CHAPTER 6. Offenses and Penalties [11350. - 11395.]

Chapter 6 added by Stats. 1972, Ch. 1407.

§§ 11350–11395 · 122 sections

1. ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics §§ 11350–11356.6 · 18 sections

   • § 11350 (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph…
   • § 11350.5 (a) Except as otherwise provided in this division, every person who possesses a controlled substance specified in paragraph (3) of subdivision (e) of Section…
   • § 11351 Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in…
   • § 11351.5 Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale cocaine base, which is specified in…
   • § 11352 (a) Except as otherwise provided in this division, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or…
   • § 11352.1 (a) The Legislature hereby declares that the dispensing and furnishing of prescription drugs, controlled substances, and dangerous drugs or dangerous devices…
   • § 11352.5 The court shall impose a fine not exceeding fifty thousand dollars ($50,000), in the absence of a finding that the defendant would be incapable of paying such…
   • § 11353 Every person 18 years of age or over, (a) who in any voluntary manner solicits, induces, encourages, or intimidates any minor with the intent that the minor…
   • § 11353.1 (a) Notwithstanding any other provision of law, any person 18 years of age or over who is convicted of a violation of Section 11353, in addition to the…
   • § 11353.4 (a) Any person 18 years of age or older who is convicted for a second or subsequent time of violating Section 11353, as that section applies to paragraph (1)…
   • § 11353.5 Except as authorized by law, any person 18 years of age or older who unlawfully prepares for sale upon school grounds or a public playground, a child day care…
   • § 11353.6 (a) This section shall be known, and may be cited, as the Juvenile Drug Trafficking and Schoolyard Act of 1988. (b) Any person 18 years of age or over who is…
   • § 11353.7 Except as authorized by law, and except as provided otherwise in Sections 11353.1, 11353.6, and 11380.1 with respect to playgrounds situated in a public park,…
   • § 11354 (a) Every person under the age of 18 years who in any voluntary manner solicits, induces, encourages, or intimidates any minor with the intent that the minor…
   • § 11355 Every person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, administer, or give (1) any controlled substance specified…
   • § 11356 As used in this article “felony offense,” and “offense punishable as a felony” refer to an offense prior to October 1, 2011, for which the law prescribes…
   • § 11356.5 (a) Any person convicted of a violation of Section 11351, 11352, 11379.5, or 11379.6 insofar as the latter section relates to phencyclidine or any of its…
   • § 11356.6 (a) The court shall refer a defendant subject to paragraph (4) of subdivision (a) of Section 11373 only to a fentanyl and synthetic opiate education program…
2. ARTICLE 2. Cannabis §§ 11357–11362.9 · 19 sections

   • § 11357 (a) Except as authorized by law, possession of not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, or both, shall be…
   • § 11357.5 (a) Every person who sells, dispenses, distributes, advertises through labeling or marketing, furnishes, administers, or gives, or offers to sell, dispense,…
   • § 11358 Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished…
   • § 11359 Every person who possesses for sale any cannabis, except as otherwise provided by law, shall be punished as follows: (a) Every person under the age of 18 who…
   • § 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,…
   • § 11361 (a) A person 18 years of age or over who hires, employs, or uses a minor in unlawfully transporting, carrying, selling, giving away, preparing for sale, or…
   • § 11361.1 (a) The drug education and counseling requirements under Sections 11357, 11358, 11359, and 11360 shall be: (1) Mandatory, unless the court finds that such drug…
   • § 11361.5 (a) Records of any court of this state, any public or private agency that provides services upon referral under Section 1000.2 of the Penal Code, or of any…
   • § 11361.7 (a) Any record subject to destruction or permanent obliteration pursuant to Section 11361.5, or more than two years of age, or a record of a conviction for an…
   • § 11361.8 (a) A person currently serving a sentence for a conviction, whether by trial or by open or negotiated plea, who would not have been guilty of an offense, or…
   • § 11361.9 (a) On or before July 1, 2019, the Department of Justice shall review the records in the state summary criminal history information database and shall identify…
   • § 11362 As used in this article “felony offense,” and offense “punishable as a felony” refer to an offense prior to July 1, 2011, for which the law prescribes…
   • § 11362.1 (a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law,…
   • § 11362.2 (a) Personal cultivation of cannabis under paragraph (3) of subdivision (a) of Section 11362.1 is subject to the following restrictions: (1) A person shall…
   • § 11362.3 (a) Section 11362.1 does not permit any person to: (1) Smoke or ingest cannabis or cannabis products in a public place, except in accordance with Section 26200…
   • § 11362.4 (a) A person who engages in the conduct described in paragraph (1) of subdivision (a) of Section 11362.3 is guilty of an infraction punishable by no more than…
   • § 11362.45 Section 11362.1 does not amend, repeal, affect, restrict, or preempt: (a) Laws making it unlawful to drive or operate a vehicle, boat, vessel, or aircraft,…
   • § 11362.5 (a) This section shall be known and may be cited as the Compassionate Use Act of 1996. (b) (1) The people of the State of California hereby find and declare…
   • § 11362.9 (a) (1) It is the intent of the Legislature that the state commission objective scientific research by the premier research institute of the world, the…
3. ARTICLE 2.5. Medical Marijuana Program §§ 11362.7–11362.85 · 25 sections

