DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000. - 11651.]
Division 10 repealed and added by Stats. 1972, Ch. 1407.
§§ 11000–11651 · 380 sections
CHAPTER 1. General Provisions and Definitions §§ 11000–11033 · 38 sections
- § 11000 This division shall be known as the “California Uniform Controlled Substances Act.”
- § 11001 Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- § 11002 “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient…
- § 11003 “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or…
- § 11004 “Attorney General” means the Attorney General of the State of California.
- § 11005 “Board of Pharmacy” means the California State Board of Pharmacy.
- § 11006.5 (a) Before January 1, 2026, “concentrated cannabis” means the separated resin, whether crude or purified, obtained from cannabis. (b) Beginning on January 1,…
- § 11007 “Controlled substance,” unless otherwise specified, means a drug, substance, or immediate precursor which is listed in any schedule in Section 11054, 11055,…
- § 11008 “Customs broker” means a person in this state who is authorized to act as a broker for any of the following: (a) A person in this state who is licensed to…
- § 11009 “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an…
- § 11010 “Dispense” means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the…
- § 11011 “Dispenser” means a practitioner who dispenses.
- § 11012 “Distribute” means to deliver other than by administering or dispensing a controlled substance.
- § 11013 “Distributor” means a person who distributes. The term distributor also includes warehousemen handling or storing controlled substances and customs brokers.
- § 11014 “Drug” means (a) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or…
- § 11014.5 (a) “Drug paraphernalia” means all equipment, products, and materials of any kind that are designed for use or marketed for use, in planting, propagating,…
- § 11015 “Federal bureau” means the Drug Enforcement Administration of the United States Department of Justice, or its successor agency.
- § 11016 “Furnish” has the same meaning as provided in Section 4048.5 of the Business and Professions Code.
- § 11017 “Manufacturer” has the same meaning as provided in Section 4034 of the Business and Professions Code.
- § 11018 “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin…
- § 11018.1 (a) “Cannabis products” means a product containing cannabis or cannabis concentrate and includes, but is not limited to, edible, topical, and inhaled products,…
- § 11018.2 “Cannabis accessories” means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating,…
- § 11018.5 (a) (1) “Industrial hemp” or “hemp” means types of the plant Cannabis sativa Linnaeus or any part of that plant with a total tetrahydrocannabinol concentration…
- § 11019 “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by…
- § 11020 “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug…
- § 11021 “Opium poppy” means the plant of the species Papaver somniferum L., except its seeds.
- § 11022 “Person” means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability…
- § 11023 “Pharmacy” has the same meaning as provided in Section 4035 of the Business and Professions Code.
- § 11024 “Physician,” “dentist,” “podiatrist,” “pharmacist,” “veterinarian,” and “optometrist” means persons who are licensed to practice their respective professions…
- § 11025 “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.
- § 11026 “Practitioner” means any of the following: (a) A physician, dentist, veterinarian, podiatrist, or pharmacist acting within the scope of a project authorized…
- § 11027 (a) “Prescription” means an oral order or electronic transmission prescription for a controlled substance given individually for the person(s) for whom…
- § 11029 “Production” includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.
- § 11029.5 “Security printer” means a person approved to produce controlled substance prescription forms pursuant to Section 11161.5.
- § 11030 “Ultimate user” means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering…
- § 11031 “Wholesaler” has the same meaning as provided in Section 4038 of the Business and Professions Code.
- § 11032 If reference is made to the term “narcotics” in any law not in this division, unless otherwise expressly provided, it means those controlled substances…
- § 11033 As used in this division, except as otherwise defined, the term “isomer” includes optical and geometrical (diastereomeric) isomers.
