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California Health and Safety Code Section 11377

Legal Research Home > California Laws > Health and Safety Code > California Health and Safety Code Section 11377

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, (2) specified in subdivision (d) of Section 11054,
except paragraphs (13), (14), (15), and (20) 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), (e), or (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 in a county jail for a period of
not more than one year or pursuant to subdivision (h) of Section 1170
of the Penal Code.
   (b) (1) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in subdivision (f) of
Section 11056, and who has not previously been convicted of a
violation involving a controlled substance specified in subdivision
(f) of Section 11056, is guilty of a misdemeanor.
   (2) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in subdivision (g) of
Section 11056 is guilty of a misdemeanor.
   (3) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in paragraph (7) or (8)
of subdivision (d) of Section 11055 is guilty of a misdemeanor.
   (4) Any person who violates subdivision (a) by unlawfully
possessing a controlled substance specified in paragraph (8) of
subdivision (f) of Section 11057 is guilty of a misdemeanor.
   (c) In addition to any fine assessed under subdivision (b), the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates subdivision (a), with the 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.
Section: 11377  11378  11378.5  11379  11379.2  11379.5  11379.6  11379.7  11379.8  11379.9  11380  11380.1  11380.7  11381  11382  Next

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Last modified: March 17, 2014