   • § 11362.7 For purposes of this article, the following definitions shall apply: (a) “Attending physician” means an individual who possesses a license in good standing to…
   • § 11362.71 (a) (1) The department shall establish and maintain a voluntary program for the issuance of identification cards to qualified patients who satisfy the…
   • § 11362.712 (a) Commencing on January 1, 2018, a qualified patient must possess a physician’s recommendation that complies with Article 25 (commencing with Section 2525)…
   • § 11362.713 (a) Information identifying the names, addresses, or social security numbers of patients, their medical conditions, or the names of their primary caregivers,…
   • § 11362.715 (a) A person who seeks an identification card shall pay the fee, as provided in Section 11362.755, and provide all of the following to the county health…
   • § 11362.72 (a) Within 30 days of receipt of an application for an identification card, a county health department or the county’s designee shall do all of the following:…
   • § 11362.735 (a) An identification card issued by the county health department shall be serially numbered and shall contain all of the following: (1) A unique user…
   • § 11362.74 (a) The county health department or the county’s designee may deny an application only for any of the following reasons: (1) The applicant did not provide the…
   • § 11362.745 (a) An identification card shall be valid for a period of one year. (b) Upon annual renewal of an identification card, the county health department or its…
   • § 11362.755 (a) Each county health department or the county’s designee may charge a fee for all costs incurred by the county or the county’s designee for administering the…
   • § 11362.76 (a) A person who possesses an identification card shall: (1) Within seven days, notify the county health department or the county’s designee of any change in…
   • § 11362.765 (a) Subject to the requirements of this article, the individuals specified in subdivision (b) shall not be subject, on that sole basis, to criminal liability…
   • § 11362.768 (a) This section shall apply to individuals specified in subdivision (b) of Section 11362.765. (b) No medicinal cannabis cooperative, collective, dispensary,…
   • § 11362.769 Indoor and outdoor medical cannabis cultivation shall be conducted in accordance with state and local laws. State agencies, including, but not limited to, the…
   • § 11362.77 (a) A qualified patient or primary caregiver may possess no more than eight ounces of dried cannabis per qualified patient. In addition, a qualified patient or…
   • § 11362.78 A state or local law enforcement agency or officer shall not refuse to accept an identification card issued pursuant to this article unless the state or local…
   • § 11362.785 (a) Nothing in this article shall require any accommodation of medicinal use of cannabis on the property or premises of a place of employment or during the…
   • § 11362.79 This article does not authorize a qualified patient or person with an identification card to engage in the smoking of medicinal cannabis under any of the…
   • § 11362.795 (a) (1) Any criminal defendant who is eligible to use cannabis pursuant to Section 11362.5 may request that the court confirm that he or she is allowed to use…
   • § 11362.8 A professional licensing board shall not impose a civil penalty or take other disciplinary action against a licensee based solely on the fact that the licensee…
   • § 11362.81 (a) A person specified in subdivision (b) shall be subject to the following penalties: (1) For the first offense, imprisonment in the county jail for no more…
   • § 11362.82 If any section, subdivision, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court of competent…
   • § 11362.83 Nothing in this article shall prevent a city or other local governing body from adopting and enforcing any of the following: (a) Adopting local ordinances that…
   • § 11362.84 The status and conduct of a qualified patient who acts in accordance with the Compassionate Use Act shall not, by itself, be used to restrict or abridge…
   • § 11362.85 Upon a determination by the California Attorney General that the federal schedule of controlled substances has been amended to reclassify or declassify…
4. ARTICLE 3. Peyote § 11363 · 1 section

   • § 11363 Every person who plants, cultivates, harvests, dries, or processes any plant of the genus Lophophora, also known as peyote, or any part thereof shall be…
5. ARTICLE 4. Miscellaneous Offenses and Provisions §§ 11364–11376.6 · 33 sections

