Here we go...
ABX6 9 is the State of California's answer to Prop 19.
The bill was introduced by Assembly Member Ammiano. Everyone should read it and see what to expect if 19 passes, from a State perspective. It outlines just about everything. From what the cops can do and can't, regulation, inspections, new criminal penalties.
Con't....
ABX6 9 is the State of California's answer to Prop 19.
The bill was introduced by Assembly Member Ammiano. Everyone should read it and see what to expect if 19 passes, from a State perspective. It outlines just about everything. From what the cops can do and can't, regulation, inspections, new criminal penalties.
BILL NUMBER: ABX6 9 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Ammiano
SEPTEMBER 21, 2010
An act to add Section 23394.1 to, and to add Chapter 19
(commencing with Section 26000) to Division 9 of, the Business and
Professions Code, to amend Section 68152 of the Government Code, to
amend Sections 1596.795, 11014.5, 11054, 11357, 11359, 11364.5,
11370, 11470, 11488, 11532, 11703, and 11705 of, to add Article 6
(commencing with Section 11310) to Chapter 5 of Division 10 of, and
to repeal Sections 11358, 11360, and 11485 of, the Health and Safety
Code, to add Part 14.6 (commencing with Section 34001) to Division 2
of the Revenue and Taxation Code, to amend Sections 23222 and
40000.15 of the Vehicle Code, and to amend Section 18901.3 of the
Welfare and Institutions Code, relating to marijuana.
LEGISLATIVE COUNSEL'S DIGEST
AB 9, as introduced, Ammiano. Marijuana Control and Regulation Act
of 2010.
Existing state law provides that every person who possesses,
sells, transports, or cultivates marijuana, concentrated cannabis, or
derivatives of marijuana, except as authorized by law, is guilty of
one or more crimes.
This bill would remove marijuana and its derivatives from existing
statutes defining and regulating controlled substances. The bill
would instead provide for regulation by the Department of Alcoholic
Beverage Control of the possession, cultivation, and other conduct
relating to marijuana and its derivatives, not including medical
marijuana, by persons 21 years of age and older, for specified
purposes. The bill would set up a wholesale and retail marijuana
sales regulation program to be administered and enforced by the
department, to commence after regulations concerning the program have
been issued by the department. The bill would ban local and state
assistance in enforcing inconsistent federal and other laws relating
to marijuana. The bill would provide for penalties for violations of
its provisions regarding new marijuana laws and regulations, as
specified.
By creating various crimes for violations of regulations and laws
created by this act, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would become operative only if Proposition 19 is adopted
at the November 2, 2010, statewide general election.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in enacting this,
the Marijuana Control and Regulation Act of 2010, to do all of the
following:
(a) To further the purposes of the "Regulate, Control and Tax
Cannabis Act of 2010" added by initiative at the November 2, 2010,
General Election, to establish a statewide regulatory system for a
commercial marijuana industry as specified in the initiative.
(b) To regulate marijuana and its derivatives for persons 21 years
of age or older.
(c) To remove all existing civil and criminal penalties for
persons 21 years of age or older who personally cultivate, possess,
process, share, or transport a limited amount of marijuana, solely
for that individual's personal consumption in a residence or other
nonpublic place, including premises licensed for that purpose, and
not for resale, without impacting existing laws proscribing dangerous
activities while under the influence of marijuana, or certain
conduct that exposes younger persons to marijuana.
(d) To regulate marijuana in order to more effectively limit
access to marijuana by minors.
(e) To deprive the criminal market of revenue derived from the
cultivation, smuggling, and sale of marijuana.
(f) To reduce the violence associated with the criminal market for
marijuana.
(g) To prevent the environmental degradation that results from the
production and eradication of marijuana associated with the criminal
market.
(h) To address the overall failure of marijuana prohibition to
protect the public health and safety.
(i) To raise funds and to discourage substance abuse by the
imposition of a substantial fee on the legal sale of marijuana, the
proceeds of which will support drug education and awareness programs.
(j) To impose a set of regulations and laws concerning marijuana
comparable to those imposed on alcohol.
(k) To impose fines for violations of the noncommercial
regulations and laws concerning marijuana.
(l) To prevent state and local agencies from supporting any
prosecution for federal or other crimes relating to marijuana that
are inconsistent with those provided in this bill.
(m) To exclude medical marijuana from the fees and regulations
imposed by this act.
To encourage the federal government to reconsider its policies
concerning marijuana, and to change its laws accordingly.