CHAPTER 2. Standards and Schedules §§ 11053–11059 · 7 sections
- § 11053 The controlled substances listed or to be listed in the schedules in this chapter are included by whatever official, common, usual, chemical, or trade name…
- § 11054 (a) The controlled substances listed in this section are included in Schedule I. (b) Opiates. Unless specifically excepted or unless listed in another…
- § 11055 (a) The controlled substances listed in this section are included in Schedule II. (b) Any of the following substances, except those narcotic drugs listed in…
- § 11056 (a) The controlled substances listed in this section are included in Schedule III. (b) Stimulants. Unless specifically excepted or unless listed in another…
- § 11057 (a) The controlled substances listed in this section are included in Schedule IV. (b) Schedule IV shall consist of the drugs and other substances, by whatever…
- § 11058 (a) The controlled substances listed in this section are included in Schedule V. (b) Schedule V shall consist of the drugs and other substances, by whatever…
- § 11059 (a) Specific compounds, mixtures, or preparations that contain a nonnarcotic controlled substance in combination with a derivative of barbituric acid or any…
CHAPTER 3. Regulation and Control §§ 11100–11111 · 17 sections
ARTICLE 1. Reporting §§ 11100–11111 · 17 sections
- § 11100 (a) Any manufacturer, wholesaler, retailer, or other person or entity in this state that sells, transfers, or otherwise furnishes any of the following…
- § 11100.05 (a) In addition to any fine or imprisonment imposed under subdivision (f) of Section 11100 or subdivision (j) of Section 11106 of the Health and Safety Code,…
- § 11100.1 (a) Any manufacturer, wholesaler, retailer, or other person or entity in this state that obtains from a source outside of this state any substance specified in…
- § 11101 The State Department of Justice shall provide a common reporting form for the substances in Section 11100 which contains at least the following information:…
- § 11102 The Department of Justice may adopt all regulations necessary to carry out the provisions of this part.
- § 11103 The theft or loss of any substance regulated pursuant to Section 11100 discovered by any permittee or any person regulated by the provisions of this chapter…
- § 11104 (a) Any manufacturer, wholesaler, retailer, or other person or entity that sells, transfers, or otherwise furnishes any of the substances listed in subdivision…
- § 11104.5 Any person who knowingly or intentionally possesses any laboratory glassware or apparatus, any chemical reagent or solvent, or any combination thereof, or any…
- § 11105 (a) It is unlawful for any person to knowingly make a false statement in connection with any report or record required under this article. (b) (1) Any person…
- § 11106 (a) (1) (A) Any manufacturer, wholesaler, retailer, or any other person or entity in this state that sells, transfers, or otherwise furnishes any substance…
- § 11106.5 (a) The Department of Justice, or an administrative law judge sitting alone as provided in subdivision (h), may upon petition issue an interim order suspending…
- § 11106.7 (a) The Department of Justice may establish, by regulation, a system for the issuance to a permittee of a citation which may contain an order of abatement or…
- § 11107 (a) Any manufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity in this state or any other state, any…
- § 11107.1 (a) Any manufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity in this state or any other state any…
- § 11107.2 (a) Except as otherwise provided in subdivision (b), it is unlawful for a manufacturer, wholesaler, reseller, retailer, or other person or entity to sell to…
- § 11110 (a) It shall be an infraction, punishable by a fine not exceeding two hundred fifty dollars ($250), for any person, corporation, or retail distributor to…
- § 11111 A person, corporation, or retail distributor that sells or makes available products containing dextromethorphan, as defined in subdivision (a) of Section…
CHAPTER 4. Prescriptions §§ 11150–11209 · 57 sections
ARTICLE 1. Requirements of Prescriptions §§ 11150–11180 · 46 sections
- § 11150 No person other than a physician, dentist, podiatrist, or veterinarian, or naturopathic doctor acting pursuant to Section 3640.7 of the Business and…
- § 11150.2 (a) Notwithstanding any other law, if cannabinoids are excluded from Schedule I of the federal Controlled Substances Act and placed on a schedule of the act…
- § 11150.3 (a) Notwithstanding any other law, if a substance listed in Schedule I of Section 11054 is excluded from Schedule I of the federal Controlled Substances Act…
- § 11150.6 Notwithstanding Section 11150.5 or subdivision (a) of Section 11054, methaqualone, its salts, isomers, and salts of its isomers shall be deemed to be…
- § 11151 A prescription written by an unlicensed person lawfully practicing medicine pursuant to Section 2065 of the Business and Professions Code, shall be filled only…
- § 11152 No person shall write, issue, fill, compound, or dispense a prescription that does not conform to this division.
- § 11153 (a) A prescription for a controlled substance shall only be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of…
- § 11153.5 (a) No wholesaler or manufacturer, or agent or employee of a wholesaler or manufacturer, shall furnish controlled substances for other than legitimate medical…
- § 11154 (a) Except in the regular practice of his or her profession, no person shall knowingly prescribe, administer, dispense, or furnish a controlled substance to or…
- § 11155 Any physician, who by court order or order of any state or governmental agency, or who voluntarily surrenders his controlled substance privileges, shall not…
- § 11156 (a) Except as provided in Section 2241 of the Business and Professions Code, no person shall prescribe for, or administer, or dispense a controlled substance…
- § 11157 No person shall issue a prescription that is false or fictitious in any respect.
