BILL NUMBER: AB 721	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 26, 2013
	PASSED THE ASSEMBLY  AUGUST 30, 2013
	AMENDED IN SENATE  JUNE 27, 2013
	AMENDED IN SENATE  JUNE 18, 2013

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, 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 define "transports" for those purposes to
mean to transport for sale.
   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 define "transports" for those purposes to
mean to transport for sale.


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, 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 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.
   (c) For purposes of this section, "transports" means to transport
for sale.
   (d) This section does not preclude or limit the prosecution of an
individual for aiding and abetting the commission of, or conspiring
to commit, any act prohibited by this section.
  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,
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 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.
   (c) For purposes of this section, "transports" means to transport
for sale.
   (d) Nothing in this section is intended to preclude or limit
prosecution under an aiding and abetting theory or a conspiracy
theory.