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Article 5. Offenses Involving Controlled Substances Formerly Classified as Restricted Dangerous Drugs - California Health and Safety Code Section 11377

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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.
   (d) 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.
   (e) 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.



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, except that such person may 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) 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  Next

Last modified: February 16, 2015