- § 11158 (a) Except as provided in Section 11159 or in subdivision (b) of this section, no controlled substance classified in Schedule II shall be dispensed without a…
- § 11158.1 (a) Except when a patient is being treated as set forth in Sections 11159, 11159.2, and 11167.5, and Article 2 (commencing with Section 11215) of Chapter 5,…
- § 11159 An order for controlled substances for use by a patient in a county or licensed hospital shall be exempt from all requirements of this article, but shall be in…
- § 11159.1 An order for controlled substances furnished to a patient in a clinic which has a permit issued pursuant to Article 13 (commencing with Section 4180) of…
- § 11159.2 (a) Notwithstanding any other provision of law, a prescription for a controlled substance for use by a patient who has a terminal illness may be written on a…
- § 11159.3 (a) Notwithstanding any other law, during a declared local, state, or federal emergency, if the California State Board of Pharmacy issues a notice that the…
- § 11161 (a) When a practitioner is named in a warrant of arrest or is charged in an accusatory pleading with a felony violation of Section 11153, 11154, 11156, 11157,…
- § 11161.5 (a) Prescription forms for controlled substance prescriptions shall be obtained from security printers approved by the Department of Justice. (b) The…
- § 11161.7 (a) When a prescriber’s authority to prescribe controlled substances is restricted by civil, criminal, or administrative action, or by an order of the court…
- § 11162.1 (a) The prescription forms for controlled substances shall be printed with the following features: (1) A latent, repetitive “void” pattern shall be printed…
- § 11162.2 (a) Notwithstanding any other law, the uniquely serialized number described in paragraph (15) of subdivision (a) of Section 11162.1 shall not be a required…
- § 11162.5 (a) Every person who counterfeits a prescription blank purporting to be an official prescription blank prepared and issued pursuant to Section 11161.5, or…
- § 11162.6 (a) Every person who counterfeits a controlled substance prescription form shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not…
- § 11164 Except as provided in Section 11167, no person shall prescribe a controlled substance, nor shall any person fill, compound, or dispense a prescription for a…
- § 11164.1 (a) (1) Notwithstanding any other law, a prescription for a controlled substance issued by a prescriber in another state for delivery to a patient in another…
- § 11164.5 (a) Notwithstanding Section 11164, if only recorded and stored electronically, on magnetic media, or in any other computerized form, the pharmacy’s or…
- § 11165 (a) To assist health care practitioners in their efforts to ensure appropriate prescribing, ordering, administering, furnishing, and dispensing of controlled…
- § 11165.1 (a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, Schedule IV, or Schedule…
- § 11165.2 (a) The Department of Justice may conduct audits of the CURES Prescription Drug Monitoring Program system and its users. (b) The Department of Justice may…
- § 11165.3 The theft or loss of prescription forms shall be reported immediately by the security printer or affected prescriber to the CURES Prescription Drug Monitoring…
- § 11165.4 (a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance shall consult the patient activity…
- § 11165.5 (a) The Department of Justice may seek voluntarily contributed private funds from insurers, health care service plans, qualified manufacturers, and other…
- § 11165.6 A prescriber shall be allowed to access the CURES database for a list of patients for whom that prescriber is listed as a prescriber in the CURES database.
- § 11166 No person shall fill a prescription for a controlled substance after six months has elapsed from the date written on the prescription by the prescriber. No…
- § 11167 Notwithstanding subdivision (a) of Section 11164, in an emergency where failure to issue a prescription may result in loss of life or intense suffering, an…
- § 11167.5 (a) An order for a controlled substance classified in Schedule II for a patient of a licensed skilled nursing facility, a licensed intermediate care facility,…
- § 11170 No person shall prescribe, administer, or furnish a controlled substance for himself.
- § 11171 No person shall prescribe, administer, or furnish a controlled substance except under the conditions and in the manner provided by this division.
- § 11172 No person shall antedate or postdate a prescription.
- § 11173 (a) No person shall obtain or attempt to obtain controlled substances, or procure or attempt to procure the administration of or prescription for controlled…
- § 11174 No person shall, in connection with the prescribing, furnishing, administering, or dispensing of a controlled substance, give a false name or false address.
