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| 1 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1489Introduced by Senator McGuireFebruary 16, 2024 An act to amend Section 11350 of the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGESTSB 1489, as introduced, McGuire. Controlled substances.Existing law prohibits the possession, as specified, of certain controlled substances and imposes a fine of at least $1,000 whenever a court grants probation for a first offense.This bill would decrease the minimum fine described above to $900.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11350 of the Health and Safety Code is amended to read:11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall 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) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a), the judge may, in addition to any punishment provided for pursuant to subdivision (a), assess against that person a fine not to exceed seventy dollars ($70) with 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 defendants ability to pay, and no defendant shall be denied probation because of his or her their inability to pay the fine permitted under this subdivision.(c) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered:(1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) nine hundred dollars ($900) or community service.(2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service.(3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.(d) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:(1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.(2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner.(e) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1489Introduced by Senator McGuireFebruary 16, 2024 An act to amend Section 11350 of the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGESTSB 1489, as introduced, McGuire. Controlled substances.Existing law prohibits the possession, as specified, of certain controlled substances and imposes a fine of at least $1,000 whenever a court grants probation for a first offense.This bill would decrease the minimum fine described above to $900.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Senate March 20, 2024 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate March 20, 2024 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 1489 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator McGuireFebruary 16, 2024 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Senator McGuire | |
| 18 | 18 | February 16, 2024 | |
| 19 | 19 | ||
| 20 | - | An act to amend Section 11350 of the Health and Safety Code, relating to controlled substances. | |
| 20 | + | An act to amend Section 11350 of the Health and Safety Code, relating to controlled substances. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 1489, as | |
| 26 | + | SB 1489, as introduced, McGuire. Controlled substances. | |
| 27 | 27 | ||
| 28 | - | Existing law creates the Peace Officer Standards Accountability Advisory Board, the Commission on Peace Officer Standards and Training, and the Peace Officer Standards Accountability Division. Existing law requires the board to report annually on the activities of the division, board, and commission relating to peace officer certification, including the number of applications for certification, the events reported, the number of investigations conducted, and the number of certificates surrendered or revoked.This bill would require the board to prepare the report no later than February 1 of each year.Existing law prohibits the possession, as specified, of certain controlled substances and imposes a fine of at least $1,000 whenever a court grants probation for a first offense.This bill would decrease the minimum fine described above to $900. | |
| 29 | - | ||
| 30 | - | Existing law creates the Peace Officer Standards Accountability Advisory Board, the Commission on Peace Officer Standards and Training, and the Peace Officer Standards Accountability Division. Existing law requires the board to report annually on the activities of the division, board, and commission relating to peace officer certification, including the number of applications for certification, the events reported, the number of investigations conducted, and the number of certificates surrendered or revoked. | |
| 31 | - | ||
| 32 | - | This bill would require the board to prepare the report no later than February 1 of each year. | |
| 28 | + | Existing law prohibits the possession, as specified, of certain controlled substances and imposes a fine of at least $1,000 whenever a court grants probation for a first offense.This bill would decrease the minimum fine described above to $900. | |
| 33 | 29 | ||
| 34 | 30 | Existing law prohibits the possession, as specified, of certain controlled substances and imposes a fine of at least $1,000 whenever a court grants probation for a first offense. | |
| 35 | 31 | ||
| 36 | - | ||
| 37 | - | ||
| 38 | 32 | This bill would decrease the minimum fine described above to $900. | |
| 39 | - | ||
| 40 | - | ||
| 41 | 33 | ||
| 42 | 34 | ## Digest Key | |
| 43 | 35 | ||
| 44 | 36 | ## Bill Text | |
| 45 | 37 | ||
| 46 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 11350 of the Health and Safety Code is amended to read:11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall 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) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a), the judge may, in addition to any punishment provided for pursuant to subdivision (a), assess against that person a fine not to exceed seventy dollars ($70) with 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 defendants ability to pay, and no defendant shall be denied probation because of his or her their inability to pay the fine permitted under this subdivision.(c) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered:(1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) nine hundred dollars ($900) or community service.(2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service.(3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.(d) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:(1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.(2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner.(e) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription. | |
| 47 | 39 | ||
| 48 | 40 | The people of the State of California do enact as follows: | |
| 49 | 41 | ||
| 50 | 42 | ## The people of the State of California do enact as follows: | |
| 51 | 43 | ||
| 52 | - | SECTION 1. Section | |
| 44 | + | SECTION 1. Section 11350 of the Health and Safety Code is amended to read:11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall 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) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a), the judge may, in addition to any punishment provided for pursuant to subdivision (a), assess against that person a fine not to exceed seventy dollars ($70) with 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 defendants ability to pay, and no defendant shall be denied probation because of his or her their inability to pay the fine permitted under this subdivision.(c) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered:(1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) nine hundred dollars ($900) or community service.(2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service.(3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.(d) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:(1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.(2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner.(e) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription. | |
| 53 | 45 | ||
| 54 | - | SECTION 1. Section | |
| 46 | + | SECTION 1. Section 11350 of the Health and Safety Code is amended to read: | |
