Bill Text: CA SB519 | 2021-2022 | Regular Session | Amended
Bill Title: Controlled substances: study of decriminalization of certain hallucinogenic substances.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2022-08-25 - Ordered to inactive file on request of Assembly Member Reyes. [SB519 Detail]
Download: California-2021-SB519-Amended.html
Amended
IN
Assembly
July 01, 2021 |
Amended
IN
Senate
May 20, 2021 |
Amended
IN
Senate
April 15, 2021 |
Amended
IN
Senate
March 25, 2021 |
Introduced by Senator Wiener (Coauthors: Senators Kamlager and Newman) (Coauthors: Assembly Members |
February 17, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Section 11054 of the Health and Safety Code is amended to read:11054.
(a) The controlled substances listed in this section are included in Schedule I.SEC. 3.
Section 11150.2 of the Health and Safety Code is amended to read:11150.2.
(a) Notwithstanding any other law, if cannabidiol is excluded from Schedule I of the federal Controlled Substances Act and placed on a schedule of the act other than Schedule I, or if a product composed of cannabidiol is approved by the federal Food and Drug Administration and either placed on a schedule of the act other than Schedule I, or exempted from one or more provisions of the act, so as to permit a physician, pharmacist, or other authorized healing arts licensee acting within their scope of practice, to prescribe, furnish, or dispense that product, the physician, pharmacist, or other authorized healing arts licensee who prescribes, furnishes, or dispenses that product in accordance with federal law shall be deemed to be in compliance with state law governing those acts.SEC. 4.
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), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (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 in a county jail for not more than one year, except that such person shall instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.SEC. 5.
Section 11350.1 is added to the Health and Safety Code, to read:11350.1.
(a) Except as otherwise provided in subdivisions (b), (c), (d), and (e) of this section and notwithstanding any other law, all of the following shall be lawful for a natural person 21 years of age or older and shall not be a violation of state or local law:SEC. 6.
Section 11364 of the Health and Safety Code is amended to read: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 substance specified in subdivision (b), (c), or (e) or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (15) or (20) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (2) of subdivision (d) of Section 11055, or (2) a controlled substance that is a narcotic drug classified in Schedule III, IV, or V.SEC. 7.
Section 11364.7 of the Health and Safety Code is amended to read:11364.7.
(a) (1) Except as authorized by law, any person who delivers, furnishes, or transfers, possesses with intent to deliver, furnish, or transfer, or manufactures with the intent to deliver, furnish, or transfer, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance, except as provided in subdivision (b), in violation of this division, is guilty of a misdemeanor.(G)Ketamine.
(H)
SEC. 8.
Section 11365 of the Health and Safety Code is amended to read: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) of subdivision (f) of Section 11054, specified in paragraph (15) or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) or paragraph (2) of subdivision (d) of Section 11055, or which are narcotic drugs classified in Schedule III, IV, or V, are being unlawfully smoked or used with knowledge that such activity is occurring.SEC. 9.
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,SEC. 10.
Section 11377.1 is added to the Health and Safety Code, to read:11377.1.
(a) Except as otherwise provided inSEC. 11.
Section 11379 of the Health and Safety Code is amended to read:11379.
(a) Except as otherwise provided in subdivision (b), in Section 11377.1, and in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any controlled substance which is (1) classified in Schedule III, IV, or V and which is not a narcotic drug, except subdivision (g) of Section 11056, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) 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) or (e), except paragraph (3) of subdivision (e), or specified in subparagraph (A) of paragraph (1) of subdivision (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 pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of two, three, or four years.Except as otherwise provided in Section 11377.1 and in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses for sale or sells any controlled substance specified in subdivision (g) of Section 11056 shall be punished by imprisonment in the county jail for a period of not more than one year or in the state prison.
SEC. 13.SEC. 12.
Section 11382 of the Health and Safety Code is amended to read:11382.
Except as otherwise provided in Section 11377.1, every person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, administer, or give any controlled substance which is (a) classified in Schedule III, IV, or V and which is not a narcotic drug, or (b) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), specified in paragraph (11) of subdivision (c) of Section 11056, or specified in subdivision (d), (e), or (f) of Section 11055, to any person, or offers, arranges, or negotiates to have that controlled substance unlawfully sold, delivered, transported, furnished, administered, or given to any person and then sells, delivers, furnishes, transports, administers, or gives, or offers, or arranges, or negotiates to have sold, delivered, transported, furnished, administered, or given to any person any other liquid, substance, or material in lieu of that controlled substance shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.SEC. 14.SEC. 13.
Article 7 (commencing with Section 11390) of Chapter 6 of Division 10 of the Health and Safety Code is repealed.(a)As provided in this section, this chapter does not apply to 3,4-methylenedioxymethamphetamine, otherwise known as MDMA.
(b)Except as otherwise provided in this section, all of the following shall be lawful for a natural person 21 years of age or older and shall not be a violation of state or local law:
(1)The possession, processing, obtaining, or transportation of
MDMA for personal use or for social sharing.
(2)The ingesting of MDMA.
(3)The social sharing of MDMA.
(c)Possession of MDMA by a person 21 years of age or over, on the grounds of any public or private elementary, vocational, junior high, or high school, during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility is punishable as a misdemeanor.
(d)(1)A person who knowingly gives away or administers MDMA to a person who is under 18 years of age in violation of law shall be punished by imprisonment in a county jail for a period of not more than six
months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
(2)Notwithstanding paragraph (1), a person 18 years of age or over who knowingly gives away or administers MDMA to a minor under 14 years of age in violation of law shall be punished by imprisonment in the state prison for a period of three, five, or seven years.
(3)A person who knowingly gives away or administers MDMA to a person who is at least 18 years of age, but under 21 years of age is guilty of an infraction.
(e)Except as otherwise provided, possession of MDMA by a person under 18 years of age is punishable as an infraction and shall
require:
(1)Upon a finding that a first offense has been committed, four hours of drug education or counseling and up to 10 hours of community service over a period not to exceed 60 days, commencing when the drug education or counseling services are made available to them.
(2)Upon a finding that a second offense or subsequent offense has been committed, six hours of drug education or counseling and up to 20 hours of community service over a period not to exceed 90 days, commencing when the drug education or counseling services are made available to them.
(f)Except as otherwise provided, possession of MDMA by a person at least 18 years of age but less than 21 years of age is punishable as an infraction.
(g)MDMA or any related product involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest, or the basis for the seizure or forfeiture of assets.
(h)As used in this section, the following terms are defined as follows:
(1)“Financial gain” means the receipt of money or other valuable consideration in exchange for the item being shared. “Financial gain” does not include reasonable fees for counseling, spiritual guidance, or related services that are provided in conjunction with administering or use of MDMA under the guidance and supervision, and on the premises,
of the person providing those services.
(2)“Personal use” means for the personal ingestion or other personal and noncommercial use by the person in possession.
(3)“Social sharing” means the giving away or consensual administering of MDMA by a person 21 years of age or older, to another person 21 years of age or older, not for financial gain, including in the context of group counseling, spiritual guidance, community-based healing, or related services.