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 |
(G)Ketamine.
(H)
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.
(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.