| 55 | 47 | ||
| 56 | 48 | ### SECTION 1. | |
| 57 | 49 | ||
| 58 | - | ||
| 50 | + | 11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall 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) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a), the judge may, in addition to any punishment provided for pursuant to subdivision (a), assess against that person a fine not to exceed seventy dollars ($70) with 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 defendants ability to pay, and no defendant shall be denied probation because of his or her their inability to pay the fine permitted under this subdivision.(c) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered:(1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) nine hundred dollars ($900) or community service.(2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service.(3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.(d) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:(1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.(2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner.(e) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription. | |
| 59 | 51 | ||
| 60 | - | ||
| 52 | + | 11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall 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) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a), the judge may, in addition to any punishment provided for pursuant to subdivision (a), assess against that person a fine not to exceed seventy dollars ($70) with 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 defendants ability to pay, and no defendant shall be denied probation because of his or her their inability to pay the fine permitted under this subdivision.(c) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered:(1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) nine hundred dollars ($900) or community service.(2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service.(3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.(d) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:(1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.(2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner.(e) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription. | |
| 61 | 53 | ||
| 62 | - | ||
| 54 | + | 11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall 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) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a), the judge may, in addition to any punishment provided for pursuant to subdivision (a), assess against that person a fine not to exceed seventy dollars ($70) with 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 defendants ability to pay, and no defendant shall be denied probation because of his or her their inability to pay the fine permitted under this subdivision.(c) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered:(1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) nine hundred dollars ($900) or community service.(2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service.(3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.(d) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:(1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.(2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner.(e) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription. | |
| 63 | 55 | ||
| 64 | 56 | ||
| 65 | 57 | ||
| 66 | - | ||
| 58 | + | 11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall 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. | |
| 67 | 59 | ||
| 68 | - | (b) The board shall prepare an annual report report, no later than February 1 of each year, on the activities of the commission, board, division, and subject agencies regarding peace officer certification under this chapter. The report shall include, without limitation, all of the following: | |
| 69 | - | ||
| 70 | - | (1) The number of applications for certification and the number of certifications granted or denied. | |
| 71 | - | ||
| 72 | - | (2) The number of events reported pursuant to paragraphs (1) to (5), inclusive, of subdivision (a) of Section 13510.9. | |
| 73 | - | ||
| 74 | - | (3) The criteria and process for review and investigation by the division, the number of reviews, and the number of investigations conducted by the division. | |
| 75 | - | ||
| 76 | - | (4) The number of notices sent by the division pursuant to paragraph (1) of subdivision (a) of Section 13510.85, the number of requests for review received, and the number of suspensions or revocations or denials made pursuant to paragraph (2) of subdivision (a) of Section 13510.85. | |
| 77 | - | ||
| 78 | - | (5) The number of review hearings held by the board and commission and the outcomes of those review hearings. | |
| 79 | - | ||
| 80 | - | (6) The number of administrative hearings held on suspensions or revocations and the number of suspensions or revocations resulting from those hearings. | |
| 81 | - | ||
| 82 | - | (7) Any cases of judicial review of commission actions on suspension or revocation and the result of those cases. | |
| 83 | - | ||
| 84 | - | (8) The number of certifications voluntarily surrendered and the number placed on inactive status. | |
| 85 | - | ||
| 86 | - | (9) Any compliance audits or reviews conducted pursuant to this chapter and the results of those audits. | |
| 87 | - | ||
| 88 | - | (10) Any other information the board deems relevant to evaluating the functioning of the certification program, the decertification process, and the staffing levels of the division. | |
| 89 | - | ||
| 90 | - | ||
| 91 | - | ||
| 92 | - | ||
| 93 | - | ||
| 94 | - | (a)Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall 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. | |
| 95 | - | ||
| 96 | - | ||
| 97 | - | ||
| 98 | - | (b)Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a), the judge may, in addition to any punishment provided for pursuant to subdivision (a), assess against that person a fine not to exceed seventy dollars ($70) with 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 defendants ability to pay, and no defendant shall be denied probation because of their inability to pay the fine permitted under this subdivision. | |
| 99 | - | ||
| 100 | - | ||
| 60 | + | (b) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a), the judge may, in addition to any punishment provided for pursuant to subdivision (a), assess against that person a fine not to exceed seventy dollars ($70) with 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 defendants ability to pay, and no defendant shall be denied probation because of his or her their inability to pay the fine permitted under this subdivision. | |
| 101 | 61 | ||
| 102 | 62 | (c) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered: | |
| 103 | 63 | ||
| 104 | - | ||
| 105 | - | ||
| 106 | - | (1)For a first offense under this section, a fine of at least nine hundred dollars ($900) or community service. | |
| 107 | - | ||
| 108 | - | ||
| 64 | + | (1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) nine hundred dollars ($900) or community service. | |
| 109 | 65 | ||
| 110 | 66 | (2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service. | |
| 111 | 67 | ||
| 112 | - | ||
| 113 | - | ||
| 114 | 68 | (3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine. | |
| 115 | - | ||
| 116 | - | ||
| 117 | 69 | ||
| 118 | 70 | (d) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply: | |
| 119 | 71 | ||
| 120 | - | ||
| 121 | - | ||
| 122 | 72 | (1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder. | |
| 123 | 73 | ||
| 124 | - | ||
| 125 | - | ||
| 126 | 74 | (2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner. | |
| 127 | - | ||
| 128 | - | ||
| 129 | 75 | ||
| 130 | 76 | (e) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription. |