- § 11175 No person shall obtain or possess a prescription that does not comply with this division, nor shall any person obtain a controlled substance by means of a…
- § 11179 A person who fills a prescription shall keep it on file for at least three years from the date of filling it.
- § 11180 No person shall obtain or possess a controlled substance obtained by a prescription that does not comply with this division.
ARTICLE 2. Prescriber’s Record §§ 11190–11192 · 3 sections
- § 11190 (a) Every practitioner, other than a pharmacist, who prescribes or administers a controlled substance classified in Schedule II shall make a record that, as to…
- § 11191 The record shall be preserved for three years. Every person who violates any provision of this section is guilty of a misdemeanor.
- § 11192 In a prosecution for a violation of Section 11190, proof that a defendant received or has had in his possession at any time a greater amount of controlled…
ARTICLE 3. Copies of Prescriptions § 11195 · 1 section
- § 11195 Whenever the pharmacist’s copy of a controlled substance prescription is removed by a peace officer, agent of the Attorney General, or inspector of the Board…
ARTICLE 4. Refilling Prescriptions §§ 11200–11201 · 2 sections
- § 11200 (a) No person shall dispense or refill a controlled substance prescription more than six months after the date thereof. (b) No prescription for a Schedule III…
- § 11201 A prescription for a controlled substance, except those appearing in schedule II, may be refilled without the prescriber’s authorization if the prescriber is…
ARTICLE 5. Pharmacists’ Records §§ 11205–11209 · 5 sections
- § 11205 The owner of a pharmacy or any person who purchases a controlled substance upon federal order forms as required pursuant to the provisions of the Federal…
- § 11206 Filed prescriptions shall constitute a transaction record that, together with information that is readily retrievable in the pharmacy pursuant to Section 11164…
- § 11207 (a) No person other than a pharmacist as defined in Section 4036 of the Business and Professions Code or an intern pharmacist, as defined in Section 4030 of…
- § 11208 In a prosecution under this division, proof that a defendant received or has had in his possession at any time a greater amount of controlled substances than…
- § 11209 (a) No person shall deliver Schedule II, III, or IV controlled substances to a pharmacy or pharmacy receiving area, nor shall any person receive controlled…
CHAPTER 5. Use of Controlled Substances §§ 11210–11306 · 27 sections
ARTICLE 1. Lawful Medical Use Other Than Treatment of Addicts §§ 11210–11213 · 4 sections
- § 11210 A physician, surgeon, dentist, veterinarian, naturopathic doctor acting pursuant to Section 3640.7 of the Business and Professions Code, or podiatrist, or…
- § 11211 In order to provide a supply of controlled substances as may be necessary to handle emergency cases, any hospital which does not employ a resident pharmacist…
- § 11212 Persons who, under applicable federal laws or regulations, are lawfully entitled to use controlled substances for the purpose of research, instruction, or…
- § 11213 (a) Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule I, Schedule II, or both, controlled substances for the…
ARTICLE 2. Treatment of Addicts for Addiction §§ 11215–11223 · 8 sections
- § 11215 (a) Except as provided in subdivision (b), any narcotic controlled substance employed in treating a person with substance use disorder for addiction shall be…
- § 11217 Except as provided in Section 11223, no person shall treat a person with substance use disorder for addiction to a narcotic drug except in one of the…
- § 11217.5 Notwithstanding the provisions of Section 11217, a licensed physician and surgeon may treat a person with substance use disorder for addiction in any office or…
- § 11218 A physician treating a person with substance use disorder for addiction may not prescribe for or furnish to the person with substance use disorder more than…
- § 11219 After 15 days of treatment, the physician may not prescribe for or furnish to the person with substance use disorder more than any one of the following amounts…
- § 11220 At the end of 30 days from the first treatment, the prescribing or furnishing of controlled substances, except medications approved by the federal Food and…
- § 11222 In any case in which a person is taken into custody by arrest or other process of law and is lodged in a jail or other place of confinement, and there is…
- § 11223 Notwithstanding any other provision of law, a physician and surgeon who is registered with the federal Attorney General pursuant to Section 823(g) of Title 21…
ARTICLE 3. Veterinarians §§ 11240–11241 · 2 sections
ARTICLE 4. Sale Without Prescription §§ 11250–11256 · 6 sections
- § 11250 (a) No prescription is required in case of the sale of controlled substances at retail in pharmacies by pharmacists to any of the following: (1) Physicians.…
- § 11251 No prescription is required in case of sales at wholesale by pharmacies, jobbers, wholesalers, and manufacturers to any of the following: (a) Pharmacies as…
- § 11252 All wholesale jobbers, wholesalers, and manufacturers, mentioned in this division shall keep, in a manner readily accessible, the written orders or blank forms…
- § 11253 The written orders or blank forms shall be preserved for at least three years after the date of the last entry made.
