Section 11379.8 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.
11379.8
. (a) Any person convicted of a violation of subdivision (a)
of Section 11379.6, or of a conspiracy to violate subdivision (a) of
Section 11379.6, with respect to any substance containing a
controlled substance which is specified in paragraph (21), (22), or
(23) of subdivision (d) of Section 11054, or in paragraph (1) or (2)
of subdivision (d) or in paragraph (3) of subdivision (e) or in
paragraph (2) of subdivision (f) of Section 11055 shall receive an
additional term as follows:
(1) Where the substance exceeds three gallons of liquid by volume
or one pound of solid substances by weight, the person shall receive
an additional term of three years.
(2) Where the substance exceeds 10 gallons of liquid by volume or
three pounds of solid substance by weight, the person shall receive
an additional term of five years.
(3) Where the substance exceeds 25 gallons of liquid by volume or
10 pounds of solid substance by weight, the person shall receive an
additional term of 10 years.
(4) Where the substance exceeds 105 gallons of liquid by volume or
44 pounds of solid substance by weight, 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.
(b) The additional terms provided in this section shall not be
imposed unless the allegation that the controlled substance 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.
(c) The additional terms provided in this section shall be in
addition to any other punishment provided by law.
(d) 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.
(e) The conspiracy enhancements provided for in this section shall
not be imposed unless the trier of fact finds that the defendant
conspirator was substantially involved in the direction or
supervision of, or in a significant portion of the financing of, the
underlying offense.