this code, or Section 4230 of the Business and



Professions Code shall pay a criminal laboratory analysis fee in the



amount of fifty dollars ($50) for each separate offense.  The court



shall increase the total fine necessary to include this increment.



   With respect to those offenses specified in this subdivision for



which a fine is not authorized by other provisions of law, the court



shall, upon conviction, impose a fine in an amount not to exceed



fifty dollars ($50), which shall constitute the increment prescribed



by this section and which shall be in addition to any other penalty



prescribed by law.



   (b) The county treasurer shall maintain a criminalistics



laboratories fund.  The sum of fifty dollars ($50) shall be deposited



into the fund for every conviction under Section 11350, 11351,



11351.5, 11352, 11355, 11358, 11359, 11361, 11363, 11364, 11368,



11375, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380,



11380.5, 11382, 11383, 11390, 11391, or 11550, subdivision (a) or (c)



of Section 11357, or subdivision (a) of Section 11360 of this code,



or Section 4230 of the Business and Professions Code, in addition to



fines, forfeitures, and other moneys which are transmitted by the



courts to the county treasurer pursuant to Section 11502.  The



deposits shall be made prior to any transfer pursuant to Section



11502.  The county may retain an amount of this money equal to its



administrative cost incurred pursuant to this section.  Moneys in the



criminalistics laboratories fund shall, except as otherwise provided



in this section, be used exclusively to fund (1) costs incurred by



criminalistics laboratories providing microscopic and chemical



analyses for controlled substances, in connection with criminal



investigations conducted within both the incorporated or



unincorporated portions of the county, (2) the purchase and



maintenance of equipment for use by these laboratories in performing



the analyses, and (3) for continuing education, training, and



scientific development of forensic scientists regularly employed by



these laboratories.  Moneys in the criminalistics laboratory fund



shall be in addition to any allocations pursuant to existing law.  As



used in this section, "criminalistics laboratory" means a laboratory



operated by, or under contract with, a city, county, or other public



agency, including a criminalistics laboratory of the Department of



Justice, (1) which has not less than one regularly employed forensic



scientist engaged in the analysis of solid-dose controlled



substances, and (2) which is registered as an analytical laboratory



with the Drug Enforcement Administration of the United States



Department of Justice for the possession of all scheduled controlled



substances.  In counties served by criminalistics laboratories of the



Department of Justice, amounts deposited in the criminalistics



laboratories fund, after deduction of appropriate and reasonable



county overhead charges not to exceed 5 percent attributable to the



collection thereof, shall be paid by the county treasurer once a



month to the Controller for deposit into the State General Fund, and



shall be excepted from the expenditure requirements otherwise



prescribed by this subdivision.



   The county treasurer shall, at the conclusion of each fiscal year,



determine the amount of any funds remaining in the special fund



established pursuant to this section after expenditures for that



fiscal year have been made for the purposes herein specified.  The



county treasurer shall annually distribute those surplus funds in



accordance with the allocation scheme for distribution of fines and



forfeitures set forth in Section 11502.











11372.7.  (a) Except as otherwise provided in subdivision (b) or



(e), each person who is convicted of a violation of this chapter



shall pay a drug program fee in an amount not to exceed one hundred



fifty dollars ($150) for each separate offense.  The court shall



increase the total fine, if necessary, to include this increment,



which shall be in addition to any other penalty prescribed by law.



   (b) The court shall determine whether or not the person who is



convicted of a violation of this chapter has the ability to pay a



drug program fee.  If the court determines that the person has the



ability to pay, the court may set the amount to be paid and order the



person to pay that sum to the county in a manner that the court



believes is reasonable and compatible with the person's financial



ability.  In its determination of whether a person has the ability to



pay, the court shall take into account the amount of any fine



imposed upon that person and any amount that person has been ordered



to pay in restitution.  If the court determines that the person does



not have the ability to pay a drug program fee, the  person shall not



be required to pay a drug program fee.



   (c) The county treasurer shall maintain a drug program fund.  For



every drug program fee assessed and collected pursuant to



subdivisions (a) and (b), an amount equal to this assessment shall be



deposited into the fund for every conviction pursuant to this



chapter, in addition to fines, forfeitures, and other moneys which



are transmitted by the courts to the county treasurer pursuant to



Sections 11372.5 and 11502.  These deposits shall be made prior to



any transfer pursuant to Section 11502.  Amounts deposited in the



drug program fund shall be allocated by  the administrator  of the



county's drug program to drug abuse programs in the schools and the



community, subject to the approval of the board of supervisors, as



follows:



   (1) The moneys in the fund shall be allocated through the planning



process established pursuant to Sections 11983, 11983.1, 11983.2,



and 11983.3.