- § 11255 The taking of any order, or making of any contract or agreement, by any traveling representative or employee of any person for future delivery in this state,…
- § 11256 Within 24 hours after any purchaser in this state gives any order for a controlled substance classified in Schedule II to, or makes any contract or agreement…
ARTICLE 5. Controlled Substance Checking Services §§ 11300–11306 · 7 sections
- § 11300 For the purposes of this article, the following terms shall have the following meanings: (a) “Controlled substance analog” has the same meaning as described in…
- § 11301 Notwithstanding any other law, it is not a violation of this division for a controlled substance checking service provider to do any of the following solely…
- § 11302 Notwithstanding Section 11306, in operating a controlled substance checking service, personally identifiable information may be collected from a service user…
- § 11303 (a) A program, employee, contractor, volunteer, owner, or other person acting in the good faith provision of controlled substance checking services and acting…
- § 11304 (a) An individual possessing a controlled substance or a controlled substance analog who is engaged in obtaining controlled substances checking services from a…
- § 11305 Utilizing a controlled substance checking service shall not serve as the basis for, or a fact contributing to the existence of, reasonable suspicion or…
- § 11306 (a) A government agency, controlled substances checking service provider, or agent thereof, shall not collect, maintain, use, or disclose any personal…
CHAPTER 6. Offenses and Penalties §§ 11350–11395 · 122 sections
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…
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…
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…
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…
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…
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…
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…
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…
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…
CHAPTER 6.5. Analogs §§ 11400–11401 · 2 sections
- § 11400 The Legislature finds and declares that the laws of this state which prohibit the possession, possession for sale, offer for sale, sale, manufacturing, and…
- § 11401 (a) A controlled substance analog shall, for the purposes of Chapter 6 (commencing with Section 11350), be treated the same as the controlled substance…
CHAPTER 7. Department of Justice §§ 11450–11454 · 2 sections
- § 11450 The Attorney General may, in conformity with the State Civil Service Act, Part 2 (commencing with Section 18500), Division 5, Title 2 of the Government Code,…
- § 11454 The Attorney General and the agents appointed by him, when authorized so to do by the Attorney General, may expend such sums as the Attorney General deems…
CHAPTER 8. Seizure and Disposition §§ 11469–11495 · 41 sections
- § 11469 In order to ensure the proper utilization of the laws permitting the seizure and forfeiture of property under this chapter, the Legislature hereby establishes…
- § 11470 The following are subject to forfeiture: (a) All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this…
- § 11470.1 (a) The expenses of seizing, eradicating, destroying, or taking remedial action with respect to, any controlled substance or its precursors shall be…
- § 11470.2 (a) In lieu of a civil action for the recovery of expenses as provided in Section 11470.1, the prosecuting attorney in a criminal proceeding may, upon…
- § 11470.3 (a) Section 11470 shall be applicable to property owned by, or in the possession of, minors. (b) The procedures for the forfeiture of property that comes…
- § 11470.4 The provisions of this chapter apply to any minor who has been found to be a person described in Section 602 of the Welfare and Institutions Code because of a…
- § 11471 Property subject to forfeiture under this division may be seized by any peace officer upon process issued by any court having jurisdiction over the property.…
- § 11471.2 (a) State or local law enforcement authorities shall not refer or otherwise transfer property seized under state law authorizing the seizure of property to a…
- § 11471.5 A peace officer making a seizure pursuant to Section 11471 shall notify the Franchise Tax Board where there is reasonable cause to believe that the value of…
- § 11472 Controlled substances and any device, contrivance, instrument, or paraphernalia used for unlawfully using or administering a controlled substance, which are…
- § 11473 (a) All seizures under provisions of this chapter, except seizures of vehicles, boats, or airplanes, as specified in subdivision (e) of Section 11470, or…
- § 11473.5 (a) All seizures of controlled substances, instruments, or paraphernalia used for unlawfully using or administering a controlled substance which are in…
- § 11474 A court order for the destruction of controlled substances, instruments, or paraphernalia pursuant to the provisions of Section 11473 or 11473.5 may be carried…
- § 11475 Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of this division are contraband and shall be…
- § 11476 Species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this division, or…
- § 11477 The failure, upon demand by a peace officer of the person in occupancy or in control of land or premises upon which the species of plants are growing or being…
