California BILL NUMBER: AB 390 Summary

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BILL NUMBER: AB 390 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 23, 2009
An act to add Section 22394.1 to, and to add Chapter 14.5
(commencing with Section 25400) to Division 9 of, the Business and
Professions Code, to amend Section 68152 of the Government Code, to
amend Sections 11014.5, 11054, 11357, 11364.5, 11370, 11470, 11479,
11488, 11532, 11703, and 11705 of, to add Division 10.3 (commencing
with Section 11720) to, and to repeal Sections 11358, 11359, 11360,
11361, 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 390, as introduced, Ammiano. Marijuana Control, Regulation, and
Education Act.
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. It would
instead legalize the possession, sale, cultivation, and other conduct
relating to marijuana and its derivatives by persons 21 years of age
and older, except as specified. It would set up a wholesale and
retail marijuana sales regulation program, including special fees to
fund drug abuse prevention programs, as specified, to commence after
regulations concerning the program have been issued, and federal law
permits possession and sale consistent with the program. It would ban
local and state assistance in enforcing inconsistent federal and
other laws relating to marijuana, and would provide specified
infraction penalties for violations of these new marijuana laws and
regulations, as specified. It would make other conforming changes.
By creating various infractions 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.
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, Regulation, and Education Act, to do all of
the following:
(a) To legalize marijuana and its derivatives.
(b) To remove all existing civil and criminal penalties for adults
21 years of age or older who cultivate, possess, transport, sell, or
use marijuana, without impacting existing laws proscribing dangerous
activities while under the influence of marijuana, or certain
conduct that exposes younger persons to marijuana.
(c) To ensure that the proper regulatory apparatus for marijuana
sale and cultivation is ready when permitted by the federal
government.
(d) 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.
(e) To impose a set of regulations and laws concerning marijuana
comparable to those imposed on alcohol.
(f) To impose substantial fines for violations of the
noncommercial regulations and laws concerning marijuana, which will
be applicable until and after commercial marijuana is available by
virtue of future changes in federal law.
(g) 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.
(h) To exclude from the fees and regulations imposed by this act
marijuana that is for uses other than smoking or ingestion, and to
exclude medicinal marijuana from fees under these provisions.
(i) 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 14.5 (commencing
with Section 25400) of this division.
SEC. 3. Chapter 14.5 (commencing with Section 25400) is added to
Division 9 of the Business and Professions Code, to read:
CHAPTER 14.5. COMMERCIAL MARIJUANA PRODUCTION AND SALE
25400. For purposes of this chapter, "marijuana" means all parts
of the plant Cannabis sativa L., whether growing or not; the seeds
thereof; the resin extracted from any part of the plant; concentrated
cannabis; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin. It does not
include the mature stalks of the plant, 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), fiber, oil,
or cake, or the sterilized seed of the plant that is incapable of
germination.
25401. (a) The department shall license commercial cultivators of
marijuana. The fee for the license shall be set at an amount that
will reasonably cover to costs of assuring 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 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.
25402. 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, packing, or at any other time.
(c) Safeguards to assure 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.
25403. (a) The department shall license marijuana wholesalers,
who shall be allowed to package and prepare marijuana for sale, and
who 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.
25404. 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 and packaging 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 the rule that a person
under 21 years of age may not have access to marijuana during
receiving, processing, packing, storage, and delivery or at any other
time.
(c) Safeguards to assure 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 wholesaler.
(e) 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.
(f) Recordkeeping consistent with the regulatory needs of the
department.
25405. 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 such matters as the time of sale,
deliveries, and signage. 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.
25406. Beginning 30 days after the operative date of the
regulations issued pursuant to this chapter, or 30 days after the
date when federal law permits the possession and sale of marijuana
consistent with this chapter, whichever is latest, the department
shall begin to enforce the provisions of this chapter.
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), or (e) (a) or (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 11014.5 of the Health and Safety Code is amended
to read:
11014.5. (a) "Drug paraphernalia" means all equipment, products
, and materials of any kind which
that are designed for use or marketed for 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 into the human
body, such as:
(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, 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. 6. 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, 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 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. 7. Section 11357 of the Health and Safety Code is amended to
read:
11357. (a) Except as authorized by law, every person who
possesses any concentrated cannabis shall be punished by imprisonment
in the county jail for a period of not more than one year or by a
fine of not more than five hundred dollars ($500), or by both such
fine and imprisonment, or shall be punished by imprisonment in the
state prison.
(b) Except as authorized by law, every person who possesses not
more than 28.5 grams of marijuana, other than concentrated cannabis,
is guilty of a misdemeanor and shall be punished by a fine of not
more than one hundred dollars ($100). Notwithstanding other
provisions of law, if such person has been previously convicted three
or more times of an offense described in this subdivision during the
two-year period immediately preceding the date of commission of the
violation to be charged, the previous convictions shall also be
charged in the accusatory pleading and, if found to be true by the
jury upon a jury trial or by the court upon a court trial or if
admitted by the person, the provisions of Sections 1000.1 and 1000.2
of the Penal Code shall be applicable to him, and the court shall
divert and refer him for education, treatment, or rehabilitation,
without a court hearing or determination or the concurrence of the
district attorney, to an appropriate community program which will
accept him. If the person is so diverted and referred he shall not be
subject to the fine specified in this subdivision. If no community
program will accept him, the person shall be subject to the fine
specified in this subdivision. In any case in which a person is
arrested for a violation of this subdivision and does not demand to
be taken before a magistrate, such person shall be released by the
arresting officer upon presentation of satisfactory evidence of
identity and giving his written promise to appear in court, as
provided in Section 853.6 of the Penal Code, and shall not be
subjected to booking.
(c) Except as authorized by law, every person who possesses more
than 28.5 grams of marijuana, other than concentrated cannabis, shall
be punished by imprisonment in the county jail for a period of not
more than six months or by a fine of not more than five hundred
dollars ($500), or by both such fine and imprisonment.
(d)
11357. (a) Except as authorized by law,
every person 18 years of age or over who possesses not more
than 28.5 grams of marijuana , other than
or concentrated cannabis ,
upon the grounds of, or within, any school providing instruction in
kindergarten or any of grades 1 through 12 during hours the school is
open for classes or school-related programs is guilty of a
misdemeanor and shall be punished by a fine of not more than five
hundred dollars ($500), or by imprisonment in the county jail for a
period of not more than 10 days, or both.
(e)
(b) Except as authorized by law, every person under the
age of 18 who possesses not more than 28.5 grams of
marijuana , other than or
concentrated cannabis, upon the grounds of, or within, any school
providing instruction in kindergarten or any of grades 1 through 12
during hours the school is open for classes or school-related
programs is guilty of a misdemeanor and shall be subject to the
following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250), upon
a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or
commitment to a juvenile hall, ranch, camp, forestry camp, or secure
juvenile home for a period of not more than 10 days, or both, upon a
finding that a second or subsequent offense has been committed.
SEC. 8. Section 11358 of the Health and Safety Code is repealed.