SEC. 2. Section 23394.1 is added to the Business and Professions
Code, to read:
23394.1. An off-sale general license, as provided for in Section
23394, also authorizes the sale, to consumers only and not for
resale, of marijuana, concentrated cannabis, or any of its
derivatives pursuant to the provisions of Chapter 19 (commencing with
Section 26000) of this division.
SEC. 3. Chapter 19 (commencing with Section 26000) is added to
Division 9 of the Business and Professions Code, to read:
CHAPTER 19. COMMERCIAL MARIJUANA PRODUCTION AND SALE
26000. (a) This chapter is an exercise of the police powers of
the state for the protection of the safety, welfare, health, peace,
and morals of the people of the state, to eliminate the evils of
unlicensed and unlawful production, selling, and disposing of
marijuana, and to promote temperance in the use and consumption of
marijuana. It is hereby declared that the subject matter of this
chapter involves in the highest degree the economic, social, and
moral well-being and the safety of the state and of all its people.
All provisions of this chapter shall be liberally construed for the
accomplishment of these purposes.
(b) It is the intention of the Legislature in enacting this
chapter to ensure the strict, honest, impartial, and uniform
administration and enforcement of marijuana laws throughout the state
governing the production, sale, disposal, and promotion of
temperance in the use and consumption of marijuana.
(c) The Department of Alcoholic Beverage Control shall administer
and enforce this chapter. The department shall make and prescribe
those reasonable rules as may be necessary or proper to carry out the
purposes and intent of, and to enable it to exercise the powers and
perform the duties conferred upon it by, this chapter.
26010. For purposes of this chapter, "marijuana" and "cannabis"
are interchangeable terms that mean all parts of the plant Cannabis
sativa L., whether growing or not; the resin extracted from any part
of the plant; concentrated cannabis; edible products containing the
above; and every active compound, manufacture, derivative, or
preparation of the plant or resin.
26020. (a) The department shall license commercial cultivators of
marijuana. The fee for the license shall be set at an amount that
will reasonably cover the costs of ensuring compliance with the
regulations to be issued, but may not exceed five thousand dollars
($5,000) for an initial application, or two thousand five hundred
dollars ($2,500) per year for each annual renewal.
(b) Regulations adopted by the department pursuant to this chapter
shall require background checks of applicants to be conducted. At
the request of the department, the Attorney General or any local
agency shall provide summary criminal history information to the
department as provided in Sections 11105 and 13300 of the Penal Code.
26030. The department shall, with consideration for the risks
posed by cultivation of a valuable crop with public health
implications that is subject to significant fees, issue and enforce
regulations concerning commercial cultivators of marijuana that
provide for all of the following:
(a) Adequate security to reasonably protect against unauthorized
access to the marijuana crop at all stages of cultivation,
harvesting, drying, processing, packing, and delivery to licensed
sales outlets or wholesalers. Each licensee shall be required to
provide a detailed crop security plan, along with satisfactory proof
of the financial ability of the licensee to provide for that
security.
(b) Appropriate employment rules, including the rule that a person
under 21 years of age may not have access to marijuana during
cultivation, storage, drying, or packing, or at any other time.
(c) Safeguards to ensure that a person under 21 years of age may
not transport marijuana on behalf of a commercial buyer or commercial
seller.
(d) Restrictions to ensure that marijuana is not used or consumed
on the premises of a commercial cultivator.
(e) An inspection and tracking system to reasonably ensure that
all marijuana produced by the cultivator that is eventually sold is
assessed pursuant to Part 14.6 (commencing with Section 34001) of
Division 2 of the Revenue and Taxation Code.
(f) Recordkeeping consistent with the regulatory needs of the
department.
(g) Ensure that all applicable statutory environmental and
agricultural requirements are followed in the cultivation of
marijuana.
26040. (a) The department shall license marijuana wholesalers,
which shall be allowed to package and prepare marijuana for sale, and
which shall be authorized to sell marijuana to licensed sales
outlets. The fee for the license shall be set in an amount that will
reasonably cover the costs of compliance with the regulations to be
issued, but may not exceed five thousand dollars ($5,000) for an
initial application, or two thousand five hundred dollars ($2,500)
per year for each annual renewal.
(b) The department shall issue regulations that include a
requirement that all applicants for licensure receive background
checks. At the request of the department, the Attorney General or any
local agency shall provide summary criminal history information to
the department as provided in Sections 11105 and 13300 of the Penal
Code.
