Section 11377 Of Article 5. Offenses Involving Controlled Substances Formerly Classified As Restricted Dangerous Drugs From California Health And Safety Code >> Division 10. >> Chapter 6. >> Article 5.
11377
. (a) Except as authorized by law and as otherwise provided in
subdivision (b) or Section 11375, or in Article 7 (commencing with
Section 4211) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who possesses any controlled substance
which is (1) classified in Schedule III, IV, or V, and which is not
a narcotic drug, (2) specified in subdivision (d) of Section 11054,
except paragraphs (13), (14), (15), and (20) of subdivision (d), (3)
specified in paragraph (11) of subdivision (c) of Section 11056, (4)
specified in paragraph (2) or (3) of subdivision (f) of Section
11054, or (5) specified in subdivision (d), (e), or (f) of Section
11055, unless upon the prescription of a physician, dentist,
podiatrist, or veterinarian, licensed to practice in this state,
shall be punished by imprisonment in a county jail for a period of
not more than one year, except that such person may 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) The judge may assess a fine not to exceed seventy dollars
($70) against any person who violates subdivision (a), with the
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.