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

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

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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-Amended.html

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Amended  IN  Senate  February 28, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 250

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Introduced by Senator Umberg

January 26, 2023

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An act to amend Section 11014.5 of add Section 11376.6 to the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL'S DIGEST

SB 250, as amended, Umberg. Controlled substances: fentanyl testing strips. punishment.

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 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 tests the controlled substance or controlled substance analog and determines that the substance is adulterated with another substance, including, but not limited to, fentanyl, and notifies law enforcement, as specified. The bill would state the intent of the Legislature.

Existing law defines certain chemicals as controlled substances and prohibits, among other things, the possession and use of those substances. Existing law also defines drug paraphernalia and prohibits, among other things, the manufacture, sale, and possession, as specified, of drug paraphernalia.

This bill would make technical, nonsubstantive changes to that provision.

Digest Key

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

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Bill Text

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

SECTION 1.

 It is the intent of the Legislature to not drastically increase the incarceration of users and create an environment that allows for a user to self-report to medical and law authorities to better reduce harm. The aim is to redirect focus onto the seller, not the user.

SEC. 2.

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

11376.6.

 (a) 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 both of the following conditions are satisfied:

(1) The person tests the controlled substance or controlled substance analog and determines that the substance is adulterated with another substance, including, but not limited to, fentanyl.

(2) After receiving the testing result, the person notifies law enforcement of the positive test, the individual from whom the person obtained the controlled substance or controlled substance analog, and the likelihood that other batches of the controlled substance may have been adulterated with other substances.

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

SECTION 1.Section 11014.5 of the Health and Safety Code is amended to read:

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, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this division. It includes, but is not limited to:

(1)Kits designed for use or marketed for use in planting, propagating, cultivating, growing, or harvesting of a species of plant that is a controlled substance or from which a controlled substance can be derived.

(2)Kits designed for use or marketed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

(3)Isomerization devices designed for use or marketed for use in increasing the potency of a species of plant which is a controlled substance.

(4)Testing equipment designed for use or marketed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances, except as otherwise provided in subdivision (d).

(5)Scales and balances designed for use or marketed for use in weighing or measuring controlled substances.

(6)Containers and other objects designed for use or marketed for use in storing or concealing controlled substances.

(7)Hypodermic syringes, needles, and other objects designed for use or marketed for use in parenterally injecting controlled substances into the human body.

(8)Objects designed for use or marketed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, such as:

(A)Carburetion tubes and devices.

(B)Smoking and carburetion masks.

(C)Roach clips, meaning objects used to hold burning material, such as a cannabis cigarette, that has become too small or too short to be held in the hand.

(D)Miniature cocaine spoons, and cocaine vials.

(E)Chamber pipes.

(F)Carburetor pipes.

(G)Electric pipes.

(H)Air-driven pipes.

(I)Chillums.

(J)Bongs.

(K)Ice pipes or chillers.

(b)For the purposes of this section, the phrase “marketed for use” means advertising, distributing, offering for sale, displaying for sale, or selling in a manner which promotes the use of equipment, products, or materials with controlled substances.

(c)In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following:

(1)Statements by an owner or by anyone in control of the object concerning its use.

(2)Instructions, oral or written, provided with the object concerning its use for ingesting, inhaling, or otherwise introducing a controlled substance into the human body.

(3)Descriptive materials accompanying the object that explain or depict its use.

(4)National and local advertising concerning its use.

(5)The manner in which the object is displayed for sale.

(6)Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.

(7)Expert testimony concerning its use.

(d)Notwithstanding paragraph (4) of subdivision (a), “drug paraphernalia” does not include any testing equipment designed, marketed, intended to be used, or used, to test a substance for the presence of fentanyl, ketamine, gamma hydroxybutyric acid, or an analog of fentanyl.

(e)If a provision of this section or the application thereof to a person or circumstance is held invalid, it is the intent of the Legislature that the invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application and to this end the provisions of this section are severable.