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Article 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics - California Health and Safety Code Section 11350

Legal Research Home > California Laws > Health and Safety Code > Article 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics - California Health and Safety Code Section 11350

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) 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 sole intent of the possessor is to deliver the
prescription to the prescription holder for its prescribed use or to
discard the 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.



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 (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
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.
   (b) Except as otherwise provided in this division, whenever a
person who possesses any of the controlled substances specified in
subdivision (a), the judge may, in addition to any punishment
provided for pursuant to subdivision (a), 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.
   (c) 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.

Section: 11350  11351  11351.5  11352  11352.1  11352.5  11353  11353.1  11353.4  11353.5  11353.6  11353.7  11354  11355  Next

Last modified: February 16, 2015