Bill Text: CA SB250 | 2023-2024 | Regular Session | Chaptered

California Senate Bill 250

Bill Title: Controlled substances: punishment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-07-21 - Chaptered by Secretary of State. Chapter 106, Statutes of 2023. [SB250 Detail]

Download: California-2023-SB250-Chaptered.html

Senate Bill No. 250

CHAPTER 106

An act to amend Section 11376.5 of, and to add Section 11376.6 to, the Health and Safety Code, relating to controlled substances.

[ Approved by Governor July 21, 2023. Filed with Secretary of State July 21, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST

SB 250, Umberg. Controlled substances: punishment.

Existing law makes it a crime to possess specified controlled substances, a controlled substance analog, or drug paraphernalia. Existing law provides that it is not a crime for a person who experiences a drug-related overdose and who, in good faith, seeks medical assistance, or any other person who, in good faith, seeks medical assistance for the person experiencing a drug-related overdose, to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, under certain circumstances related to a drug-related overdose that prompted seeking medical assistance if that person does not obstruct medical or law enforcement personnel.

This bill would define “seeking medical assistance” for the purposes of the above-described exemption. The bill would also provide that it is not a crime for a person to possess for personal use a controlled substance, controlled substance analog, or drug paraphernalia, if the person delivers the controlled substance or controlled substance analog to the local public health department or law enforcement and notifies them of the likelihood that other batches of the controlled substance may have been adulterated with other substances, if known. The bill would make the person’s identity confidential.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make a legislative finding to that effect.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 11376.5 of the Health and Safety Code is amended to read:

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 substance, controlled substance analog, or drug paraphernalia, if that person, in good faith, seeks medical assistance for another person experiencing a drug-related overdose that is related to the possession of a controlled substance, controlled substance analog, or drug paraphernalia of the person seeking medical assistance, and that person does not obstruct medical or law enforcement personnel. No other immunities or protections from arrest or prosecution for violations of the law are intended or may be inferred.

(2) Notwithstanding any other law, it shall not be a crime for a person who experiences a drug-related overdose and who is in need of medical assistance to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, if the person or one or more other persons at the scene of the overdose, in good faith, seek medical assistance for the person experiencing the overdose. No other immunities or protections from arrest or prosecution for violations of the law are intended or may be inferred.

(b) This section shall not affect laws prohibiting the selling, providing, giving, or exchanging of drugs, or laws prohibiting the forcible administration of drugs against a person’s will.

(c) Nothing in this section shall affect liability for any offense that involves activities made dangerous by the consumption of a controlled substance or controlled substance analog, including, but not limited to, violations of Section 23103 of the Vehicle Code as specified in Section 23103.5 of the Vehicle Code, or violations of Section 23152 or 23153 of the Vehicle Code.

(d) For the purposes of this section, the following definitions shall apply:

(1) “Drug-related overdose” means an acute medical condition that is the result of the ingestion or use by an individual of one or more controlled substances or one or more controlled substances in combination with alcohol, in quantities that are excessive for that individual that may result in death, disability, or serious injury. An individual’s condition shall be deemed to be a “drug-related overdose” if a reasonable person of ordinary knowledge would believe the condition to be a drug-related overdose that may result in death, disability, or serious injury.

(2) “Seeks medical assistance” or “seek medical assistance” includes any communication made verbally, in writing, or in the form of data from a health-monitoring device, including, but not limited to, smart watches, for the purpose of obtaining medical assistance.

SEC. 2.

Section 11376.6 is added to the Health and Safety Code, to read:

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 drug paraphernalia if the person delivers the controlled substance or controlled substance analog to the local public health department or law enforcement and notifies them of the likelihood that other batches of the controlled substance may have been adulterated with other substances, if known.

(2) (A) The identity of the person described in paragraph (1) shall remain confidential.

(B) The person described in paragraph (1) may, but shall not be required to, reveal the identity of the individual from whom the person obtained the controlled substance or controlled substance analog.

(b) No other immunities or protections from arrest or prosecution for violations of the law are intended or may be inferred.

SEC. 3.

The Legislature finds and declares that Section 2 of this act, which adds Section 11376.6 of the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following finding to demonstrate the interest protected by this limitation and the need for protecting that interest:

In order to encourage persons to relinquish controlled substances or controlled substance analogs they suspect may have been adulterated to local public health departments or law enforcement, it is necessary for the identity of these persons to remain confidential.