Health and safety code section 11377-11382.5




CALIFORNIA CODES



HEALTH AND SAFETY CODE



SECTION 11377-11382.5



















11377.  (a) Except as otherwise provided in subdivision (b) or in



Article 7 (commencing with Section 4211) of Chapter 9 of Division 2



of the Business and Professions Code, every person who possesses any



controlled substance  which is (1) classified in Schedule III, IV, or



V, and which is not a narcotic drug, except subdivision (g) of



Section 11056, (2) specified in subdivision (d) of Section 11054,



except paragraphs (13), (14), (15), and (20) of subdivision (d), (3)



specified in paragraph (2) or (3) of subdivision (f) of Section



11054, or (4) specified in subdivision (d), (e), or (f) of Section



11055, unless upon the prescription of a physician, dentist,



podiatrist, or veterinarian, licensed to practice in this state,



shall be punished by imprisonment in the county jail for a period of



not more than one year or the state prison.



   (b) Any person who violates subdivision (a) by unlawfully



possessing a controlled substance specified in subdivision (f) of



Section 11056, and who has not previously been convicted of such a



violation involving a controlled substance specified in subdivision



(f) of Section 11056, is guilty of a misdemeanor.



   (c) In addition to any fine assessed under subdivision (b), the



judge may assess a fine not to exceed seventy dollars ($70) against



any person who violates subdivision (a), with the proceeds of this



fine to be used in accordance with Section 1463.23 of the Penal Code.



  The court shall, however, take into consideration the defendant's



ability to pay, and no defendant shall be denied probation because of



his or her inability to pay the fine permitted under this



subdivision.















11378.  Except as otherwise provided in Article  7 (commencing with



Section 4211) of Chapter 9 of Division 2 of the Business and



Professions Code, every person who possesses for sale any controlled



substance which is (1) classified in Schedule III, IV, or V and which



is not a narcotic drug, except subdivision (g) of Section 11056, (2)



specified in subdivision (d) of Section 11054, except paragraphs



(13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3)



specified in paragraph (2) or (3) of subdivision (f) of Section



11054, or (4) specified in subdivision (d), (e), or (f), except



paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of



paragraph (2) of subdivision (f), of Section 11055, shall be punished



by imprisonment in the state prison.















11378.5.  Except as otherwise provided in Article 7 (commencing with



Section 4211) of Chapter 9 of Division 2 of the Business and



Professions Code, every person who possesses for sale phencyclidine



or any analog or any precursor of phencyclidine which is specified in



paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or



in paragraph (3) of subdivision (e) or in subdivision (f), except



subparagraph (A) of paragraph (1) of subdivision (f), of Section



11055, shall be punished by imprisonment in the state prison for a



period of three, four, or five years.















11379.  (a) Except as otherwise provided in subdivision (b) and in



Article 7 (commencing with Section 4211) of Chapter 9 of Division 2



of the Business and Professions Code, every person who transports,



imports into this state, sells, furnishes, administers, or gives



away, or offers to transport, import into this state, sell, furnish,



administer, or give away, or attempts to import into this state or



transport any controlled substance  which is (1) classified in



Schedule III, IV, or V and which is not a narcotic drug, except



subdivision (g) of Section 11056, (2) specified in subdivision (d) of



Section 11054, except paragraphs (13), (14), (15), (20), (21), (22),



and (23) of subdivision (d), (3) specified in paragraph (2) or (3)



of subdivision (f) of Section 11054, or (4) specified in subdivision



(d) or (e), except paragraph (3) of subdivision (e), or specified in



subparagraph (A) of paragraph (1) of subdivision (f), of Section



11055, unless upon the prescription of a physician, dentist,



podiatrist, or veterinarian, licensed to practice in this state,



shall be punished by imprisonment in the state prison for a period of



two, three, or four years.



   (b) Notwithstanding the penalty provisions of subdivision (a), any



person who transports for sale any controlled substances specified



in subdivision (a) within this state from one county to another



noncontiguous county shall be punished by imprisonment in the state



prison for three, six, or nine years.















11379.2.  Except as otherwise provided in Article 7 (commencing with



Section 4211) of Chapter 9 of Division 2 of the Business and



Professions Code, every person who possesses for sale or sells any



controlled substance specified in subdivision (g) of Section 11056



shall be punished by imprisonment in the county jail for a period of



not more than one year or in the state prison.















11379.5.  (a) Except as otherwise provided in subdivision (b) and in



Article 7 (commencing with Section 4211) of Chapter 9 of Division 2



of the Business and Professions Code, every person who transports,



imports into this state, sells, furnishes, administers, or gives



away, or offers to transport, import into this state, sell, furnish,



administer, or give away, or attempts to import into this state or



transport phencyclidine or any of its analogs which is specified in



paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or



in paragraph (3) of subdivision (e) of Section 11055, or its



precursors as specified in subparagraph (A) or (B) of paragraph (2)



of subdivision (f) of Section 11055, unless upon the prescription of



a physician, dentist, podiatrist, or veterinarian licensed to



practice in this state, shall be punished by imprisonment in the



state prison for a period of three, four, or five years.



