BILL NUMBER: AB 721	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 21, 2013

   An act to amend Sections 11352 and 11379 of the Health and Safety
Code, relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 721, as introduced, Bradford. Controlled substances:
transporting with intent to sell.
   Existing law categorizes controlled substances into 5 schedules
and restrictions on those contained in Schedule I. Existing law,
subject to exceptions, makes it an offense to, among other things,
transport specified Schedule I and II controlled substances, or any
Schedule III, IV, or V controlled substance which is a narcotic drug,
unless upon written prescription, as specified.
   This bill would instead make the transportation of those
controlled substances unlawful if an individual also has the intent
to sell.
   Existing law, subject to exceptions, makes it an offense to, among
other things, transport specified Schedule III, IV, or V controlled
substances which are not a narcotic drug, unless upon written
prescription, as specified.
   This bill would instead make that portion of the offense
transporting those controlled substances with the intent to sell.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11352 of the Health and Safety Code is amended
to read:
   11352.  (a)  Except as otherwise provided in this division, every
person who transports  with the intent to sell  , 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 pursuant to subdivision (h)
of Section 1170 of the Penal Code 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
pursuant to subdivision (h) of Section 1170 of the Penal Code for
three, six, or nine years.
  SEC. 2.  Section 11379 of the Health and Safety Code is amended to
read:
   11379.  (a)  Except as otherwise provided in subdivision (b) and
in Article 7 (commencing with Section 4211) of Chapter 9 of Division
2 of the Business and Professions Code, every person who transports
 with the intent to sell  , 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 controlled
substance which is (1) classified in Schedule III, IV, or V and which
is not a narcotic drug, except subdivision (g) of Section 11056, (2)
specified in subdivision (d) of Section 11054, except paragraphs
(13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3)
specified in paragraph (11) of subdivision (c) of Section 11056, (4)
specified in paragraph (2) or (3) of subdivision (f) of Section
11054, or (5) specified in subdivision (d) or (e), except paragraph
(3) of subdivision (e), or specified in subparagraph (A) of paragraph
(1) of subdivision (f), of Section 11055, unless upon the
prescription of a physician, dentist, podiatrist, or veterinarian,
licensed to practice in this state, shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for a
period of two, three, or four 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
pursuant to subdivision (h) of Section 1170 of the Penal Code for
three, six, or nine years.