26050. The department shall, with consideration for the risks
posed by a valuable commodity with public health implications that is
subject to significant fees, issue and enforce regulations
concerning the sale, packaging, and labeling of marijuana by
wholesale licensees. Those regulations shall provide for all of the
following:
(a) Adequate security to reasonably protect against unauthorized
access to marijuana at all stages of the wholesaler's possession of
the marijuana, including receiving, processing, packing, storage, and
delivery to licensed sales outlets. Each wholesaler shall be
required to provide a detailed product security plan, along with
satisfactory proof of the financial ability of the licensee to
provide for that security.
(b) Appropriate employment rules, including that no person under
21 years of age shall be employed or involved in any transaction
concerning marijuana, including, but not limited to, transporting,
receiving, processing, packing, storage, and delivery of marijuana.
(c) Restrictions to ensure that marijuana is not used or consumed
on the premises of a wholesaler.
(d) An inspection and tracking system to reasonably ensure that
all marijuana received by the wholesaler that is eventually sold is
assessed pursuant to Part 14.6 (commencing with Section 34001) of
Division 2 of the Revenue and Taxation Code.
(e) Recordkeeping consistent with the regulatory needs of the
department.
(f) Adequate labeling of packages of marijuana to describe the
purity, potency, processing, and any adulteration of the product.
26060. The department shall issue and enforce regulations
concerning the sale of marijuana by off-sale general licensees. Those
regulations shall provide for all of the following:
(a) An inspection and tracking system to ensure that marijuana may
not be sold by a licensee if that marijuana has not been made
subject to an assessment provided for in Part 14.6 (commencing with
Section 34001) of Division 2 of the Revenue and Taxation Code.
(b) Marijuana shall be kept behind a counter in an area not
directly accessible to any customer, and shall be stored in a case
that is locked between sales.
(c) Marijuana may not be sold to anyone under 21 years of age.
(d) Punishments for violations in actions against licensees that
are in substantial accord with those applicable to the regulation of
alcohol sales, including heavy penalties for permitting persons under
21 years of age to purchase these products and other appropriate
regulatory provisions concerning matters such as the time of sale,
deliveries, and signage, in addition to the criminal penalties
specified in Section 11361 of the Health and Safety Code. It is the
intent of the people in enacting this act that the regulation of
marijuana sales be consistent with the statutory guidance regarding
alcohol sales in Chapter 16 (commencing with Section 25600), to the
extent that consistency is feasible.
(e) Recordkeeping consistent with the regulatory needs of the
department.
26070. Beginning 30 days after the operative date of the
regulations issued pursuant to this chapter, the department shall
begin to enforce the provisions of this chapter.
26080. This chapter shall not apply to the medical use of
marijuana which is regulated by Section 11362.5 and Article 2.5
(commencing with Section 11362.7) of Chapter 6 of Division 10 of the
Health and Safety Code.
SEC. 4. Section 68152 of the Government Code is amended to read:
68152. The trial court clerk may destroy court records under
Section 68153 after notice of destruction and if there is no request
and order for transfer of the records, except the comprehensive
historical and sample superior court records preserved for research
under the California Rules of Court, when the following times have
expired after final disposition of the case in the categories listed:
(a) Adoption: retain permanently.
(b) Change of name: retain permanently.
(c) Other civil actions and proceedings, as follows:
(1) Except as otherwise specified: 10 years.
(2) Where a party appears by a guardian ad litem: 10 years after
termination of the court's jurisdiction.
(3) Domestic violence: same period as duration of the restraining
or other orders and renewals, then retain the restraining or other
orders as a judgment; 60 days after expiration of the temporary
protective or temporary restraining order.
(4) Eminent domain: retain permanently.
(5) Family law, except as otherwise specified: 30 years.
(6) Harassment: same period as duration of the injunction and
renewals, then retain the injunction as a judgment; 60 days after
expiration of the temporary restraining order.
(7) Mental health (Lanterman Developmental Disabilities Services
Act and Lanterman-Petris-Short Act): 30 years.
(8) Paternity: retain permanently.
(9) Petition, except as otherwise specified: 10 years.
(10) Real property other than unlawful detainer: retain
permanently if the action affects title or an interest in real
property.
(11) Small claims: 10 years.
(12) Unlawful detainer: one year if judgment is for possession of
the premises; 10 years if judgment is for money.
(d) Notwithstanding subdivision (c), any civil or small claims
case in the trial court:
(1) Involuntarily dismissed by the court for delay in prosecution
or failure to comply with state or local rules: one year.
