Amended
IN
Assembly
January 03, 2018 |
Amended
IN
Assembly
March 28, 2017 |
Assembly Bill | No. 1511 |
Introduced by Assembly Member Low |
February 17, 2017 |
Existing law makes a person who possesses for sale or purchases for sale, certain controlled substances, including, among others, opiates and mescaline, guilty of a crime and subject to imprisonment for 2, 3, or 4 years, as specified.
This bill would
describe circumstances indicating that a person possesses for sale a controlled substance for purposes of that provision, including the separation of the controlled substance into multiple bags or containers and the use of minors as lookouts or couriers. By changing the definition of a crime, the 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.
(a)Except as otherwise provided in this division, any person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) 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, shall be punished by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code for two, three, or four years.
(b)For purposes of this section, circumstances indicating that a person possesses for sale a controlled substance may include, but are not limited to, the following:
(1)Presence of a scale.
(2)Separation of the controlled substance into multiple bags or containers.
(3)Presence of a sale
ledger.
(4)Evidence developed by an officer during an investigation.
(5)Witness testimony.
(6)Use of minors as lookouts or couriers.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.