- § 11478 Cannabis may be provided by the Attorney General to the heads of research projects which have been registered by the Attorney General, and which have been…
- § 11479 Notwithstanding Sections 11473 and 11473.5, at any time after seizure by a law enforcement agency of a suspected controlled substance, except in the case of…
- § 11479.1 (a) Notwithstanding the provisions of Sections 11473, 11473.5, and 11479, at any time after seizure by a law enforcement agency and identification by a…
- § 11479.2 Notwithstanding the provisions of Sections 11473, 11473.5, 11474, 11479, and 11479.1, at any time after seizure by a law enforcement agency of a suspected…
- § 11479.5 (a) Notwithstanding Sections 11473 and 11473.5, at any time after seizure by a law enforcement agency of a suspected hazardous chemical, the chemical’s…
- § 11480 (a) The Legislature finds that there is a need to encourage further research into the nature and effects of cannabis and hallucinogenic drugs and to coordinate…
- § 11480.1 (a) The panel shall review and may approve research projects to be conducted in this state that would require the administration of Schedule I or Schedule II…
- § 11480.3 (a) The panel may withdraw approval from a research project for reasonable cause. (b) Prior to withdrawing approval, the panel shall communicate its concerns…
- § 11480.5 (a) The Research Advisory Panel shall be considered a multimember advisory body solely for the purposes of Section 11123.5 of the Government Code. (b) The…
- § 11481 (a) The panel shall, annually and in the manner determined by the panel, report to the Legislature and the Governor those research projects approved by the…
- § 11483 No provision of this division shall be construed to prohibit the establishment and effective operation of a narcotic treatment program licensed pursuant to…
- § 11485 Any peace officer of this state who, incident to a search under a search warrant issued for a violation of Section 11358 with respect to which no prosecution…
- § 11488 (a) Any peace officer of this state, subsequent to making or attempting to make an arrest for a violation of Section 11351, 11351.5, 11352, 11355, 11359,…
- § 11488.1 Property seized pursuant to Section 11488 may, where appropriate, be held for evidence. The Attorney General or the district attorney for the jurisdiction…
- § 11488.2 Within 15 days after the seizure, if the peace officer does not hold the property seized pursuant to Section 11488 for evidence or if the law enforcement…
- § 11488.4 (a) (1) Except as provided in subdivision (j), if the Department of Justice or the local governmental entity determines that the factual circumstances do…
- § 11488.5 (a) (1) Any person claiming an interest in the property seized pursuant to Section 11488 may, unless for good cause shown the court extends the time for…
- § 11488.6 (a) If the court or jury at the forfeiture hearing finds that the property is forfeitable pursuant to Section 11470, but does not find that a person having a…
- § 11489 Notwithstanding Section 11502 and except as otherwise provided in Section 11473, in all cases where the property is seized pursuant to this chapter and…
- § 11490 The provisions of this division relative to forfeiture of vehicles, boats, or airplanes shall not apply to a common carrier, or to an employee acting within…
- § 11491 Nothing in this chapter shall be construed to extend or change decisional law as it relates to the topic of search and seizure.
- § 11492 (a) Concurrent with, or subsequent to, the filing of the petition, the prosecuting agency may move the superior court for the following pendente lite orders to…
- § 11493 There is hereby created in the General Fund the Narcotics Assistance and Relinquishment by Criminal Offender Fund. The fund shall be administered by an…
- § 11494 In the case of any property seized or forfeiture proceeding initiated before January 1, 1994, the proceeding to forfeit the property and the distribution of…
- § 11495 (a) The funds received by the law enforcement agencies under Section 11489 shall be deposited into an account maintained by the Controller, county auditor, or…
CHAPTER 9. Collection and Disposition of Fines §§ 11500–11508 · 9 sections
- § 11500 The district attorney, or any person designated by him, of the county in which any violation of this division is committed shall conduct all actions and…
- § 11501 The State of California, or any political subdivision thereof, may maintain an action against any person or persons engaged in the unlawful sale of controlled…
- § 11502 (a) All moneys, forfeited bail, or fines received by any court under this division shall as soon as practicable after the receipt thereof be deposited with the…
- § 11503 Judges and magistrates who collect fines or forfeitures under this division shall keep a record thereof, and, upon the imposition of any such fine or…
- § 11504 When an imprisonment has been imposed for a violation of this division, and before the termination of the sentence, the defendant is released by the vacation…
- § 11505 Whenever a fine has been imposed for violation of this division, and before the full payment of the fine a sentence of imprisonment is imposed instead, the…
- § 11506 The State Controller shall check the reports and records received by him with the transmittals of fines and forfeitures and whenever it appears that fines or…
- § 11507 The official bond of any judge or magistrate is liable for his failure to transmit the fines or forfeitures imposed by him under this division.