(2) Voluntarily dismissed by a party without entry of judgment:
one year.
Notation of the dismissal shall be made on the civil index of
cases or on a separate dismissal index.
(e) Criminal.
(1) Capital felony (murder with special circumstances where the
prosecution seeks the death penalty): retain permanently. If the
charge is disposed of by acquittal or a sentence less than death, the
case shall be reclassified.
(2) Felony, except as otherwise specified: 75 years.
(3) Felony, except capital felony, with court records from the
initial complaint through the preliminary hearing or plea and for
which the case file does not include final sentencing or other final
disposition of the case because the case was bound over to the
superior court: five years.
(4) Misdemeanor, except as otherwise specified: five years.
(5) Misdemeanor alleging a violation of the Vehicle Code, except
as otherwise specified: three years.
(6) Misdemeanor alleging a violation of Section 23103, 23152, or
23153 of the Vehicle Code: 10 years.
(7) Misdemeanor alleging a violation of Section 14601, 14601.1,
20002, 23104, 23105, 23109, or 23109.1 of the Vehicle Code: five
years.
(8) Misdemeanor alleging a marijuana violation under subdivision
(b), (c), (d), (a) or (e)
(b) of Section 11357 of the Health and Safety
Code, or subdivision (b) of Section 11360 of the Health and
Safety Code in accordance with the procedure set forth in
Section 11361.5 of the Health and Safety Code: records shall be
destroyed two years from the date of conviction or from the date of
arrest if no conviction.
(9) Misdemeanor, infraction, or civil action alleging a violation
of the regulation and licensing of dogs under Sections 30951 to
30956, inclusive, of the Food and Agricultural Code or violation of
any other local ordinance: three years.
(10) Misdemeanor action resulting in a requirement that the
defendant register as a sex offender pursuant to Section 290 of the
Penal Code: 75 years. This paragraph shall apply to records relating
to a person convicted on or after September 20, 2006.
(11) Infraction, except as otherwise specified: three years.
(12) Parking infractions, including alleged violations under the
stopping, standing, and parking provisions set forth in Chapter 9
(commencing with Section 22500) of Division 11 of the Vehicle Code:
two years.
(f) Habeas corpus: same period as period for retention of the
records in the underlying case category.
(g) Juvenile.
(1) Dependent (Section 300 of the Welfare and Institutions Code):
upon reaching age 28 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed pursuant to subdivision (c) of
Section 389 of the Welfare and Institutions Code.
(2) Ward (Section 601 of the Welfare and Institutions Code): upon
reaching age 21 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed under subdivision (d) of Section
781 of the Welfare and Institutions Code.
(3) Ward (Section 602 of the Welfare and Institutions Code): upon
reaching age 38 under subdivision (a) of Section 826 of the Welfare
and Institutions Code. Sealed records shall be destroyed upon court
order when the subject of the record reaches the age of 38 under
subdivision (d) of Section 781 of the Welfare and Institutions Code.
(4) Traffic and some nontraffic misdemeanors and infractions
(Section 601 of the Welfare and Institutions Code): upon reaching age
21 or five years after jurisdiction over the person has terminated
under subdivision (c) of Section 826 of the Welfare and Institutions
Code. May be microfilmed or photocopied.
(5) Marijuana misdemeanor under subdivision (e)
(b) of Section 11357 of the Health and Safety Code in
accordance with procedures specified in subdivision (a) of Section
11361.5 of the Health and Safety Code: upon reaching age 18 the
records shall be destroyed.
(h) Probate.
(1) Conservatorship: 10 years after decree of termination.
(2) Guardianship: 10 years after the age of 18.
(3) Probate, including probated wills, except as otherwise
specified: retain permanently.
(i) Court records of the appellate division of the superior court:
five years.
(j) Other records.
(1) Applications in forma pauperis: any time after the disposition
of the underlying case.
(2) Arrest warrant: same period as period for retention of the
records in the underlying case category.
(3) Bench warrant: same period as period for retention of the
records in the underlying case category.
(4) Bond: three years after exoneration and release.
(5) Coroner's inquest report: same period as period for retention
of the records in the underlying case category; if no case, then
permanent.
(6) Court orders not associated with an underlying case, such as
orders for destruction of court records for telephone taps, or to
destroy drugs, and other miscellaneous court orders: three years.
