11366.5
. (a) Any person who has under his or her management or
control any building, room, space, or enclosure, either as an owner,
lessee, agent, employee, or mortgagee, who knowingly rents, leases,
or makes available for use, with or without compensation, the
building, room, space, or enclosure for the purpose of unlawfully
manufacturing, storing, or distributing any controlled substance for
sale or distribution shall be punished by imprisonment in the county
jail for not more than one year, or pursuant to subdivision (h) of
Section 1170 of the Penal Code.
(b) Any person who has under his or her management or control any
building, room, space, or enclosure, either as an owner, lessee,
agent, employee, or mortgagee, who knowingly allows the building,
room, space, or enclosure to be fortified to suppress law enforcement
entry in order to further the sale of any amount of cocaine base as
specified in paragraph (1) of subdivision (f) of Section 11054,
cocaine as specified in paragraph (6) of subdivision (b) of Section
11055, heroin, phencyclidine, amphetamine, methamphetamine, or
lysergic acid diethylamide and who obtains excessive profits from the
use of the building, room, space, or enclosure shall be punished by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code for two, three, or four years.
(c) Any person who violates subdivision (a) after previously being
convicted of a violation of subdivision (a) shall be punished by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code for two, three, or four years.
(d) For the purposes of this section, "excessive profits" means
the receipt of consideration of a value substantially higher than
fair market value.