   (b) Notwithstanding the penalty provisions of subdivision (a), any



person who transports for sale any controlled substances specified



in subdivision (a) within this state from one county to another



noncontiguous county shall be punished by imprisonment in the state



prison for three, six, or nine years.















11379.6.  (a) Except as otherwise provided by law, every person who



manufactures, compounds, converts, produces, derives, processes, or



prepares, either directly or indirectly by chemical extraction or



independently by means of chemical synthesis, any controlled



substance specified in Section 11054, 11055, 11056, 11057, or 11058



shall be punished by imprisonment in the state prison for three,



five, or seven years and by a fine not exceeding fifty thousand



dollars ($50,000).



   (b) Except as otherwise provided by law, every person who offers



to perform an act which is punishable under subdivision (a) shall be



punished by imprisonment in the state prison for three, four, or five



years.



   (c) All fines collected pursuant to subdivision (a) shall be



transferred to the State Treasury for deposit in the Clandestine Drug



Lab Clean-up Account, as established by Section 5 of Chapter 1295 of



the Statutes of 1987.  The transmission to the State Treasury shall



be carried out in the same manner as fines collected for the state by



the county.















11379.7.  (a) Except as provided in subdivision (b), any person



convicted of a violation of subdivision (a) of Section 11379.6 or



Section 11383, or of an attempt to violate subdivision (a) of Section



11379.6 or Section 11383, as those sections relate to



methamphetamine or phencyclidine, when the commission or attempted



commission of the crime occurs in a structure where any child under



16 years of age is present, shall, in addition and consecutive to the



punishment prescribed for the felony of which he or she has been



convicted, be punished by an additional term of two years in the



state prison.



   (b) Any person convicted of a violation of subdivision (a) of



Section 11379.6 or Section 11383, or of an attempt to violate



subdivision (a) of Section 11379.6 or Section 11383, as those



sections relate to methamphetamine or phencyclidine, where the



commission of the crime causes any child under 16 years of age to



suffer great bodily injury, shall, in addition and consecutive to the



punishment prescribed for the felony of which he or she has been



convicted, be punished by an additional term of five years in the



state prison.



   (c) As used in this section, "structure" means any house,



apartment building, shop, warehouse, barn, building, vessel, railroad



car, cargo container, motor vehicle, housecar, trailer, trailer



coach, camper, mine, floating home, or other enclosed structure



capable of holding a child and manufacturing equipment.



   (d) As used in this section, "great bodily injury" has the same



meaning as defined in Section 12022.7 of the Penal Code.















11379.8.  (a) Any person convicted of a violation of subdivision (a)



of Section 11379.6, or of a conspiracy to violate subdivision (a) of



Section 11379.6, with respect to any  substance containing a



controlled substance which is specified in paragraph (21), (22), or



(23) of subdivision (d) of Section 11054, or in paragraph (1) or (2)



of subdivision (d) or in paragraph (3) of subdivision (e) or in



paragraph (2) of subdivision (f) of Section 11055 shall receive an



additional term as follows:



   (1) Where the substance exceeds three gallons of liquid by volume



or one pound of solid substances by weight, the person shall receive



an additional term of three years.



   (2) Where the substance exceeds 10 gallons of liquid by volume or



three pounds of solid substance by weight, the person shall receive



an additional term of five years.



   (3) Where the substance exceeds 25 gallons of liquid by volume or



10 pounds of solid substance by weight, the person shall receive an



additional term of 10 years.



   In computing the quantities involved in this subdivision, plant or



vegetable material seized shall not be included.



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



imposed unless  the allegation that the controlled substance exceeds



the amounts provided in this section is charged in the accusatory



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



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



addition to any other punishment provided by law.



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



strike the additional punishment for the enhancements provided in



this section if it determines  that there are circumstances in



mitigation of the additional punishment and states on the record its



reasons for striking the additional punishment.



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



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



conspirator was substantially involved in the direction or



supervision of, or in a significant portion of the financing of, the



underlying offense.















11379.9.  Except as provided by Section 11379.7, any person



convicted of a violation of, or of an attempt to violate, subdivision



(a) of Section 11379.6 or Section 11383, as those sections relate to



methamphetamine or phencyclidine, when the commission or attempted



commission of the offense causes the death or great bodily injury of



another person other than an accomplice, shall, in addition and



consecutive to any other punishment authorized by law, be punished by



an additional term of one year in the state prison for each death or



injury.











