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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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