11358. Every person who plants, cultivates, harvests, dries, or
processes any marijuana or any part thereof, except as otherwise
provided by law, shall be punished by imprisonment in the state
prison.
SEC. 9. Section 11359 of the Health and Safety Code is repealed.

11359. Every person who possesses for sale any marijuana, except
as otherwise provided by law, shall be punished by imprisonment in
the state prison.
SEC. 10. Section 11360 of the Health and Safety Code is repealed.

11360. (a) Except as otherwise provided by this section or as
authorized by law, 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 any
marijuana shall be punished by imprisonment in the state prison for a
period of two, three or four years.
(b) Except as authorized by law, every person who gives away,
offers to give away, transports, offers to transport, or attempts to
transport not more than 28.5 grams of marijuana, other than
concentrated cannabis, is guilty of a misdemeanor and shall be
punished by a fine of not more than one hundred dollars ($100). In
any case in which a person is arrested for a violation of this
subdivision and does not demand to be taken before a magistrate, such
person shall be released by the arresting officer upon presentation
of satisfactory evidence of identity and giving his written promise
to appear in court, as provided in Section 853.6 of the Penal Code,
and shall not be subjected to booking.
SEC. 11. Section 11361 of the Health and Safety Code is repealed.

11361. (a) Every person 18 years of age or over who hires,
employs, or uses a minor in unlawfully transporting, carrying,
selling, giving away, preparing for sale, or peddling any marijuana,
who unlawfully sells, or offers to sell, any marijuana to a minor, or
who furnishes, administers, or gives, or offers to furnish,
administer, or give any marijuana to a minor under 14 years of age,
or who induces a minor to use marijuana in violation of law shall be
punished by imprisonment in the state prison for a period of three,
five, or seven years.
(b) Every person 18 years of age or over who furnishes,
administers, or gives, or offers to furnish, administer, or give, any
marijuana to a minor 14 years of age or older shall be punished by
imprisonment in the state prison for a period of three, four, or five
years.

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