11380.  (a) Every person 18 years of age or over who violates any



provision of this chapter involving controlled substances which are



(1) classified in Schedule  III, IV, or V and which are not narcotic



drugs or (2) specified in subdivision (d) of Section 11054, except



paragraphs (13), (14), (15), and (20) of subdivision (d), specified



in paragraph (2) or (3) or subdivision (f) of Section 11054, or



specified in subdivision (d), (e), or (f) of Section 11055, by the



use of a minor as agent, who solicits, induces, encourages, or



intimidates any minor with the intent that the minor shall violate



any provision of this article involving those controlled substances



or who unlawfully furnishes, offers to furnish, or attempts to



furnish those controlled substances to a minor shall be punished by



imprisonment in the state prison for a period of three, six, or nine



years.



   (b) Nothing in this section applies to a registered pharmacist



furnishing controlled substances pursuant to a prescription.















11380.1.  (a) Notwithstanding any other provision of law, any person



18 years  of age or over who is convicted of a violation of Section



11380, in addition to the punishment imposed for that conviction,



shall receive an additional punishment as follows:



   (1) If the offense involved phencyclidine (PCP), methamphetamine,



lysergic acid diethylamide (LSD), or any analog of these substances



and occurred upon the grounds of, or within, a church or synagogue, a



playground, a public or private youth center, a child day care



facility, or a public swimming pool, during hours in which the



facility is open for business, classes, or school-related programs,



or at any time when minors are using the facility, the defendant



shall, as a full and separately served enhancement to any other



enhancement provided in paragraph (3), be punished by imprisonment in



the state prison for one year.



   (2) If the offense involved phencyclidine (PCP), methamphetamine,



lysergic acid diethylamide (LSD), or any analog of these substances



and occurred upon, or within 1,000 feet of, the grounds of any public



or private elementary, vocational, junior high school, or high



school, during hours that the school is open for classes or



school-related programs, or at any time when minors are using the



facility where the offense occurs, the defendant shall, as a full and



separately served enhancement to any other enhancement provided in



paragraph (3), be punished by imprisonment in the state prison for



two years.



   (3) If the offense involved a minor who is at least four years



younger than the defendant, the defendant shall, as a full and



separately served enhancement to any other enhancement provided in



this subdivision, be punished by imprisonment in the state prison for



one, two, or three years, at the discretion of the court.



   (b) The additional punishment provided in this section shall not



be imposed unless the allegation is charged in the accusatory



pleading and admitted by the defendant or found to be true by the



trier of fact.



   (c) The additional punishment provided in this section shall be in



addition to any other punishment provided by law and shall not be



limited by any other provision of law.



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



strike the additional punishment provided for in this section if it



determines that there are circumstances in mitigation of the



additional punishment and states on the record  its reasons for



striking the additional punishment.



   (e) The definitions contained in subdivision (e) of Section



11353.1 shall apply to this section.



   (f) This section does not require either that notice be posted



regarding the proscribed conduct or that the applicable 1,000-foot



boundary limit be marked.















11381.  As used in this article "felony offense" and offense



"punishable as a felony" refer to an offense for which the law



prescribes imprisonment in the state prison as either an alternative



or the sole penalty, regardless of the sentence the particular



defendant received.















11382.  Every person who agrees, consents, or in any manner offers



to unlawfully sell, furnish, transport, administer, or give any



controlled substance which is (1) classified in Schedule III, IV, or



V and which is not a narcotic drug, or (2) specified in subdivision



(d) of Section 11054, except paragraphs (13), (14), (15), and (20) of



subdivision (d), or specified in subdivision (d), (e), or (f) of



Section 11055, to any person, or offers, arranges, or negotiates to



have any such controlled substance unlawfully sold, delivered,



transported, furnished, administered, or given to any person and then



sells, delivers, furnishes, transports, administers, or gives, or



offers, or arranges, or negotiates to have sold, delivered,



transported, furnished, administered, or given to any person any



other liquid, substance, or material in lieu of any such controlled



substance shall be punished by imprisonment in the county jail for



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















11382.5.  All controlled substances in Schedules I, II, III, IV, and



V, in solid or capsule form, except for such controlled substances



in the possession or inventory of a wholesaler, retailer, or



pharmacist on January 1, 1975, shall not be sold, furnished, or



distributed in this state unless they have on the controlled



substance if in solid form, or on the capsule if in capsule form, an



identifying device, insignia, or mark of the manufacturer of such



controlled substance.  However, the exception for such controlled



substances in the possession or inventory of a wholesaler, retailer,



or pharmacist shall not be available to any wholesaler, retailer, or



pharmacist under the control or jurisdiction of a manufacturer of



controlled substances.



   This section shall not apply to a pharmacist who, in accordance



with applicable state law, compounds such controlled substance in the



course of his practice as a pharmacist for direct dispensing by him



upon a prescription of any person licensed to prescribe such



controlled substances.
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