- § 11508 The records kept by a judge or magistrate under this division are open to public inspection, and may be checked by the State Controller, the Attorney General,…
CHAPTER 9.5. Loitering for Drug Activities §§ 11530–11538 · 5 sections
- § 11530 As used in this subdivision, the following terms have the following meanings: (a) “Loiter” means to delay or linger without a lawful purpose for being on the…
- § 11532 (a) It is unlawful for any person to loiter in any public place in a manner and under circumstances manifesting the purpose and with the intent to commit an…
- § 11534 If any section, subdivision, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent…
- § 11536 A violation of any provision of this chapter is a misdemeanor.
- § 11538 Nothing in this chapter shall prevent a local governing body from adopting and enforcing laws consistent with this chapter. Where local laws duplicate or…
CHAPTER 9.8. Treatment § 11545 · 1 section
- § 11545 The Legislature hereby finds and declares that licensed physicians, experienced in the treatment of addiction, should be allowed and encouraged to treat…
CHAPTER 10. Control of Users of Controlled Substances §§ 11550–11594 · 37 sections
ARTICLE 1. Addicts §§ 11550–11555 · 6 sections
- § 11550 (a) A person shall not use, or be under the influence of any controlled substance that is (1) specified in subdivision (b), (c), or (e), or paragraph (1) of…
- § 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…
- § 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…
- § 11553 The fact that a person is or has been, or is suspected of being, a user of cannabis is not alone sufficient grounds upon which to invoke Section 11551 or…
- § 11554 The rehabilitation of persons addicted to controlled substances and the prevention of continued addiction to controlled substances is a matter of statewide…
- § 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…
ARTICLE 2. Substance Abuse Treatment Control Units §§ 11560–11565 · 6 sections
- § 11560 The Department of Corrections and the Department of the Youth Authority are authorized to establish substance abuse treatment control units in state…
- § 11561 When the parole authority concludes that there are reasonable grounds for believing that a person on parole is addicted or habituated to, or is in imminent…
- § 11562 When the Youth Authority concludes that there are reasonable grounds for believing that a person committed to its custody, and on parole, is addicted or…
- § 11563 When the parole authority concludes that there are reasonable grounds for believing that a woman on parole is addicted or habituated to, or is in imminent…
- § 11564 The authority granted to the parole authority and to the Department of the Youth Authority in no way limits Sections 3060 and 3325 of the Penal Code.
- § 11565 For purposes of this article, “parole authority” has the same meaning as described in Section 3000 of the Penal Code.
ARTICLE 3. Abatement §§ 11570–11587 · 22 sections
- § 11570 Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance,…
- § 11571 If there is reason to believe that a nuisance, as described in Section 11570, is kept, maintained, or exists in any county, the district attorney or county…
- § 11571.1 (a) Nothing in this article shall prevent a local governing body from adopting and enforcing laws, consistent with this article, relating to drug abatement.…
- § 11571.5 For purposes of this article, an action to abate a nuisance may be taken by the city attorney or city prosecutor of the city within which the nuisance exists,…
- § 11572 Unless filed by the district attorney, or the city attorney of an incorporated city, the complaint in the action shall be verified.
