| 1 | | - | Senate Bill No. 753 CHAPTER 504An act to amend Section 11358 of the Health and Safety Code, relating to cannabis. [ Approved by Governor October 08, 2023. Filed with Secretary of State October 08, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 753, Caballero. Cannabis: water resources.Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), approved by the voters as Proposition 64 at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. Under AUMA, a person 18 years of age or older who plants, cultivates, harvests, dries, or processes more than 6 living cannabis plants, or any part thereof, may be charged with a felony if specified conditions exist, including when the offense causes substantial environmental harm to public lands or other public resources.AUMA authorizes the Legislature to amend its provisions by a 2/3 vote of each house if the amendment furthers its purposes and intent.This bill would amend AUMA by adding to the above-described conditions planting, cultivating, harvesting, drying, or processing marijuana that results in substantial environmental harm to surface or groundwater. By expanding the scope of a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11358 of the Health and Safety Code is amended to read:11358. Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows:(a) Each person under 18 years of age who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357.(b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100).(c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.(d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if any of the following conditions exist:(1) The 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.(2) The person has two or more prior convictions under subdivision (c).(3) The offense resulted in any of the following:(A) Violation of Section 1052 of the Water Code relating to illegal diversion of water.(B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water.(C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state.(D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes.(E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste.(F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife.(G) Intentionally or with gross negligence causing substantial environmental harm to surface or ground water, public lands, or other public resources.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 1 | + | Enrolled September 15, 2023 Passed IN Senate September 13, 2023 Passed IN Assembly September 12, 2023 Amended IN Assembly June 29, 2023 Amended IN Senate May 18, 2023 Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 753Introduced by Senator Caballero(Principal coauthor: Assembly Member Megan Dahle)(Coauthors: Senators Dahle, Hurtado, and Stern)February 17, 2023An act to amend Section 11358 of the Health and Safety Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTSB 753, Caballero. Cannabis: water resources.Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), approved by the voters as Proposition 64 at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. Under AUMA, a person 18 years of age or older who plants, cultivates, harvests, dries, or processes more than 6 living cannabis plants, or any part thereof, may be charged with a felony if specified conditions exist, including when the offense causes substantial environmental harm to public lands or other public resources.AUMA authorizes the Legislature to amend its provisions by a 2/3 vote of each house if the amendment furthers its purposes and intent.This bill would amend AUMA by adding to the above-described conditions planting, cultivating, harvesting, drying, or processing marijuana that results in substantial environmental harm to surface or groundwater. By expanding the scope of a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11358 of the Health and Safety Code is amended to read:11358. Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows:(a) Each person under 18 years of age who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357.(b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100).(c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.(d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if any of the following conditions exist:(1) The 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.(2) The person has two or more prior convictions under subdivision (c).(3) The offense resulted in any of the following:(A) Violation of Section 1052 of the Water Code relating to illegal diversion of water.(B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water.(C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state.(D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes.(E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste.(F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife.(G) Intentionally or with gross negligence causing substantial environmental harm to surface or ground water, public lands, or other public resources.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 14 | 26 | | |
|---|
| 15 | 27 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 16 | 28 | | |
|---|
| 17 | 29 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 18 | 30 | | |
|---|
| 19 | 31 | | SB 753, Caballero. Cannabis: water resources. |
|---|
| 20 | 32 | | |
|---|
| 21 | 33 | | Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), approved by the voters as Proposition 64 at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. Under AUMA, a person 18 years of age or older who plants, cultivates, harvests, dries, or processes more than 6 living cannabis plants, or any part thereof, may be charged with a felony if specified conditions exist, including when the offense causes substantial environmental harm to public lands or other public resources.AUMA authorizes the Legislature to amend its provisions by a 2/3 vote of each house if the amendment furthers its purposes and intent.This bill would amend AUMA by adding to the above-described conditions planting, cultivating, harvesting, drying, or processing marijuana that results in substantial environmental harm to surface or groundwater. By expanding the scope of a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. |
|---|
| 22 | 34 | | |
|---|
| 23 | 35 | | Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), approved by the voters as Proposition 64 at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. Under AUMA, a person 18 years of age or older who plants, cultivates, harvests, dries, or processes more than 6 living cannabis plants, or any part thereof, may be charged with a felony if specified conditions exist, including when the offense causes substantial environmental harm to public lands or other public resources. |
|---|
| 24 | 36 | | |
|---|
| 25 | 37 | | AUMA authorizes the Legislature to amend its provisions by a 2/3 vote of each house if the amendment furthers its purposes and intent. |
|---|
| 26 | 38 | | |
|---|
| 27 | 39 | | This bill would amend AUMA by adding to the above-described conditions planting, cultivating, harvesting, drying, or processing marijuana that results in substantial environmental harm to surface or groundwater. By expanding the scope of a crime, this bill would impose a state-mandated local program. |
|---|
| 28 | 40 | | |
|---|
| 29 | 41 | | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
|---|
| 30 | 42 | | |
|---|
| 31 | 43 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
|---|
| 32 | 44 | | |
|---|
| 33 | 45 | | ## Digest Key |
|---|
| 34 | 46 | | |
|---|
| 35 | 47 | | ## Bill Text |
|---|
| 36 | 48 | | |
|---|