   • § 11364 (a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled…
   • § 11364.5 (a) Except as authorized by law, a person shall not maintain or operate a place of business in which drug paraphernalia is kept, displayed, or offered in any…
   • § 11364.7 (a) (1) Except as authorized by law, a person who delivers, furnishes, or transfers, possesses with intent to deliver, furnish, or transfer, or manufactures…
   • § 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)…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 11367 All duly authorized peace officers, while investigating violations of this division in performance of their official duties, and any person working under their…
   • § 11367.5 (a) Any sheriff, chief of police, the Chief of the Division of Law Enforcement, or the Commissioner of the California Highway Patrol, or a designee thereof,…
   • § 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…
   • § 11369 (a) This section shall be known, and may be cited, as Alexandra’s Law. (b) The court shall advise a person who is convicted of, or who pleads guilty or no…
   • § 11370 (a) A person convicted of violating Section 11353 or 11361, or of committing an offense referred to in those sections, shall not, except as provided in…
   • § 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…
   • § 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…
   • § 11370.4 (a) (1) A 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,…
   • § 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…
   • § 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…
   • § 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…
   • § 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),…
   • § 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,…
   • § 11372.5 (a) Every person who is convicted of a violation of Section 11350, 11351, 11351.5, 11352, 11355, 11358, 11359, 11361, 11363, 11364,
   • § 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…
   • § 11373 (a) (1) When a person who is otherwise eligible for probation is granted probation by the trial court or sentenced pursuant to subdivision (h) of Section 1170…
   • § 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…
   • § 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, or is a byproduct…
   • § 11375 (a) As to the substances specified in subdivision (c), this section, and not Sections 11377, 11378, 11379, and 11380, shall apply. (b) (1) Every person who… see note
   • § 11375.5 (a) Every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute, furnish, administer, or give,…
   • § 11375.7 (a) Unless otherwise excluded pursuant to this section, a person charged with a misdemeanor pursuant to paragraph (3) of subdivision (b) of Section 11357.5 or…
   • § 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…
   • § 11376.5 (a) (1) Notwithstanding any other law, it shall not be a crime for a person to be under the influence of, or to possess for personal use, a controlled…
   • § 11376.6 (a) (1) Notwithstanding any other law, it shall not be a crime for a person to possess for personal use a controlled substance, controlled substance analog, or…
6. ARTICLE 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs §§ 11377–11382.5 · 17 sections

   • § 11377 (a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of…
   • § 11377.5 (a) Except as otherwise provided in this division, every person who possesses any controlled substance specified in paragraph (11) of subdivision (c) of, or…
   • § 11378 Except as otherwise provided in Article 7 (commencing with Section 4110) of Chapter 9 of Division 2 of the Business and Professions Code, a person who…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 11379.6 (a) Except as otherwise provided by law, every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or…
   • § 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…
   • § 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…
   • § 11379.9 (a) 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…
   • § 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,…
   • § 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…
   • § 11380.7 (a) Notwithstanding any other provision of law, any person who is convicted of trafficking in heroin, cocaine, cocaine base, methamphetamine, or phencyclidine…
   • § 11381 As used in this article “felony offense” and offense “punishable as a felony” refer to an offense prior to October 1, 2011, for which the law prescribes…
   • § 11382 Every person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, administer, or give any controlled substance which is (a)…
   • § 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…
7. ARTICLE 6. Precursors of Phencyclidine (PCP) and Methamphetamine §§ 11383–11384 · 5 sections

   • § 11383 (a) Any person who possesses at the same time any of the following combinations, a combination product thereof, or possesses any compound or mixture containing…
   • § 11383.5 (a) Any person who possesses both methylamine and phenyl-2-propanone (phenylacetone) at the same time with the intent to manufacture methamphetamine, or who…
   • § 11383.6 (a) Any person who possesses at the same time any of the following combinations, a combination product thereof, or possesses any compound or mixture containing…
   • § 11383.7 (a) Any person who possesses both methylamine and phenyl-2-propanone (phenylacetone) at the same time with the intent to sell, transfer, or otherwise furnish…
   • § 11384 The Board of Pharmacy shall, by regulation, authorize such persons to possess any combinations of substance specified in subdivision (a) or (b) of Section…
8. ARTICLE 7. Mushrooms §§ 11390–11392 · 3 sections

   • § 11390 Except as otherwise authorized by law, every person who, with intent to produce a controlled substance specified in paragraph (18) or (19) of subdivision (d)…
   • § 11391 (a) Except as otherwise authorized by law, every person who transports, imports into this state, sells, furnishes, gives away, or offers to transport, import…
   • § 11392 Spores or mycelium capable of producing mushrooms or other material which contains psilocyn or psyoclyin may be lawfuly obtained and used for bona fide…
9. ARTICLE 8. Treatment-Mandated Felony § 11395 · 1 section

   • § 11395 (a) This article shall be known and cited as the Treatment-Mandated Felony Act. (b) (1) Notwithstanding any other law, and except as provided in subdivision…