Section 11353.5 Of Article 1. Offenses Involving Controlled Substances Formerly Classified As Narcotics From California Health And Safety Code >> Division 10. >> Chapter 6. >> Article 1.
11353.5
. Except as authorized by law, any person 18 years of age or
older who unlawfully prepares for sale upon school grounds or a
public playground, a child day care facility, a church, or a
synagogue, or sells or gives away a controlled substance, other than
a controlled substance described in Section 11353 or 11380, to a
minor upon the grounds of, or within, any school, child day care
facility, public playground, church, or synagogue providing
instruction in preschool, kindergarten, or any of grades 1 to 12,
inclusive, or providing child care services, during hours in which
those facilities are open for classes, school-related programs, or
child care, or at any time when minors are using the facility where
the offense occurs, or upon the grounds of a public playground during
the hours in which school-related programs for minors are being
conducted, or at any time when minors are using the facility where
the offense occurs, shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for five, seven, or
nine years. Application of this section shall be limited to persons
at least five years older than the minor to whom he or she prepares
for sale, sells, or gives away a controlled substance.