| 37 | 49 | | The people of the State of California do enact as follows:SECTION 1. Section 11358 of the Health and Safety Code is amended to read:11358. Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows:(a) Each person under 18 years of age who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357.(b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100).(c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.(d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if any of the following conditions exist:(1) The 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.(2) The person has two or more prior convictions under subdivision (c).(3) The offense resulted in any of the following:(A) Violation of Section 1052 of the Water Code relating to illegal diversion of water.(B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water.(C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state.(D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes.(E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste.(F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife.(G) Intentionally or with gross negligence causing substantial environmental harm to surface or ground water, public lands, or other public resources.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 38 | 50 | | |
|---|
| 39 | 51 | | The people of the State of California do enact as follows: |
|---|
| 40 | 52 | | |
|---|
| 41 | 53 | | ## The people of the State of California do enact as follows: |
|---|
| 42 | 54 | | |
|---|
| 43 | 55 | | SECTION 1. Section 11358 of the Health and Safety Code is amended to read:11358. Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows:(a) Each person under 18 years of age who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357.(b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100).(c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.(d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if any of the following conditions exist:(1) The 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.(2) The person has two or more prior convictions under subdivision (c).(3) The offense resulted in any of the following:(A) Violation of Section 1052 of the Water Code relating to illegal diversion of water.(B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water.(C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state.(D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes.(E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste.(F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife.(G) Intentionally or with gross negligence causing substantial environmental harm to surface or ground water, public lands, or other public resources. |
|---|
| 44 | 56 | | |
|---|
| 45 | 57 | | SECTION 1. Section 11358 of the Health and Safety Code is amended to read: |
|---|
| 46 | 58 | | |
|---|
| 47 | 59 | | ### SECTION 1. |
|---|
| 48 | 60 | | |
|---|
| 49 | 61 | | 11358. Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows:(a) Each person under 18 years of age who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357.(b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100).(c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.(d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if any of the following conditions exist:(1) The 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.(2) The person has two or more prior convictions under subdivision (c).(3) The offense resulted in any of the following:(A) Violation of Section 1052 of the Water Code relating to illegal diversion of water.(B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water.(C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state.(D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes.(E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste.(F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife.(G) Intentionally or with gross negligence causing substantial environmental harm to surface or ground water, public lands, or other public resources. |
|---|
| 50 | 62 | | |
|---|
| 51 | 63 | | 11358. Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows:(a) Each person under 18 years of age who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357.(b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100).(c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.(d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if any of the following conditions exist:(1) The 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.(2) The person has two or more prior convictions under subdivision (c).(3) The offense resulted in any of the following:(A) Violation of Section 1052 of the Water Code relating to illegal diversion of water.(B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water.(C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state.(D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes.(E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste.(F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife.(G) Intentionally or with gross negligence causing substantial environmental harm to surface or ground water, public lands, or other public resources. |
|---|
| 52 | 64 | | |
|---|
| 53 | 65 | | 11358. Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows:(a) Each person under 18 years of age who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357.(b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100).(c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.(d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if any of the following conditions exist:(1) The 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.(2) The person has two or more prior convictions under subdivision (c).(3) The offense resulted in any of the following:(A) Violation of Section 1052 of the Water Code relating to illegal diversion of water.(B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water.(C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state.(D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes.(E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste.(F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife.(G) Intentionally or with gross negligence causing substantial environmental harm to surface or ground water, public lands, or other public resources. |
|---|
| 54 | 66 | | |
|---|
| 55 | 67 | | |
|---|
| 56 | 68 | | |
|---|
| 57 | 69 | | 11358. Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows: |
|---|
| 58 | 70 | | |
|---|
| 59 | 71 | | (a) Each person under 18 years of age who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357. |
|---|
| 60 | 72 | | |
|---|
| 61 | 73 | | (b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100). |
|---|
| 62 | 74 | | |
|---|
| 63 | 75 | | (c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment. |
|---|
| 64 | 76 | | |
|---|
| 65 | 77 | | (d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if any of the following conditions exist: |
|---|
| 66 | 78 | | |
|---|
| 67 | 79 | | (1) The 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. |
|---|
| 68 | 80 | | |
|---|
| 69 | 81 | | (2) The person has two or more prior convictions under subdivision (c). |
|---|
| 70 | 82 | | |
|---|
| 71 | 83 | | (3) The offense resulted in any of the following: |
|---|
| 72 | 84 | | |
|---|
| 73 | 85 | | (A) Violation of Section 1052 of the Water Code relating to illegal diversion of water. |
|---|
| 74 | 86 | | |
|---|
| 75 | 87 | | (B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water. |
|---|
| 76 | 88 | | |
|---|
| 77 | 89 | | (C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state. |
|---|
| 78 | 90 | | |
|---|
| 79 | 91 | | (D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes. |
|---|
| 80 | 92 | | |
|---|
| 81 | 93 | | (E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste. |
|---|
| 82 | 94 | | |
|---|
| 83 | 95 | | (F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife. |
|---|
| 84 | 96 | | |
|---|
| 85 | 97 | | (G) Intentionally or with gross negligence causing substantial environmental harm to surface or ground water, public lands, or other public resources. |
|---|
| 86 | 98 | | |
|---|
| 87 | 99 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 88 | 100 | | |
|---|
| 89 | 101 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 90 | 102 | | |
|---|
| 91 | 103 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 92 | 104 | | |
|---|
| 93 | 105 | | ### SEC. 2. |
|---|