Bill Text: CA AB1058 | 2023-2024 | Regular Session | Introduced
Bill Title: Controlled substances: fentanyl.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1058 Detail]
Download: California-2023-AB1058-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1058
| Introduced by Assembly Member Jim Patterson (Coauthor: Assembly Member Alanis) |
February 15, 2023 |
An act to amend Sections 11351 and 11352 of the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 1058, as introduced, Jim Patterson.
Controlled substances: fentanyl.
Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years. Existing law makes transportation and sales of a controlled substances punishable by imprisonment in a county jail for a period of 3, 4, or 5 years and transportation to a noncontiguous county within the state punishable by imprisonment in a county jail for a period of 3, 6, or 9 years.
This bill would increase the above-described penalties, as specified, if the controlled substance involved was more than more than 28.35 grams of fentanyl, more than
28.35 grams of an analog of fentanyl, a substance containing more than 28.35 grams of fentanyl, or a substance containing more than 28.35 grams of an analog of fentanyl. By increasing the penalty for 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: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11351 of the Health and Safety Code is amended to read:11351.
(a) Except as provided in subdivision (b) and as otherwise provided in this division,(b) Notwithstanding subdivision (a), a person who possesses for sale or purchases for purposes of sale more than 28.35 grams of fentanyl, more than 28.35 grams of an analog of fentanyl, a substance containing more than 28.35 grams of fentanyl, or a substance containing more than 28.35 grams of an analog of fentanyl shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for four, five, or six years.
SEC. 2.
Section 11352 of the Health and Safety Code is amended to read:11352.
(a) Except as provided in subdivision (c) and as otherwise provided in this division,(b) Notwithstanding the penalty provisions of subdivision (a), any (a) and except as provided in paragraph (2) of subdivision (c), a person who transports any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for three, six, or nine years.
(c) (1) Notwithstanding subdivision (a), a person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport more than 28.35 grams of fentanyl, more than 28.35 grams of an analog of fentanyl, a substance containing more than 28.35 grams of fentanyl, or a substance containing more than 28.35 grams of an analog of fentanyl shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for seven, eight, or nine years.
(2) Notwithstanding subdivision (b), a person who transports more than 28.35 grams of fentanyl, more than 28.35 grams of an analog of fentanyl, a substance containing more than 28.35 grams of fentanyl, or a substance containing more than 28.35 grams of an analog of fentanyl within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 7, 10, or 13 years.
(c)
(d) For purposes of this section, “transports” means to transport for sale.
(d)
(e) This section does not preclude or limit the prosecution of an individual for aiding and abetting the commission of, or conspiring to commit, or acting as an accessory to, any act prohibited by this section.
