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Narcotic Offenses Bail Bonds
California Health and Safety Codes
Defined:
11350. (a) Except as
otherwise provided in this division, everyperson who possesses (1) any
controlled substance specified insubdivision (b) or (c), or paragraph
(1) of subdivision (f) ofSection 11054, specified in paragraph (14),
(15), or (20) ofsubdivision (d) of Section 11054, or specified in
subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section11056,
or (2) any controlled substance classified in Schedule III,IV, or V
which is a narcotic drug, unless upon the writtenprescription of a
physician, dentist, podiatrist, or veterinarian licensed to practice
in this state, shall be punished by imprisonment in the state prison.
(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 the county jail for
not more than one year or in the state prison.
(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.
11351. Except as otherwise provided in this division, every person who
possesses for sale or purchases for purposes of sale (1) any
controlled substance specified in subdivision (b), (c), or (e) 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, shall be punished by imprisonment in
the state prison for two, three, or four years.
11351.5. Except as otherwise provided in this division, every person
who possesses for sale or purchases for purposes of sale cocaine base
which is specified in paragraph (1) of subdivision (f) of Section
11054, shall be punished by imprisonment in the state prison for a
period of three, four, or five years.
11352. (a) Except as otherwise provided in this division, 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 (1) any controlled substance specified in
subdivision (b), (c), or (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 the state prison
for three, four, or five years.
(b) Notwithstanding the penalty provisions of subdivision (a), any
person who transports for sale any controlled substances specified in
subdivision (a) within this state from one county to another
noncontiguous county shall be punished by imprisonment in the state
prison for three, six, or nine years.
11352.1. (a) The Legislature hereby declares that the dispensing and
furnishing of prescription drugs, controlled substances, and dangerous
drugs or dangerous devices without a license poses a significant
threat to the health, safety, and welfare of all persons residing in
the state. It is the intent of the Legislature in enacting this
provision to enhance the penalties attached to this illicit and
dangerous conduct.
(b) Notwithstanding Section 4321 of the Business and Professions Code,
and in addition to any other penalties provided by law, any person who
knowingly and unlawfully dispenses or furnishes a dangerous drug or
dangerous device, or any material represented as, or presented in lieu
of, any dangerous drug or dangerous device, as defined in Section 4022
of the Business and Professions Code, or who knowingly owns, manages,
or operates a business that dispenses or furnishes a dangerous drug or
dangerous device or any material represented as, or presented in lieu
of, any dangerous drug or dangerous device, as defined in Section 4022
of the Business and Professions Code without a license to dispense or
furnish these products, shall be guilty of a misdemeanor. Upon the
first conviction, each violation shall be punishable by imprisonment
in a county jail not to exceed one year, or by a fine not to exceed
five thousand dollars ($5,000), or by both that fine and imprisonment.
Upon a second or subsequent conviction, each violation shall be
punishable by imprisonment in a county jail not to exceed one year, or
by a fine not to exceed ten thousand dollars ($10,000), or by both
that fine and imprisonment.
11352.5. The court shall impose a fine not exceeding fifty thousand
dollars ($50,000), in the absence of a finding that the defendant
would be incapable of paying such a fine, in addition to any term of
imprisonment provided by law for any of the following persons:
(1) Any person who is convicted of violating Section 11351 of the
Health and Safety Code by possessing for sale 14.25 grams or more of a
substance containing heroin.
(2) Any person who is convicted of violating Section 11352 of the
Health and Safety Code by selling or offering to sell 14.25 grams or
more of a substance containing heroin.
(3) Any person convicted of violating Section 11351 of the Health and
Safety Code by possessing heroin for sale or convicted of violating
Section 11352 of the Health and Safety Code by selling or offering to
sell heroin, and who has one or more prior convictions for violating
Section 11351 or Section 11352 of the Health and Safety Code.
11353. Every person 18 years of age or over, (a) who in any voluntary
manner solicits, induces, encourages, or intimidates any minor with
the intent that the minor shall violate any provision of this chapter
or Section 11550 with respect to either (1) a controlled substance
which is specified in subdivision (b), (c), or (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, (b) who hires,
employs, or uses a minor to unlawfully transport, carry, sell, give
away, prepare for sale, or peddle any such controlled substance, or
(c) who unlawfully sells, furnishes, administers, gives, or offers to
sell, furnish, administer, or give, any such controlled substance to a
minor, shall be punished by imprisonment in the state prison for a
period of three, six, or nine years.
11353.1. (a) Notwithstanding any other provision of law, any person 18
years of age or over who is convicted of a violation of Section 11353,
in addition to the punishment imposed for that conviction, shall
receive an additional punishment as follows:
(1) If the offense involved heroin, cocaine, cocaine base, or any
analog of these substances and occurred upon the grounds of, or
within, a church or synagogue, a playground, a public or private youth
center, a child day care facility, or a public swimming pool, during
hours in which the facility is open for business, classes, or
school-related programs, or at any time when minors are using the
facility, the defendant shall, as a full and separately served
enhancement to any other enhancement provided in paragraph (3), be
punished by imprisonment in the state prison for one year.
