Health and safety code section 11550-11555




CALIFORNIA CODES



HEALTH AND SAFETY CODE



SECTION 11550-11555



















11550.  (a) No person shall use, or be under the influence of 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 (14), (15), (21), (22), or (23) of subdivision



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



11055, or specified in paragraph (1) or (2) of subdivision (d) or in



paragraph (3) of subdivision (e) of Section 11055, or (2) a narcotic



drug classified in Schedule III, IV, or V, except when administered



by or under the direction of a person licensed by the state to



dispense, prescribe, or administer controlled substances.  It shall



be the burden of the defense to show that it comes within the



exception.  Any person convicted of violating this subdivision is



guilty of a misdemeanor and shall be sentenced to serve a term of not



less than 90 days or more than one year in the county jail.  The



court may place a person convicted under this subdivision on



probation for a period not to exceed five years and, except as



provided in subdivision (c), shall in all cases in which probation is



granted require, as a condition thereof, that the person be confined



in the county jail for at least 90 days.  Other than as provided by



subdivision (c), in no event shall the court have the power to



absolve a person who violates this subdivision from the obligation of



spending at least 90 days in confinement in the county jail.



   (b) Any person who (1) is convicted of violating subdivision (a)



when the offense occurred within seven years of that person being



convicted of two or more separate violations of that subdivision, and



(2) refuses to complete a licensed drug rehabilitation program



offered by the court pursuant to subdivision (c), shall be punished



by imprisonment in the county jail for not less than 180 days nor



more than one year.  In no event does the court have the power to



absolve a person convicted of a violation of subdivision (a) that is



punishable under this subdivision from the obligation of spending at



least 180 days in confinement in the county jail unless there are no



licensed drug rehabilitation programs reasonably available.



   For the purpose of this section, a drug rehabilitation program



shall not be considered reasonably available unless the person is



required to pay no more than the court determines that he or she is



reasonably able to pay, in order to participate in the program.



   (c) The court may, when it would be in the interest of justice,



permit any person convicted of a violation of subdivision (a)



punishable under subdivision (a) or (b) to complete a licensed drug



rehabilitation program in lieu of part or all of the imprisonment in



the county jail.  As a condition of sentencing, the court may require



the offender to pay all or a portion of the drug rehabilitation



program.



   In order to alleviate jail overcrowding and to provide recidivist



offenders with a reasonable opportunity to seek rehabilitation



pursuant to this subdivision, counties are encouraged to include



provisions to augment licensed drug rehabilitation programs in their



substance abuse proposals and applications submitted to the state for



federal and state drug abuse funds.



   (d) In addition to any fine assessed under this section, the judge



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



person who violates this section, 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.



   (e) Notwithstanding subdivisions (a) and (b) or any other



provision of law, any person who is unlawfully under the influence of



cocaine, cocaine base, heroin, methamphetamine, or phencyclidine



while in the immediate personal possession of a loaded, operable



firearm is guilty of a public offense punishable by imprisonment in



county jail for not exceeding one year or in state prison.



   As used in this subdivision "immediate personal possession"



includes, but is not limited to, the interior passenger compartment



of a motor vehicle.



   (f) Every person who violates subdivision (e) is punishable upon



the second and each subsequent conviction by imprisonment in the



state prison for two, three, or four years.



   (g) Nothing in this section prevents diversion of a person under



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



the Penal Code unless the person is charged with violating



subdivision (b) or (c) of Section 243 of the Penal Code.  A person



charged with violating this section by being under the influence of



any controlled substance 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 and with violating either



subdivision (b) or (c) of Section 243 of the Penal Code or with a



violation of subdivision (e) shall be ineligible for diversion.















11551.  (a) Whenever any court in this state grants probation to a



person who the court has reason to believe is or has been a user of



controlled substances, the court may require as a condition to



probation that the probationer submit to periodic tests by a city or



county health officer, or by a physician and surgeon appointed by the



city or county health officer with the approval of the Attorney



General, to determine, by whatever means is available, whether the



probationer is addicted to a controlled substance.



   In any case provided for in this subdivision, the city or county



health officer, or the physician and surgeon appointed by the city or



county health officer with the approval of the Attorney General



shall report the results of the tests to the probation officer.



   (b) In any case in which a person is granted parole by a county



parole board and the person is or has been a user of controlled



substances, a condition of the parole may be that the parolee undergo



periodic tests as provided in subdivision (a) and that the county or



city health officer, or the physician and surgeon appointed by the



city or county health officer with the approval of the Attorney



General, shall report the results to the board.



   (c) In any case in which any state agency grants a parole to a



person who is or has been a user of controlled substances, it may be



a condition of the parole that the parolee undergo periodic tests as



provided in subdivision (a) and that the county or city health



officer, or the physician and surgeon appointed by the city or county



health officer with the approval of the Attorney General, shall



report the results of the tests to such state agency.



   (d) The cost of administering tests pursuant to subdivisions (a)



and (b) shall be a charge against the county.  The cost of



administering tests pursuant to subdivision (c) shall be paid by the



state.



   (e) The state department, in conjunction with the Attorney



General, shall issue regulations governing the administering of the



tests provided for in this section and providing the form of the



report required by this section.















11552.  In any case in which a person has been arrested for a



criminal offense and is suspected of being addicted to a controlled



substance, a law enforcement officer having custody of such person



may, with the written consent of such person, request the city or



county health officer, or physician appointed by such health officer



pursuant to Section 11551, to administer to the arrested person a



test to determine, by whatever means is available whether the



arrested person is addicted to a controlled substance, and such



health officer or physician may administer such test to such arrested



person.











11553.  The fact that a person is or has been, or is suspected of



being, a user of marijuana is not alone sufficient grounds upon which



to invoke Section 11551 or 11552.



   This section shall not be construed to limit the discretion of a



judge to invoke Section 11551 or 11552 if the court has reason to



believe a person is or has been a user of narcotics or drugs other



than marijuana.











11554.  The rehabilitation of persons addicted to controlled



substances and the prevention of continued addiction to controlled



substances is a matter of statewide concern.  It is the policy of the



state to encourage each county and city and county to make use,



whenever applicable, of testing procedures to determine addiction to



controlled substances or the absence thereof, and to foster research



in means of detecting the existence of addiction to controlled



substances and in medical methods and procedures for that purpose.















11555.  The Attorney General is directed to promote and sponsor the



use by agencies of local government of the provisions of this



article.  The Attorney General may assist such agencies to establish



facilities for, and to train personnel to conduct testing procedures



pursuant to Section 11551, and may conduct demonstrations thereof for



limited periods.  For these purposes the Attorney General may



procure such medical supplies, equipment, and temporary services of



physicians and qualified consultants as may reasonably be necessary.



Subject to the availability of funds appropriated for the purpose,



the Attorney General may contract with any county or city and county



which undertakes to establish facilities and a testing program



pursuant to Section 11551, and such contract may provide for payment



by the state of such costs of initially establishing and



demonstrating such program as the Attorney General may approve.
Back To California Laws - Back To Your Safety


[ Recursos en Español ]
[ site map ]

Your Safety | Enforcement | Identification | Drugs & Youth | Endangered Kids
Prevention | Treatment | Links | Media | Events | The Fight