(7) Court reporter notes: 10 years after the notes have been taken
in criminal and juvenile proceedings and five years after the notes
have been taken in all other proceedings, except notes reporting
proceedings in capital felony cases (murder with special
circumstances where the prosecution seeks the death penalty and the
sentence is death), including notes reporting the preliminary
hearing, which shall be retained permanently, unless the Supreme
Court on request of the court clerk authorizes the destruction.
(8) Electronic recordings made as the official record of the oral
proceedings under the California Rules of Court: any time after final
disposition of the case in infraction and misdemeanor proceedings,
10 years in all other criminal proceedings, and five years in all
other proceedings.
(9) Electronic recordings not made as the official record of the
oral proceedings under the California Rules of Court: any time either
before or after final disposition of the case.
(10) Index, except as otherwise specified: retain permanently.
(11) Index for cases alleging traffic violations: same period as
period for retention of the records in the underlying case category.
(12) Judgments within the jurisdiction of the superior court other
than in a limited civil case, misdemeanor case, or infraction case:
retain permanently.
(13) Judgments in misdemeanor cases, infraction cases, and limited
civil cases: same period as period for retention of the records in
the underlying case category.
(14) Minutes: same period as period for retention of the records
in the underlying case category.
(15) Naturalization index: retain permanently.
(16) Ninety-day evaluation (under Section 1203.03 of the Penal
Code): same period as period for retention of the records in the
underlying case category, or period for completion or termination of
probation, whichever is longer.
(17) Register of actions or docket: same period as period for
retention of the records in the underlying case category, but in no
event less than 10 years for civil and small claims cases.
(18) Search warrant: 10 years, except search warrants issued in
connection with a capital felony case defined in paragraph (7), which
shall be retained permanently.
(k) Retention of the court records under this section shall be
extended as follows:
(1) By order of the court on its own motion, or on application of
a party or an interested member of the public for good cause shown
and on those terms as are just. A fee shall not be charged for making
the application.
(2) Upon application and order for renewal of the judgment to the
extended time for enforcing the judgment.
SEC. 5. Section 1596.795 of the Health and Safety Code is amended
to read:
1596.795. (a) The smoking of tobacco or marijuana in a
private residence that is licensed as a family day care home shall
be prohibited during the hours of operation as a family day care home
and in those areas of the family day care home where children are
present. Nothing in this section shall prohibit a city or county from
enacting or enforcing an ordinance relating to the
smoking of tobacco or marijuana in a family day care home
if the ordinance is more stringent than this section.
(b) The smoking of tobacco or marijuana on the premises
of a licensed day care center shall be prohibited.
SEC. 6. Section 11014.5 of the Health and Safety Code is amended
to read:
11014.5. (a) "Drug paraphernalia" means all equipment,
products products, and materials of any kind
which that are designed for use or
marketed for use, use in planting,
propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance in violation of this division. It
includes, but is not limited to:
(1) Kits designed for use or marketed for use in planting,
propagating, cultivating, growing, or harvesting of any species of
plant which is a controlled substance or from which a controlled
substance can be derived.
(2) Kits designed for use or marketed for use in manufacturing,
compounding, converting, producing, processing, or preparing
controlled substances.
(3) Isomerization devices designed for use or marketed for use in
increasing the potency of any species of plant which is a controlled
substance.
(4) Testing equipment designed for use or marketed for use in
identifying, or in analyzing the strength, effectiveness, or purity
of controlled substances.
(5) Scales and balances designed for use or marketed for use in
weighing or measuring controlled substances.
(6) Containers and other objects designed for use or marketed for
use in storing or concealing controlled substances.
(7) Hypodermic syringes, needles, and other objects designed for
use or marketed for use in parenterally injecting controlled
substances into the human body.
(8) Objects designed for use or marketed for use in ingesting,
inhaling, or otherwise introducing marijuana, cocaine,
hashish, or hashish oil cocaine into the human
body, such as the following :
(A) Carburetion tubes and devices.
(B) Smoking and carburetion masks.
(C) Roach clips, meaning objects used to hold burning
material, such as a marijuana cigarette, material
that has become too small or too short to be held in the hand.
(D) Miniature cocaine spoons, and cocaine vials.
(E) Chamber pipes.
(F) Carburetor pipes.
(G) Electric pipes.
(H) Air-driven pipes.
(I) Chillums.
(J) Bongs.
(K) Ice pipes or chillers.
(b) For the purposes of this section, the phrase "marketed for use"
means advertising, distributing, offering for sale, displaying for
sale, or selling in a manner which promotes the use of equipment,
products, or materials with controlled substances.