- § 11573 (a) If the existence of the nuisance is shown in the action to the satisfaction of the court or judge, either by verified complaint or affidavit, the court or…
- § 11573.5 (a) At the time of application for issuance of a temporary restraining order or injunction pursuant to Section 11573, if proof of the existence of the nuisance…
- § 11574 On granting the temporary writ the court or judge shall require an undertaking on the part of the applicant to the effect that the applicant will pay to the…
- § 11575 The action shall have precedence over all other actions, except criminal proceedings, election contests, hearings on injunctions, and actions to forfeit…
- § 11575.5 In any action for abatement instituted pursuant to this article, all evidence otherwise authorized by law, including evidence of reputation in a community, as…
- § 11576 If the complaint is filed by a citizen it shall not be dismissed by him or for want of prosecution except upon a sworn statement made by him and his attorney,…
- § 11577 In case of failure to prosecute the action with reasonable diligence, or at the request of the plaintiff, the court, in its discretion, may substitute any…
- § 11578 If the action is brought by a citizen and the court finds there was no reasonable ground or cause for the action, the costs shall be taxed against him.
- § 11579 If the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the judgment in the case, and plaintiff’s…
- § 11580 A violation or disobedience of the injunction or order for abatement is punishable as a contempt of court by a fine of not less than five hundred dollars…
- § 11581 (a) If the existence of the nuisance is established in the action, an order of abatement shall be entered as a part of the judgment, which order shall direct…
- § 11582 While the order of abatement remains in effect, the building or place is in the custody of the court.
- § 11583 For removing and selling the movable property, the officer is entitled to charge and receive the same fees as he would for levying upon and selling like…
- § 11584 The proceeds of the sale of the movable property shall be applied as follows: First—To the fees and costs of the removal and sale. Second—To the allowances and…
- § 11585 If the proceeds of the sale of the movable property do not fully discharge all of the costs, fees, and allowances, the building and place shall then also be…
- § 11586 (a) If the owner of the building or place has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees, and allowances…
- § 11587 Whenever the owner of a building or place upon which the act or acts constituting the contempt have been committed, or the owner of any interest therein, has…
ARTICLE 4. Registration of Controlled Substance Offenders §§ 11591–11594 · 3 sections
- § 11591 Every sheriff, chief of police, or the Commissioner of the California Highway Patrol, upon the arrest for any of the controlled substance offenses described in…
- § 11591.5 (a) Every sheriff or chief of police, upon the arrest for any of the controlled substance offenses described in Section 11350, 11351, 11351.5, 11352, 11353,…
- § 11594 All registration requirements set forth in this article, as it read on January 1, 2019, are terminated. The statements, photographs, and fingerprints obtained…
CHAPTER 11. Educational Programs §§ 11600–11605 · 6 sections
- § 11600 The Attorney General, the Board of Pharmacy, and other agencies shall carry out educational programs designed to prevent and deter misuse and abuse of…
- § 11601 The Attorney General shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the…
- § 11602 The Attorney General may enter into contracts for educational and research activities without performance bonds.
- § 11603 The Attorney General, with the approval of the Research Advisory Panel, may authorize persons engaged in research on the use and effects of controlled…
- § 11604 The Attorney General, with the approval of the Research Advisory Panel, may authorize the possession and distribution of controlled substances by persons…
- § 11605 (a) Commencing with the 1991–92 fiscal year, the Attorney General, in consultation with the Governor’s Policy Council on Alcohol and Drug Abuse, shall conduct…
CHAPTER 12. Clandestine Laboratory Enforcement Program §§ 11640–11647 · 7 sections
- § 11640 The Legislature finds and declares that there has been a recent and rapid expansion in clandestine laboratories illegally producing a variety of controlled…
- § 11641 The Department of Justice shall establish a Clandestine Laboratory Enforcement Program to assist state and local law enforcement and prosecutorial agencies in…
- § 11642 (a) To the extent moneys are available therefor, the Controller, in accordance with criteria and procedures which shall be adopted by the Department of…
- § 11643 To the extent moneys are available therefor, the Department of Justice shall do the following: (a) In cooperation with the Commission on Peace Officer…
- § 11644 To the extent moneys are available therefor, the Crime Prevention Center of the Department of Justice shall prepare and disseminate informational materials on…
- § 11646 The Attorney General shall adopt rules and regulations for the administration and enforcement of this chapter.
- § 11647 (a) The Crank-Up Task Force Program is hereby created within the Department of Justice as part of the Clandestine Laboratory Enforcement Program with…
CHAPTER 13. Miscellaneous §§ 11650–11651 · 2 sections
- § 11650 (a) Prosecution for any violation of law occurring prior to the effective date of this division is not affected or abated by this division. If the offense…
- § 11651 Any orders and regulations promulgated pursuant to any law affected by this division and in effect on the effective date of this division, not in conflict with…