Article 1. Addicts of California Health And Safety Code >> Division 10. >> Chapter 10. >> Article 1.
(a) A person shall not use, or be under the influence of any
controlled substance that is (1) specified in subdivision (b), (c),
or (e), or paragraph (1) of subdivision (f) of Section 11054,
specified in paragraph (14), (15), (21), (22), or (23) of subdivision
(d) of Section 11054, specified in subdivision (b) or (c) of Section
11055, or specified in paragraph (1) or (2) of subdivision (d) or in
paragraph (3) of subdivision (e) of Section 11055, or (2) a narcotic
drug classified in Schedule III, IV, or V, except when administered
by or under the direction of a person licensed by the state to
dispense, prescribe, or administer controlled substances. It shall be
the burden of the defense to show that it comes within the
exception. A person convicted of violating this subdivision is guilty
of a misdemeanor and shall be sentenced to serve a term of not more
than one year in a county jail. The court may also place a person
convicted under this subdivision on probation for a period not to
exceed five years.
(b) (1) A person who is convicted of violating subdivision (a)
when the offense occurred within seven years of that person being
convicted of two or more separate violations of that subdivision, and
refuses to complete a licensed drug rehabilitation program offered
by the court pursuant to subdivision (c), shall be punished by
imprisonment in a county jail for not less than 180 days nor more
than one year. In no event does the court have the power to absolve a
person convicted of a violation of subdivision (a) who is punishable
under this subdivision from the obligation of spending at least 180
days in confinement in a county jail unless there are no licensed
drug rehabilitation programs reasonably available.
(2) For the purpose of this section, a drug rehabilitation
program is not reasonably available unless the person is not required
to pay more than the court determines that he or she is reasonably
able to pay in order to participate in the program.
(c) (1) The court may, when it would be in the interest of
justice, permit a person convicted of a violation of subdivision (a)
punishable under subdivision (a) or (b) to complete a licensed drug
rehabilitation program in lieu of part or all of the imprisonment in
a county jail. As a condition of sentencing, the court may require
the offender to pay all or a portion of the drug rehabilitation
(2) In order to alleviate jail overcrowding and to provide
recidivist offenders with a reasonable opportunity to seek
rehabilitation pursuant to this subdivision, counties are encouraged
to include provisions to augment licensed drug rehabilitation
programs in their substance abuse proposals and applications
submitted to the state for federal and state drug abuse funds.
(d) In addition to any fine assessed under this section, the judge
may assess a fine not to exceed seventy dollars ($70) against a
person who violates this section, 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 a defendant shall not be denied probation because of his
or her inability to pay the fine permitted under this subdivision.
(e) (1) Notwithstanding subdivisions (a) and (b) or any other law,
a person who is unlawfully under the influence of cocaine, cocaine
base, heroin, methamphetamine, or phencyclidine while in the
immediate personal possession of a loaded, operable firearm is guilty
of a public offense punishable by imprisonment in a county jail for
not exceeding one year or in state prison.
(2) As used in this subdivision "immediate personal possession"
includes, but is not limited to, the interior passenger compartment
of a motor vehicle.
(f) Every person who violates subdivision (e) is punishable upon
the second and each subsequent conviction by imprisonment in the
state prison for two, three, or four years.
(g) This section does not prevent deferred entry of judgment or a
defendant's participation in a preguilty plea drug court program
under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2
of the Penal Code unless the person is charged with violating
subdivision (b) or (c) of Section 243 of the Penal Code. A person
charged with violating this section by being under the influence of
any controlled substance which is specified in paragraph (21), (22),
or (23) of subdivision (d) of Section 11054 or in paragraph (3) of
subdivision (e) of Section 11055 and with violating either
subdivision (b) or (c) of Section 243 of the Penal Code or with a
violation of subdivision (e) shall be ineligible for deferred entry
of judgment or a preguilty plea drug court program.
(a) Whenever any court in this state grants probation to a
person who the court has reason to believe is or has been a user of
controlled substances, the court may require as a condition to
probation that the probationer submit to periodic tests by a city or
county health officer, or by a physician and surgeon appointed by the
city or county health officer with the approval of the Attorney
General, to determine, by whatever means is available, whether the
probationer is addicted to a controlled substance.
In any case provided for in this subdivision, the city or county
health officer, or the physician and surgeon appointed by the city or
county health officer with the approval of the Attorney General
shall report the results of the tests to the probation officer.
(b) In any case in which a person is granted parole by a county
parole board and the person is or has been a user of controlled
substances, a condition of the parole may be that the parolee undergo
periodic tests as provided in subdivision (a) and that the county or
city health officer, or the physician and surgeon appointed by the
city or county health officer with the approval of the Attorney
General, shall report the results to the board.
(c) In any case in which any state agency grants a parole to a
person who is or has been a user of controlled substances, it may be
a condition of the parole that the parolee undergo periodic tests as
provided in subdivision (a) and that the county or city health
officer, or the physician and surgeon appointed by the city or county
health officer with the approval of the Attorney General, shall
report the results of the tests to such state agency.
(d) The cost of administering tests pursuant to subdivisions (a)
and (b) shall be a charge against the county. The cost of
administering tests pursuant to subdivision (c) shall be paid by the
(e) The state department, in conjunction with the Attorney
General, shall issue regulations governing the administering of the
tests provided for in this section and providing the form of the
report required by this section.
In any case in which a person has been arrested for a
criminal offense and is suspected of being addicted to a controlled
substance, a law enforcement officer having custody of such person
may, with the written consent of such person, request the city or
county health officer, or physician appointed by such health officer
pursuant to Section 11551, to administer to the arrested person a
test to determine, by whatever means is available whether the
arrested person is addicted to a controlled substance, and such
health officer or physician may administer such test to such arrested
The fact that a person is or has been, or is suspected of
being, a user of marijuana is not alone sufficient grounds upon which
to invoke Section 11551 or 11552.
This section shall not be construed to limit the discretion of a
judge to invoke Section 11551 or 11552 if the court has reason to
believe a person is or has been a user of narcotics or drugs other
The rehabilitation of persons addicted to controlled
substances and the prevention of continued addiction to controlled
substances is a matter of statewide concern. It is the policy of the
state to encourage each county and city and county to make use,
whenever applicable, of testing procedures to determine addiction to
controlled substances or the absence thereof, and to foster research
in means of detecting the existence of addiction to controlled
substances and in medical methods and procedures for that purpose.
The Attorney General is directed to promote and sponsor the
use by agencies of local government of the provisions of this
article. The Attorney General may assist such agencies to establish
facilities for, and to train personnel to conduct testing procedures
pursuant to Section 11551, and may conduct demonstrations thereof for
limited periods. For these purposes the Attorney General may procure
such medical supplies, equipment, and temporary services of
physicians and qualified consultants as may reasonably be necessary.
Subject to the availability of funds appropriated for the purpose,
the Attorney General may contract with any county or city and county
which undertakes to establish facilities and a testing program
pursuant to Section 11551, and such contract may provide for payment
by the state of such costs of initially establishing and
demonstrating such program as the Attorney General may approve.