(c) In determining whether an object is drug paraphernalia, a
court or other authority may consider, in addition to all other
logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object
concerning its use.
(2) Instructions, oral or written, provided with the object
concerning its use for ingesting, inhaling, or otherwise introducing
a controlled substance into the human body.
(3) Descriptive materials accompanying the object which explain or
depict its use.
(4) National and local advertising concerning its use.
(5) The manner in which the object is displayed for sale.
(6) Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products.
(7) Expert testimony concerning its use.
(d) If any provision of this section or the application thereof to
any person or circumstance is held invalid, it is the intent of the
Legislature that the invalidity shall not affect other provisions or
applications of the section which can be given effect without the
invalid provision or application and to this end the provisions of
this section are severable.
SEC. 7. Section 11054 of the Health and Safety Code is amended to
read:
11054. (a) The controlled substances listed in this section are
included in Schedule I.
(b) Opiates. Unless specifically excepted or unless listed in
another schedule, any of the following opiates, including their
isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers whenever the existence of those isomers, esters, ethers, and
salts is possible within the specific chemical designation:
(1) Acetylmethadol.
(2) Allylprodine.
(3) Alphacetylmethadol (except levoalphacetylmethadol, also known
as levo-alpha- acetylmethadol
levo-alpha-acetylmethadol , levomethadyl acetate, or LAAM).
(4) Alphameprodine.
(5) Alphamethadol.
(6) Benzethidine.
(7) Betacetylmethadol.
(8) Betameprodine.
(9) Betamethadol.
(10) Betaprodine.
(11) Clonitazene.
(12) Dextromoramide.
(13) Diampromide.
(14) Diethylthiambutene.
(15) Difenoxin.
(16) Dimenoxadol.
(17) Dimepheptanol.
(18) Dimethylthiambutene.
(19) Dioxaphetyl butyrate.
(20) Dipipanone.
(21) Ethylmethylthiambutene.
(22) Etonitazene.
(23) Etoxeridine.
(24) Furethidine.
(25) Hydroxypethidine.
(26) Ketobemidone.
(27) Levomoramide.
(28) Levophenacylmorphan.
(29) Morpheridine.
(30) Noracymethadol.
(31) Norlevorphanol.
(32) Normethadone.
(33) Norpipanone.
(34) Phenadoxone.
(35) Phenampromide.
(36) Phenomorphan.
(37) Phenoperidine.
(38) Piritramide.
(39) Proheptazine.
(40) Properidine.
(41) Propiram.
(42) Racemoramide.
(43) Tilidine.
(44) Trimeperidine.
(45) Any substance which contains any quantity of acetylfentanyl
(N-[1-phenethyl-4-piperidinyl] acetanilide) or a derivative thereof.
(46) Any substance which contains any quantity of the thiophene
analog of acetylfentanyl (N-[1-[2-(2-thienyl)ethyl]-4-piperidinyl]
acetanilide) or a derivative thereof.
(47) 1-Methyl-4-Phenyl-4-Propionoxypiperidine (MPPP).
(48) 1-(2-Phenethyl)-4-Phenyl-4-Acetyloxypiperidine (PEPAP).
(c) Opium derivatives. Unless specifically excepted or unless
listed in another schedule, any of the following opium derivatives,
its salts, isomers, and salts of isomers whenever the existence of
those salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(1) Acetorphine.
(2) Acetyldihydrocodeine.
(3) Benzylmorphine.
(4) Codeine methylbromide.
(5) Codeine-N-Oxide.
(6) Cyprenorphine.
(7) Desomorphine.
(8) Dihydromorphine.
(9) Drotebanol.
(10) Etorphine (except hydrochloride salt).
(11) Heroin.
(12) Hydromorphinol.
(13) Methyldesorphine.
(14) Methyldihydromorphine.
(15) Morphine methylbromide.
(16) Morphine methylsulfonate.
(17) Morphine-N-Oxide.
(18) Myrophine.
(19) Nicocodeine.
(20) Nicomorphine.
(21) Normorphine.
(22) Pholcodine.
(23) Thebacon.
(d) Hallucinogenic substances. Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture,
or preparation, which contains any quantity of the following
hallucinogenic substances, or which contains any of its salts,
isomers, and salts of isomers whenever the existence of those salts,
isomers, and salts of isomers is possible within the specific
chemical designation (for purposes of this subdivision only, the term
"isomer" includes the optical, position, and geometric isomers):
(1) 4-bromo-2,5-dimethoxy-amphetamine--Some trade or other names:
4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA.
