Section 11370.4 Of Article 4. Miscellaneous Offenses And Provisions From California Health And Safety Code >> Division 10. >> Chapter 6. >> Article 4.
11370.4
. (a) Any person convicted of a violation of, or of a
conspiracy to violate, Section 11351, 11351.5, or 11352 with respect
to a substance containing heroin, cocaine base as specified in
paragraph (1) of subdivision (f) of Section 11054, or cocaine as
specified in paragraph (6) of subdivision (b) of Section 11055 shall
receive an additional term as follows:
(1) Where the substance exceeds one kilogram by weight, the person
shall receive an additional term of three years.
(2) Where the substance exceeds four kilograms by weight, the
person shall receive an additional term of five years.
(3) Where the substance exceeds 10 kilograms by weight, the person
shall receive an additional term of 10 years.
(4) Where the substance exceeds 20 kilograms by weight, the person
shall receive an additional term of 15 years.
(5) Where the substance exceeds 40 kilograms by weight, the person
shall receive an additional term of 20 years.
(6) Where the substance exceeds 80 kilograms by weight, the person
shall receive an additional term of 25 years.
The conspiracy enhancements provided for in this subdivision shall
not be imposed unless the trier of fact finds that the defendant
conspirator was substantially involved in the planning, direction,
execution, or financing of the underlying offense.
(b) Any person convicted of a violation of, or of conspiracy to
violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a
substance containing methamphetamine, amphetamine, phencyclidine
(PCP) and its analogs shall receive an additional term as follows:
(1) Where the substance exceeds one kilogram by weight, or 30
liters by liquid volume, the person shall receive an additional term
of three years.
(2) Where the substance exceeds four kilograms by weight, or 100
liters by liquid volume, the person shall receive an additional term
of five years.
(3) Where the substance exceeds 10 kilograms by weight, or 200
liters by liquid volume, the person shall receive an additional term
of 10 years.
(4) Where the substance exceeds 20 kilograms by weight, or 400
liters by liquid volume, the person shall receive an additional term
of 15 years.
In computing the quantities involved in this subdivision, plant or
vegetable material seized shall not be included.
The conspiracy enhancements provided for in this subdivision shall
not be imposed unless the trier of fact finds that the defendant
conspirator was substantially involved in the planning, direction,
execution, or financing of the underlying offense.
(c) The additional terms provided in this section shall not be
imposed unless the allegation that the weight of the substance
containing heroin, 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, methamphetamine,
amphetamine, or phencyclidine (PCP) and its analogs exceeds the
amounts provided in this section is charged in the accusatory
pleading and admitted or found to be true by the trier of fact.
(d) The additional terms provided in this section shall be in
addition to any other punishment provided by law.
(e) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
this section if it determines that there are circumstances in
mitigation of the additional punishment and states on the record its
reasons for striking the additional punishment.