Bill Text: CA AB2603 | 2013-2014 | Regular Session | Amended

California Assembly Bill 2603 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Controlled substances: permissive lawful possession.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-09-25 - Chaptered by Secretary of State - Chapter 540, Statutes of 2014. [AB2603 Detail]

Download: California-2013-AB2603-Amended.html

BILL NUMBER: AB 2603	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 23, 2014

INTRODUCED BY   Assembly Member V. Manuel P�rez
    (   Coauthor:   Assembly Member  
Chesbro  ) 

                        FEBRUARY 21, 2014

   An act to amend Sections 11350 and 11377 of the Health and Safety
Code, relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2603, as amended, V. Manuel P�rez. Controlled substances:
permissive lawful possession.
   Existing law, subject to certain exceptions, provides that it is a
crime for any person to possess specified controlled substances,
punishable by a fine or imprisonment in a county jail, as specified,
unless it is upon the written prescription of a physician, dentist,
podiatrist, or veterinarian licensed to practice in this state.
   This bill would create an exception from these prohibitions for
possession of those controlled substances  for a lawful
purpose by anyone with the express authorization or direction of the
prescription holder.   by a person other than the
prescription holder if the possession of the controlled substance is
at the direction or with the express authorization   of the
prescription holder and the possessor of the controlled substance
intends to deliver the prescription to the prescription holder within
a reasonable period of time for the prescribed use by the
prescription holder, or intends to discard the controlled substance
in a lawful manner. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 11350 of the Health and Safety Code is amended
to read:
   11350.  (a) Except as otherwise provided in this division, every
person who possesses (1) any controlled substance specified in
subdivision (b) or (c), or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) any controlled substance classified in Schedule III,
IV, or V which is a narcotic drug, unless upon the written
prescription of a physician, dentist, podiatrist, or veterinarian
licensed to practice in this state, shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code.
   (b) Except as otherwise provided in this division, every person
who possesses any controlled substance specified in subdivision (e)
of Section 11054 shall be punished by imprisonment in a county jail
for not more than one year or pursuant to subdivision (h) of Section
1170 of the Penal Code.
   (c) Except as otherwise provided in this division, whenever a
person who possesses any of the controlled substances specified in
subdivision (a) or (b), the judge may, in addition to any punishment
provided for pursuant to subdivision (a) or (b), assess against that
person a fine not to exceed seventy dollars ($70) with 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.
   (d) Except in unusual cases in which it would not serve the
interest of justice to do so, whenever a court grants probation
pursuant to a felony conviction under this section, in addition to
any other conditions of probation which may be imposed, the following
conditions of probation shall be ordered:
   (1) For a first offense under this section, a fine of at least one
thousand dollars ($1,000) or community service.
   (2) For a second or subsequent offense under this section, a fine
of at least two thousand dollars ($2,000) or community service.
   (3) If a defendant does not have the ability to pay the minimum
fines specified in paragraphs (1) and (2), community service shall be
ordered in lieu of the fine. 
   (e) This section does not apply to possession of a controlled
substance described in subdivision (a) for a lawful purpose by anyone
with the express authorization or direction of the prescription
holder.  
   (e) It is not unlawful for a person other than the prescription
holder to possess a controlled substance described in subdivision (a)
if both of the following apply:  
   (1) The possession of the controlled substance is at the direction
or with the express authorization of the prescription holder. 

   (2) The possessor of the controlled substance intends to deliver
the prescription to the prescription holder within a reasonable
period of time for the prescribed use by the prescription holder, or
intends to discard the controlled substance in a lawful manner. 

   (f) This section does not permit the use of a controlled substance
by a person other than the prescription holder or permit the
distribution or sale of a controlled substance that is otherwise
inconsistent with the prescription. 
  SEC. 2.  Section 11377 of the Health and Safety Code is amended to
read:
   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 Division 2 of the Business and
Professions Code, every person who possesses any controlled substance
which is (1) classified in Schedule III, IV, or V, and which is not
a narcotic drug, (2) specified in subdivision (d) of Section 11054,
except paragraphs (13), (14), (15), and (20) of subdivision (d), (3)
specified in paragraph (11) of subdivision (c) of Section 11056, (4)
specified in paragraph (2) or (3) of subdivision (f) of Section
11054, or (5) specified in subdivision (d), (e), or (f) of Section
11055, unless upon the prescription of a physician, dentist,
podiatrist, or veterinarian, licensed to practice in this state,
shall be punished by imprisonment in a county jail for a period of
not more than one year or pursuant to subdivision (h) of Section 1170
of the Penal Code.
   (b) (1) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in subdivision (f) of
Section 11056, and who has not previously been convicted of a
violation involving a controlled substance specified in subdivision
(f) of Section 11056, is guilty of a misdemeanor.
   (2) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in subdivision (g) of
Section 11056 is guilty of a misdemeanor.
   (3) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in paragraph (7) or (8)
of subdivision (d) of Section 11055 is guilty of a misdemeanor.
   (4) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in paragraph (8) of
subdivision (f) of Section 11057 is guilty of a misdemeanor.
   (c) In addition to any fine assessed under subdivision (b), the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates subdivision (a), with the proceeds of this
fine to be used in accordance with Section 1463.23 of the Penal Code.
The court shall, however, take into consideration the defendant's
ability to pay, and no defendant shall be denied probation because of
his or her inability to pay the fine permitted under this
subdivision. 
   (d) This section does not apply to possession of a controlled
substance described in subdivision (a) for a lawful purpose by anyone
with the express authorization or direction of the prescription
holder.  
   (d) It is not unlawful for a person other than the prescription
holder to possess a controlled substance described in subdivision (a)
if both of the following apply:  
   (1) The possession of the controlled substance is at the direction
or with the express authorization of the prescription holder. 

   (2) The possessor of the controlled substance intends to deliver
the prescription to the prescription holder within a reasonable
period of time for the prescribed use by the prescription holder, or
intends to discard the controlled substance in a lawful manner. 

   (e) This section does not permit the use of a controlled substance
by a person other than the prescription holder or permit the
distribution or sale of a controlled substance that is otherwise
inconsistent with the prescription.