(2) 2,5-dimethoxyamphetamine--Some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA.
(3) 4-methoxyamphetamine--Some trade or other names:
4-methoxy-alpha-methylphenethylamine, paramethoxyamphetamine, PMA.
(4) 5-methoxy-3,4-methylenedioxy-amphetamine.
(5) 4-methyl-2,5-dimethoxy-amphetamine--Some trade or other names:
4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"; and "STP."
(6) 3,4-methylenedioxy amphetamine.
(7) 3,4,5-trimethoxy amphetamine.
(8) Bufotenine--Some trade or other names: 3-
(beta-dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5
indolol; N,N-dimethylserolonin, 5-hydroxy-N,N-dimethyltryptamine;
mappine.
(9) Diethyltryptamine--Some trade or other names:
N,N-Diethyltryptamine; DET.
(10) Dimethyltryptamine--Some trade or other names: DMT.
(11) Ibogaine--Some trade or other names: 7-Ethyl-6,6beta,
7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1',2':1,2]
azepino [5,4-b] indole; Tabernantheiboga.
(12) Lysergic acid diethylamide.
(13) Marijuana.
(14) Mescaline.
(15) Peyote--Meaning all parts of the plant presently classified
botanically as Lophophora williamsii Lemaire, whether growing or not,
the seeds thereof, any extract from any part of the plant, and every
compound, manufacture, salts, derivative, mixture, or preparation of
the plant, its seeds or extracts (interprets 21 U.S.C. Sec. 812(c),
Schedule 1(c)(12)).
(16) N-ethyl-3-piperidyl benzilate.
(17) N-methyl-3-piperidyl benzilate.
(18) Psilocybin.
(19) Psilocyn.
(20) Tetrahydrocannabinols. Synthetic
tetrahydrocannabinols not derived from cannabis plants. Synthetic
equivalents of the substances contained in the plant, or in the
resinous extractives of Cannabis, sp. and/or
or synthetic substances, derivatives, and their isomers with
similar chemical structure and pharmacological activity such as the
following: delta 1 cis or trans tetrahydrocannabinol, and their
optical isomers; delta 6 cis or trans tetrahydrocannabinol, and their
optical isomers; delta 3,4 cis or trans tetrahydrocannabinol, and
its optical isomers.
(Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of numerical
designation of atomic positions covered).
(21) Ethylamine analog of phencyclidine--Some trade or other
names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE.
(22) Pyrrolidine analog of phencyclidine--Some trade or other
names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCP, PHP.
(23) Thiophene analog of phencyclidine--Some trade or other names:
1-[1-(2 thienyl)-cyclohexyl]-piperidine, 2-thienyl analog of
phencyclidine, TPCP, TCP.
(e) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a
depressant effect on the central nervous system, including its salts,
isomers, and salts of isomers whenever the existence of those salts,
isomers, and salts of isomers is possible within the specific
chemical designation:
(1) Mecloqualone.
(2) Methaqualone.
(3) Gamma hydroxybutyric acid (also known by other names such as
GHB; gamma hydroxy butyrate; 4-hydroxybutyrate; 4-hydroxybutanoic
acid; sodium oxybate; sodium oxybutyrate), including its immediate
precursors, isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, including, but not limited to,
gammabutyrolactone, for which an application has not been approved
under Section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. Sec. 355).
(f) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its isomers:
(1) Cocaine base.
(2) Fenethylline, including its salts.
(3) N-Ethylamphetamine, including its salts.
SEC. 8. Article 6 (commencing with Section 11310) is added to
Chapter 5 of Division 10 of the Health and Safety Code, to read:
Article 6. Marijuana
11310. For purposes of this article, "marijuana" and "cannabis"
are interchangeable terms that mean all parts of the plant Cannabis
sativa L., whether growing or not; the resin extracted from any part
of the plant; concentrated cannabis; edible products containing the
above; and every active compound, manufacture, derivative, or
preparation of the plant or resin.
11310.1. (a) It is lawful and not a violation of California law
for a person 21 years of age or older to personally possess, process,
share, or transport not more than 16 ounces of marijuana solely for
the individual's consumption and not for resale.
(b) Possession of more than 16 ounces of marijuana, except as
authorized by paragraph (iii) of subdivision (a) of Section 11300 or
another applicable law, is a violation of this article.
11310.2. (a) It is lawful and not a violation of California law
to sell at retail in licensed premises, as provided in Chapter 19
(commencing with Section 26000) of Division 9 of the Business and
Professions Code, not more than one ounce of marijuana per marijuana
transaction to a person 21 years of age or older.