   (2) A minimum of 33 percent of the fund shall be allocated to



primary prevention programs in the schools  and the community.



Primary prevention programs developed and implemented under this



article shall emphasize cooperation in planning and program



implementation among schools and community drug abuse agencies, and



shall demonstrate coordination through an interagency agreement among



county offices of education, school district, and the county drug



program administrator.  These primary prevention programs may



include:



   (A) School- and classroom-oriented programs, including, but not



limited to, programs designed to encourage sound decisionmaking, an



awareness of values, an awareness of drugs and their effects,



enhanced self-esteem, social and practical skills that will assist



students toward maturity, enhanced or improved school climate and



relationships among all school personnel and students, and



furtherance  of cooperative efforts of school- and community-based



personnel.



   (B) School- or community-based nonclassroom alternative programs,



or both, including, but not limited to, positive peer group programs,



programs involving youth and adults in constructive activities



designed as alternatives to drug use, and programs for special target



groups, such as women, ethnic minorities, and other high-risk,



high-need populations.



   (C) Family-oriented programs, including, but not limited to,



programs aimed at improving family relationships and involving



parents constructively in the education and nurturing of their



children, as well as in specific activities aimed at preventing drug



abuse.



   (d) Moneys deposited into a county drug program fund pursuant to



this section shall supplement, and shall not supplant, any local



funds made available to support the county's drug abuse prevention



and treatment efforts.



   (e) Five  percent of the money allocated to primary prevention



programs in schools and communities within the county pursuant to



paragraph (2) of subdivision (c) shall be used for the purpose of



conducting an annual evaluation.  The annual evaluation shall be



conducted by the office of the county superintendent of schools in



counties where the program is operating in a single county or in the



office of the county superintendent of schools in the county



designated as the lead county in counties where the program is



operating as a consortium of counties.  The evaluation shall contain



the following:



   (1) A needs assessment evaluation which provides specific data



regarding the problem to be resolved.



   (2) A written report of the planning process outlining the



deliberations, considerations, and conclusions following a review of



the needs assessment.



   (3) An end of fiscal year accountability evaluation that will



indicate the program's continuing ability to reach appropriate



program beneficiaries, deliver the appropriate benefits, and use



funds appropriately.



   (4) An impact evaluation charged with the task of assessing the



effectiveness of the program.  Guidelines for the evaluation report



format and the timeliness for the submission of the report shall be



developed by the State Department of Education.  Each county shall



submit an evaluation report annually to the State Department of



Education and the State Department of Education shall write and



submit a report to the Legislature and Governor.



   (f) This section shall not apply to any person convicted of a



violation of subdivision (b) of Section 11357 of the Health and



Safety Code.











11373.  (a) Whenever any person who is otherwise eligible for



probation is granted probation by the trial court after conviction



for a violation of any controlled substance offense under this



division, the trial court shall, as a condition of probation, order



that person to secure education or treatment from a local community



agency designated by the court, if the service is available and the



person is likely to benefit from the service.



   If the defendant is a minor, the trial court shall also order his



or her parents or guardian to participate in the education or



treatment to the extent the court determines that participation will



aid the education or treatment of the minor.



   If a minor is found by a juvenile court to have been in possession



of any controlled substance, in addition to any other order it may



make, the juvenile court shall order the minor to receive education



or treatment from a local community agency designated by the court,



if the service is available and the person is likely to benefit from



the service, and it shall also order his or her parents or guardian



to participate in the education or treatment to the extent the court



determines that participation will aid the education or treatment of



the minor.



   (b) The willful failure to complete a court ordered education or



treatment program shall be a circumstance in aggravation for purposes



of sentencing for any subsequent prosecution for a violation of



Section 11353, 11354, or 11380.  The failure to complete an education



or treatment program because of the person's inability to pay the



costs of the program or because of the unavailability to the



defendant of appropriate programs is not a willful failure to



complete the program.











