Bill Text: CA AB2495 | 2015-2016 | Regular Session | Amended


Bill Title: Controlled substances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2495 Detail]

Download: California-2015-AB2495-Amended.html
BILL NUMBER: AB 2495	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 30, 2016
	AMENDED IN ASSEMBLY  MARCH 9, 2016

INTRODUCED BY   Assembly Member Eggman

                        FEBRUARY 19, 2016

   An act to add Section 11376.6 to the Health and Safety Code,
relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2495, as amended, Eggman. Controlled substances.
   Existing law makes it a crime to possess specified controlled
substances or paraphernalia. Existing law makes it a crime to use or
be under the influence of specified controlled substances. Existing
law additionally makes it a crime to visit or be in any room where
specified controlled substances are being unlawfully used with
knowledge that the activity is occurring, or to open or maintain a
place for the purpose of giving away or using specified controlled
substances. Existing law makes it a crime for a person to rent,
lease, or make available for use any building or room for the purpose
of storing or distributing any controlled substance. Existing law
authorizes forfeiture of property used for specified crimes involving
controlled substances.
   This bill would authorize state or local health departments to
authorize the operation of specified adult public health or medical
intervention programs intended to reduce death, disease, or injury
due to the use and administration of controlled substances. The bill
would exempt a person from the criminal sanctions above while he or
she is operating an adult public health or medical intervention
program authorized by a state or local health department.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11376.6 is added to the Health and Safety Code,
to read:
   11376.6.  (a) State or local health departments may allow a person
or entity to establish and operate an adult public health or medical
intervention program intended to reduce death, disease, or injury
due to the use and administration of controlled substances,
including, but not limited to, supervised consumption services where
adults may consume preobtained controlled substances under the
supervision of staff in a safe and hygienic facility.  In
addition to the prevention of death, disease, or injury, these
programs shall provide, at a minimum, substance use disorder
treatment either directly or through referral. 
   (b) Notwithstanding any other law, any person or entity,
including, but not limited to, property owners, managers, employees,
volunteers, and clients or participants, involved in the operation or
utilization of an adult public health or medical intervention
program under subdivision (a) shall not be arrested, charged, or
prosecuted pursuant to Section 11350, 11364, 11365, 11366, 11366.5,
or 11377, or subdivision (a) of Section 11550, including for attempt,
aiding and abetting, or conspiracy to commit a violation of any of
those sections, or have his or her property subject to forfeiture, or
otherwise be penalized solely for actions or conduct allowed by
state or local health departments pursuant to subdivision (a).
   (c) Subdivision (b) shall only protect property owners, managers,
employees, volunteers, and clients or participants of the public
health or medical intervention program for actions or conduct allowed
by state or local health departments pursuant to subdivision (a).
                     
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