(2) If the offense involved heroin, cocaine, cocaine base, or any
analog of these substances and occurred upon, or within 1,000 feet of,
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 where the offense occurs, the defendant shall, as a full and
separately served enhancement to any other enhancement provided in
paragraph (3), be punished by imprisonment in the state prison for two
years.
(3) If the offense involved a minor who is at least four years younger
than the defendant, the defendant shall, as a full and separately
served enhancement to any other enhancement provided in this
subdivision, be punished by imprisonment in the state prison for one,
two, or three years, at the discretion of the court.
(b) The additional punishment provided in this section shall not be
imposed unless the allegation is charged in the accusatory pleading
and admitted by the defendant or found to be true by the trier of
fact.
(c) The additional punishment provided in this section shall be in
addition to any other punishment provided by law and shall not be
limited by any other provision of law.
(d) Notwithstanding any other provision of law, the court may strike
the additional punishment provided for in this section if it
determines that there are circumstances in mitigation of the
additional punishment and states on the record its reasons for
striking the additional punishment.
(e) As used in this section the following definitions shall apply:
(1) "Playground" means any park or recreational area specifically
designed to be used by children which has play equipment installed,
including public grounds designed for athletic activities such as
baseball, football, soccer, or basketball, or any similar facility
located on public or private school grounds, or on city, county, or
state parks.
(2) "Youth center" means any public or private facility that is
primarily used to host recreational or social activities for minors,
including, but not limited to, private youth membership organizations
or clubs, social service teenage club facilities, video arcades, or
similar amusement park facilities.
(3) "Video arcade" means any premises where 10 or more video game
machines or devices are operated, and where minors are legally
permitted to conduct business.
(4) "Video game machine" means any mechanical amusement device, which
is characterized by the use of a cathode ray tube display and which,
upon the insertion of a coin, slug, or token in any slot or receptacle
attached to, or connected to, the machine, may be operated for use as
a game, contest, or amusement.
(5) "Within 1,000 feet of the grounds of any public or private
elementary, vocational, junior high, or high school" means any public
area or business establishment where minors are legally permitted to
conduct business which is located within 1,000 feet of any public or
private elementary, vocational, junior high, or high school.
(6) "Child day care facility" has the meaning specified in Section
1596.750.
(f) This section does not require either that notice be posted
regarding the proscribed conduct or that the applicable 1,000-foot
boundary limit be marked.
11353.4. (a) Any person 18 years of age or older who is convicted for
a second or subsequent time of violating Section 11353, as that
section applies to paragraph (1) of subdivision (f) of Section 11054,
where the previous conviction resulted in a prison sentence, shall, as
a full and separately served enhancement to the punishment imposed for
that second or subsequent conviction of Section 11353, be punished by
imprisonment in the state prison for one, two, or three years.
(b) If the second or subsequent violation of Section 11353, as
described in subdivision (a), involved a minor who is 14 years of age
or younger, the defendant shall, as a full and separately served
enhancement to any other enhancement provided in this section, be
punished by imprisonment in the state prison for one, two, or three
years, at the discretion of the court.
(c) The additional punishment provided in this section shall not be
imposed unless the allegation is charged in the accusatory pleading
and admitted by the defendant or found to be true by the trier of
fact.
(d) The additional punishment provided in this section shall be in
addition to any other punishment provided by law and shall not be
limited by any other provision of law.
(e) Notwithstanding any other provision of law, the court may strike
the additional punishment provided for in this section if it
determines that there are circumstances in mitigation of the
additional punishment and states on the record its reasons for
striking the additional punishment.
11353.5. Except as authorized by law, any person 18 years of age or
older who unlawfully prepares for sale upon school grounds or a public
playground, a child day care facility, a church, or a synagogue, or
sells or gives away a controlled substance, other than a controlled
substance described in Section 11353 or 11380, to a minor upon the
grounds of, or within, any school, child day care facility, public
playground, church, or synagogue providing instruction in preschool,
kindergarten, or any of grades 1 to 12, inclusive, or providing child
care services, during hours in which those facilities are open for
classes, school-related programs, or child care, or at any time when
minors are using the facility where the offense occurs, or upon the
grounds of a public playground during the hours in which
school-related programs for minors are being conducted, or at any time
when minors are using the facility where the offense occurs, shall be
punished by imprisonment in the state prison for five, seven, or nine
years. Application of this section shall be limited to persons at
least five years older than the minor to whom he or she prepares for
sale, sells, or gives away a controlled substance.
11353.6. (a) This section shall be known, and may be cited, as the
Juvenile Drug Trafficking and Schoolyard Act of 1988.