(b) Any sale of marijuana inconsistent with subdivision (a) or by
a person not licensed as required after the date determined by
Section 26070 of the Business and Professions Code is a violation of
this article. This subdivision shall not preclude prosecution or
enforcement pursuant to regulations adopted pursuant to Chapter 19
(commencing with Section 26000) of Division 9 of the Business and
Professions Code, Section 11361, or any other applicable law.
11310.3. (a) It is lawful and not a violation of California law
for a person 21 years of age or older to smoke or ingest marijuana in
a residence or other nonpublic place, or on licensed premises open
to the public that are licensed pursuant Chapter 19 (commencing with
Section 26000) of Division 9 of the Business and Professions Code.
(b) It is a violation of this article to smoke marijuana in a
public place.
11310.4. It is lawful and not a violation of California law,
except as provided in subdivision (f) of Section 647 of the Penal
Code, or Section 11729, for a person 21 years of age or older to be
under the influence of marijuana.
11310.5. It is unlawful for a person not licensed pursuant to
Chapter 19 (commencing with Section 26000) of Division 9 of the
Business and Professions Code to cultivate marijuana, except in
compliance with the following requirements:
(a) Marijuana may be cultivated only by persons 21 years of age or
older.
(b) Marijuana may be cultivated and possessed in compliance with
Section 11300.
(c) A licensed nursery may cultivate seedlings for sale to persons
21 years of age or older, but shall destroy any seedling if it has
not been purchased by a consumer before it reaches maturity.
(d) Except for the sale of seedlings by a licensed nursery,
marijuana cultivated pursuant to this section may not be sold.
(e) For the purposes of this article, "seedling" means a marijuana
plant with no observable flowers or buds.
11310.6. (a) Unlawful cultivation of marijuana is a violation of
this article.
(b) Providing or selling marijuana to, or purchasing or
cultivating marijuana for, a person under 21 years of age is a
violation of this article. However, this article is not intended to
preclude prosecution under Section 11361, Section 272 of the Penal
Code, or any other applicable provision.
(c) Selling, providing, or transporting marijuana, or possessing
marijuana with the intent to sell, provide, or transport that
marijuana, into a state in which the receiving, purchasing, or
possessing of marijuana would violate that state's laws is a
violation of this article.
(d) Possession or use of marijuana by a person under 21 years of
age is a violation of this article.
11310.7. Violations of this article shall be penalized as
follows:
(a) A violation of subdivision (b) of Section 11310.1 is an
infraction punishable by a fine not exceeding one hundred dollars
($100).
(b) A violation of subdivision (b) of Section 11310.2 is a
misdemeanor.
(c) A violation of subdivision (b) of Section 11310.3 is an
infraction punishable by a fine not exceeding one hundred dollars
($100).
(d) A violation of subdivision (a) of Section 11310.6 is a
misdemeanor punishable by imprisonment in a county jail not exceeding
10 days.
(e) A violation of subdivision (b) of Section 11310.6 is an
infraction punishable by a fine not exceeding one hundred dollars
($100).
(f) A violation of subdivision (c) of Section 11310.6 is a felony.
(g) A violation of subdivision (d) of Section 11310.6 is an
infraction punishable by a fine not exceeding one hundred dollars
($100).
11310.8. Notwithstanding any other law, it is lawful and not a
violation of California law to possess, transport, or sell the mature
stalks of the plant Cannabis sativa L., fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of
the mature stalks (except the resin extracted therefrom, which is
regulated as marijuana), fiber, oil, or cake, or the sterilized seed
of the plant that is incapable of germination.
11310.9. State or local funds shall not be expended on, and state
or local law enforcement or other personnel shall not assist in, the
enforcement of any federal or other laws that are inconsistent with
this article, or provide for greater sanctions than those in state
law for conduct prohibited by this article.
11311. This article shall not be construed to affect or limit any
criminal statute that forbids impairment while engaging in dangerous
activities like driving, or that penalizes bringing marijuana to a
school enrolling pupils in kindergarten or any of grades 1 to 12,
inclusive.
11311.1. This article shall not be construed to affect the rights
of employers concerning employees who use marijuana.
11311.2. This article shall not apply to the medical use of
marijuana which is regulated by Section 11362.5 and Article 2.5
(commencing with Section 11362.7).
SEC. 9. Section 11357 of the Health and Safety Code is amended to
read:
Con't....