Division 10.7. Illegal Use Of Drugs And Alcohol of California Health And Safety Code >> Division 10.7.
The Legislature finds and declares all of the following:
(a) The Legislature has established various drug- and
alcohol-related programs which provide for education, prevention,
intervention, treatment, or enforcement.
(b) The Legislature has classified certain substances as
controlled substances and has defined the lawful and unlawful use of
controlled substances which are commonly referred to as, but not
limited to, anabolic steroids, marijuana, and cocaine.
(c) The Legislature has classified certain substances as imitation
controlled substances which are commonly referred to as, but not
limited to, designer drugs.
(d) The Legislature has determined that the possession with the
intent to be under the influence, or being under the influence of
toluene, or any substance or material containing toluene, or any
substance with similar toxic qualities, is unlawful. Some substances
or materials containing toluene, or substances with similar toxic
qualities are commonly referred to, but not limited to, inhalants
such as cement, glue, and paint thinner.
(e) The Legislature has determined that the purchase, possession,
or use of alcohol by persons under 21 years of age is unlawful.
(f) Public and private agencies that provide information
pertaining to the drug- and alcohol-related programs provide mixed
messages and misinformation relating to the unlawful use of drugs and
alcohol. It is the intent of the Legislature that the messages and
information provided by the drug and alcohol programs promote no
unlawful use of any drugs or alcohol. Mixed messages mean
communications discussing how to use or when to use unlawful drugs or
(g) Any material, curricula, teachings, or promotion of
responsible use, if the use is unlawful, of drugs or alcohol is
inconsistent with the law.
(h) The "no unlawful use" message applies to all drug and alcohol
programs for the people of the State of California. These materials
are to teach and promote that any unlawful use of drugs and alcohol
is illegal and dangerous.
For the purpose of this division, the following
(a) "Drug" means all of the following:
(1) Any controlled substance as defined in Division 10 (commencing
with Section 11000).
(2) Any imitation controlled substance as defined in Chapter 1
(commencing with Section 11670) of Division 10.1.
(3) Toluene or any substance or material containing toluene or any
substance with similar toxic qualities as set forth in Sections 380
and 381 of the Penal Code.
(b) "Drug- or alcohol-related program" means any program designed
to reduce the unlawful use of, or assist those who engage in the
unlawful use of, drugs or alcohol, whether through education,
prevention, intervention, treatment, enforcement, or other means.
(c) "Local agency" shall include, but is not limited to, a county,
a city, a city and county, and school district.
(d) "State agency" shall include the State Department of Health
Care Services, the State Department of Education, the Department of
Justice, the Office of Criminal Justice Planning, and the Office of
Traffic Safety. Any other state agency or department may comply with
(a) Notwithstanding any other provision of law, commencing
July 1, 1990, no state funds shall be encumbered by a state agency
for allocation to any entity, whether public or private, for a drug-
or alcohol-related program, unless the drug- or alcohol-related
program contains a component that clearly explains in written
materials that there shall be no unlawful use of drugs or alcohol. No
aspect of a drug- or alcohol-related program shall include any
message on the responsible use, if the use is unlawful, of drugs or
(b) All aspects of a drug- or alcohol-related program shall be
consistent with the "no unlawful use" message, including, but not
limited to, program standards, curricula, materials, and teachings.
These materials and programs may include information regarding the
health hazards of use of illegal drugs and alcohol, concepts
promoting the well-being of the whole person, risk reduction, the
addictive personality, development of positive self-esteem,
productive decisionmaking skills, and other preventive concepts
consistent with the "no unlawful use" of drugs and alcohol message.
(c) The "no unlawful use" of drugs and alcohol message contained
in drug- or alcohol-related programs shall apply to the use of drugs
and alcohol prohibited by law.
(d) This section does not apply to any program funded by the state
that provides education and prevention outreach to intravenous drug
users with AIDS or AIDS-related conditions, or persons at risk of
HIV-infection through intravenous drug use.
(a) A state agency that distributes state funds to an
entity, whether public or private, for a drug- or alcohol-related
program shall establish and provide guidelines and procedures for the
entity to use to ensure compliance with this division. If the drug
or alcohol program fails to satisfy the guidelines adopted by the
state agency, the drug or alcohol program shall not receive state
funds from the state agency. A state agency that provides or develops
drug- or alcohol-related programs shall also comply with this
(b) Each state and local agency which distributes funds shall
establish a reasonable time frame for each program to comply with the
requirements of this division.
(c) A drug- or alcohol-related program that receives state funds
from a local agency shall file with the local agency which
distributes the state funds a written assurance signed by the person
responsible for operating the drug- or alcohol-related program
stating all of the following:
(1) The person understands the requirements of Section 11999.2.
(2) The person has reviewed those aspects of the program to which
Section 11999.2 applies.
(3) Those aspects of the program to which Section 11999.2 applies
meet the requirements of Section 11999.2.
(d) Every state or local agency distributing funds to which this
division applies shall provide a process for appealing a
determination to deny or terminate funding to a drug- or
alcohol-related program based upon noncompliance with the
requirements of this division. When funding is allocated to counties
for distribution to local agencies, the director of the state agency
distributing the funds shall develop and distribute to counties
guidelines for the development of a local appeals process.
(e) A local agency which receives state funds from a state agency
for establishing a drug- or alcohol-related program and which has
discretionary authority for how the local agency spends the state
funds, shall consider the requirements of Section 11999.2 in
establishing the drug- or alcohol-related program.
(f) School district personnel who have authority to select and
purchase instructional materials, curricula, or both, for the purpose
of teaching drug or alcohol use prevention, or both, shall follow
the requirements specified in Section 11999.2.