11374.  Every person who violates or fails to comply with any



provision of this division, except one for which a penalty is



otherwise in this division specifically provided, is guilty of a



misdemeanor punishable by a fine in a sum not less than thirty



dollars ($30) nor more than five hundred dollars ($500), or by



imprisonment for not less than 15 nor more than 180 days, or by both.















11374.5.  (a) Any manufacturer of a controlled substance who



disposes of any hazardous substance that is a controlled substance or



a chemical used in the manufacture of a controlled substance in



violation of any law regulating the disposal of hazardous substances



or hazardous waste is guilty of a public offense punishable by



imprisonment in the state prison for two, three, or four years or in



the county jail not exceeding one year.



   (b) (1) In addition to any other penalty or liability imposed by



law, a person who is convicted of violating subdivision (a) shall pay



a penalty equal to the amount of  the actual cost of any gross



evidence removal of hazardous substances or hazardous waste that is



incurred by an agency as a result of the illegal disposal.  The court



shall transmit all penalties collected pursuant to this subdivision



to the county treasurer of the county in which the court is located



for deposit in a special account in the county treasury.  The county



treasurer shall pay that money at least once a month to the agency



that incurred the cost for the gross evidence removal.  The county



may retain up to 5 percent of any assessed penalty for appropriate



and reasonable administrative costs attributable to the collection



and disbursement of the penalty.



   (2) If the Department of Justice has incurred the cost for the



gross evidence removal, the county treasurer shall transfer funds in



the amount of the penalty collected to the Treasurer, who shall



deposit the money in the Controlled Substance Disposal Account, which



is hereby created in the General Fund in the State Treasury.  The



Department of Justice may expend the money in the Controlled



Substance Disposal Account, upon appropriation by the Legislature, to



cover the cost of gross evidence removals.



   (c) As used in this section the following terms have the following



meaning:



   (1) "Dispose" means to abandon, deposit, intern, or otherwise



discard as a final action after use has been achieved or a use is no



longer intended.



   (2) "Hazardous substance" has the same meaning as defined in



Section 25316.



   (3) "Hazardous waste" has the same meaning as defined in Section



25117.















11375.  (a) As to the substances specified in subdivision (c), this



section, and not Sections 11377, 11378, 11379, and 11380, shall



apply.



   (b) Every person who possesses for sale, or who sells, any



substance specified in subdivision (c) shall be punished by



imprisonment in the county jail for a period of not more than one



year or state prison.



   (c) This section shall apply to any material, compound, mixture,



or preparation containing any of the following substances:



   (1) Chlordiazepoxide.



   (2) Clonazepam.



   (3) Clorazepate.



   (4) Diazepam.



   (5) Flurazepam.



   (6) Lorazepam.



   (7) Mebutamate.



   (8) Oxazepam.



   (9) Prazepam.



   (10) Temazepam.



   (11) Halazepam.



   (12) Alprazolam.



   (13) Propoxyphene.



   (14) Diethylpropion.



   (15) Phentermine.



   (16) Pemoline.



   (17) Fenfluramine.



   (18) Triazolam.











11375.  (a) As to the substances specified in subdivision (c), this



section, and not Sections 11377, 11378, 11379, and 11380, shall



apply.



   (b) Every person who possesses for sale, or who sells, any



substance specified in subdivision (c) shall be punished by



imprisonment in the county jail for a period of not more than one



year or state prison.



   (c) This section shall apply to any material, compound, mixture,



or preparation containing any of the following substances:



   (1) Chlordiazepoxide.



   (2) Clonazepam.



   (3) Clorazepate.



   (4) Diazepam.



   (5) Flurazepam.



   (6) Lorazepam.



   (7) Mebutamate.



   (8) Oxazepam.



   (9) Prazepam.



   (10) Temazepam.



   (11) Halazepam.



   (12) Alprazolam.



   (13) Propoxyphene.



   (14) Diethylpropion.



   (15) Phentermine.



   (16) Pemoline.



   (17) Triazolam.















11376.  Upon the diversion or conviction of a person for any offense



involving substance abuse, the court may require, in addition to any



or all other terms of diversion or imprisonment, fine, or other



reasonable conditions of sentencing or probation imposed by the



court, that the defendant participate in and complete counseling or



education programs, or both, including, but not limited to, parent



education or parenting programs operated by community colleges,



school districts, other public agencies, or private agencies.
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