(b) Any person 18 years of age or over who is convicted of a violation
of Section 11351.5, 11352, or 11379.6, as those sections apply to
paragraph (1) of subdivision (f) of Section 11054, or of Section
11351, 11352, or 11379.6, as those sections apply to paragraph (11) of
subdivision (c) of Section 11054, or of Section 11378, 11379, or
11379.6, as those sections apply to paragraph (2) of subdivision (d)
of Section 11055, or of a conspiracy to commit one of those offenses,
where the violation takes place upon the grounds of, or within 1,000
feet of, a 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 where the offense occurs, shall receive an additional
punishment of 3, 4, or 5 years at the court's discretion.
(c) Any person 18 years of age or older who is convicted of a
violation pursuant to subdivision (b) which involves a minor who is at
least four years younger than that person, as a full and separately
served enhancement to that provided in subdivision (b), shall be
punished by imprisonment in the state prison for 3, 4, or 5 years at
the court's discretion.
(d) The additional terms provided in this section shall not be imposed
unless the allegation is charged in the accusatory pleading and
admitted or found to be true by the trier of fact.
(e) The additional terms provided in this section shall be in addition
to any other punishment provided by law and shall not be limited by
any other provision of law.
(f) Notwithstanding any other provision of law, the court may strike
the additional punishment for the enhancements provided in this
section if it determines that there are circumstances in mitigation of
the additional punishment and states on the record its reasons for
striking the additional punishment.
(g) "Within 1,000 feet of a public or private elementary, vocational,
junior high, or high school" means any public area or business
establishment where minors are legally permitted to conduct business
which is located within 1,000 feet of any public or private
elementary, vocational, junior high, or high school.
11353.7. Except as authorized by law, and except as provided otherwise
in Sections 11353.1, 11353.6, and 11380.1 with respect to playgrounds
situated in a public park, any person 18 years of age or older who
unlawfully prepares for sale in a public park, including units of the
state park system and state vehicular recreation areas, or sells or
gives away a controlled substance to a minor under the age of 14 years
in a public park, including units of the state park system and state
vehicular recreation areas, during hours in which the public park,
including units of the state park system and state vehicular
recreation areas, is open for use, with knowledge that the person is a
minor under the age of 14 years, shall be punished by imprisonment in
the state prison for three, six, or nine years.
11354. (a) Every person under the age of 18 years who in any voluntary
manner solicits, induces, encourages, or intimidates any minor with
the intent that the minor shall violate any provision of this chapter
or Section 11550, who hires, employs, or uses a minor to unlawfully
transport, carry, sell, give away, prepare for sale, or peddle (1) any
controlled substance specified in subdivision (b), (c), or (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, or who
unlawfully sells, furnishes, administers, gives, or offers to sell,
furnish, administer, or give, any such controlled substance to a minor
shall be punished by imprisonment in the state prison.
(b) This section is not intended to affect the jurisdiction of the
juvenile court.
11355. Every person who agrees, consents, or in any manner offers to
unlawfully sell, furnish, transport, administer, or give (1) any
controlled substance specified in subdivision (b), (c), or (e), or
paragraph (1) of subdivision (f) of Section 11054, specified in
paragraph (13), (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 to any person, or who offers, arranges, or negotiates to have any
such controlled substance unlawfully sold, delivered, transported,
furnished, administered, or given to any person and who then sells,
delivers, furnishes, transports, administers, or gives, or offers,
arranges, or negotiates to have sold, delivered, transported,
furnished, administered, or given to any person any other liquid,
substance, or material in lieu of any such controlled substance shall
be punished by imprisonment in the county jail for not more than one
year, or in the state prison.
11356. As used in this article "felony offense," and "offense
punishable as a felony" refer to an offense for which the law
prescribes imprisonment in the state prison as either an alternative
or the sole penalty, regardless of the sentence the particular
defendant received.
11356.5. (a) Any person convicted of a violation of Section 11351,
11352, 11379.5, or 11379.6 insofar as the latter section relates to
phencyclidine or any of its analogs which is specified in paragraph
(21), (22), or (23) of subdivision (d) of Section 11054 or in
paragraph (3) of subdivision (e) of Section 11055, who, as part of the
transaction for which he or she was convicted, has induced another to
violate Section 11351, 11352, 11379.5, or 11379.6 insofar as the
latter section relates to phencyclidine or its analogs, shall be
punished as follows:
(1) By an additional one year in prison if the value of the controlled
substance involved in the transaction for which the person was
convicted exceeds five hundred thousand dollars ($500,000).
(2) By an additional two years in prison if the value of the
controlled substance involved in the transaction for which the person
was convicted exceeds two million dollars ($2,000,000).
(3) By an additional three years in prison if the value of the
controlled substance involved in the transaction for which the person
was convicted exceeds five million dollars ($5,000,000).
(b) For purposes of this section, "value of the controlled substance"
means the retail price to the user.
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