Section 11350 Of Article 1. Offenses Involving Controlled Substances Formerly Classified As Narcotics From California Health And Safety Code >> Division 10. >> Chapter 6. >> Article 1.
11350
. (a) Except as otherwise provided in this division, every
person who possesses (1) any controlled substance specified in
subdivision (b), (c), (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
in a county jail for not more than one year, except that such person
shall instead be punished pursuant to subdivision (h) of Section
1170 of the Penal Code if that person has one or more prior
convictions for an offense specified in clause (iv) of subparagraph
(C) of paragraph (2) of subdivision (e) of Section 667 of the Penal
Code or for an offense requiring registration pursuant to subdivision
(c) of Section 290 of the Penal Code.
(b) Except as otherwise provided in this division, whenever a
person who possesses any of the controlled substances specified in
subdivision (a), the judge may, in addition to any punishment
provided for pursuant to subdivision (a), assess against that person
a fine not to exceed seventy dollars ($70) with proceeds of this fine
to be used in accordance with Section 1463.23 of the Penal Code. The
court shall, however, take into consideration the defendant's
ability to pay, and no defendant shall be denied probation because of
his or her inability to pay the fine permitted under this
subdivision.
(c) Except in unusual cases in which it would not serve the
interest of justice to do so, whenever a court grants probation
pursuant to a felony conviction under this section, in addition to
any other conditions of probation which may be imposed, the following
conditions of probation shall be ordered:
(1) For a first offense under this section, a fine of at least one
thousand dollars ($1,000) or community service.
(2) For a second or subsequent offense under this section, a fine
of at least two thousand dollars ($2,000) or community service.
(3) If a defendant does not have the ability to pay the minimum
fines specified in paragraphs (1) and (2), community service shall be
ordered in lieu of the fine.