AB 730, as introduced, Quirk. Controlled substances: transport.
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 marijuana, phencyclidine, as specified, and mushrooms containing certain controlled substances, as provided.
This bill would instead define “transport” for those purposes to mean to transport for sale.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11360 of the Health and Safety Code is
2amended to read:
(a) Except as otherwise provided by this section or as
4authorized by law, every person who transports, imports into this
5state, sells, furnishes, administers, or gives away, or offers to
6transport, import into this state, sell, furnish, administer, or give
7away, or attempts to import into this state or transport any
8marijuana shall be punished by imprisonment pursuant to
P2 1subdivision (h) of Section 1170 of the Penal Code for a period of
2two, three or four years.
3(b) Except as authorized by law, every person who gives away,
4offers to give away, transports, offers to transport, or attempts to
5transport not more than 28.5 grams of marijuana, other than
6concentrated cannabis, is guilty of a misdemeanor and shall be
7punished by a fine of not more than one hundred
dollars ($100).
8In any case in which a person is arrested for a violation of this
9subdivision and does not demand to be taken before a magistrate,
10such person shall be released by the arresting officer upon
11presentation of satisfactory evidence of identity and giving his
12written promise to appear in court, as provided in Section 853.6
13of the Penal Code, and shall not be subjected to booking.
14(c) For purposes of this section, “transport” means to transport
15for sale.
16(d) This section does not preclude or limit prosecution for any
17aiding and abetting or conspiracy offenses.
Section 11379.5 of the Health and Safety Code is
19amended to read:
(a) Except as otherwise provided in subdivision (b)
21and in Article 7 (commencing with Section 4211) of Chapter 9 of
22Division 2 of the Business and Professions Code, every person
23who transports, imports into this state, sells, furnishes, administers,
24or gives away, or offers to transport, import into this state, sell,
25furnish, administer, or give away, or attempts to import into this
26state or transport phencyclidine or any of its analogs which is
27specified in paragraph (21), (22), or (23) of subdivision (d) of
28Section 11054 or in paragraph (3) of subdivision (e) of Section
2911055, or its precursors as specified in subparagraph (A) or (B)
30of paragraph (2) of subdivision (f) of Section 11055, unless upon
31the prescription of a physician, dentist, podiatrist, or veterinarian
32licensed to practice in this state, shall be punished by
imprisonment
33pursuant to subdivision (h) of Section 1170 of the Penal Code for
34a period of three, four, or five years.
35(b) Notwithstanding the penalty provisions of subdivision (a),
36any person who transports for sale any controlled substances
37specified in subdivision (a) within this state from one county to
38another noncontiguous county shall be punished by imprisonment
39pursuant to subdivision (h) of Section 1170 of the Penal Code for
40three, six, or nine years.
P3 1(c) For purposes of this section, “transport” means to transport
2for sale.
3(d) This section does not preclude or limit prosecution for any
4aiding and abetting or
conspiracy offenses.
Section 11391 of the Health and Safety Code is
6amended to read:
begin insert(a)end insertbegin insert end insert Except as otherwise authorized by law, every
8person who transports, imports into this state, sells, furnishes, gives
9away, or offers to transport, import into this state, sell, furnish, or
10give away any spores or mycelium capable of producing
11mushrooms or other material which contain a controlled substance
12specified in paragraph (18) or (19) of subdivision (d) of Section
1311054 for the purpose of facilitating a violation of Section 11390
14shall be punished by imprisonment in the county jail for a period
15of not more than one year or in the state prison.
16(b) For purposes of this section, “transport” means to transport
17for sale.
18(c) This section does not preclude or limit prosecution for any
19aiding and abetting or conspiracy offenses.
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