Bill Text: CA AB2495 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Controlled substances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2495 Detail]

Download: California-2015-AB2495-Introduced.html

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BILL NUMBER: AB 2495	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eggman

                        FEBRUARY 19, 2016

   An act to add Section 11376.6 to the Health and Safety Code,
relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2495, as introduced, Eggman. Controlled substances.
   Existing law makes it a crime to possess specified controlled
substances. Existing law additionally makes it a crime to visit or be
in any room where specified controlled substances are being
unlawfully used with knowledge that the activity is occurring, or to
open or maintain a place for the purpose of giving away or using
specified controlled substances. Existing law makes it a crime for a
person to rent, lease, or make available for use any building or room
for the purpose of storing or distributing any controlled substance.
Existing law authorizes forfeiture of property used for specified
crimes involving controlled substances.
   This bill would exempt a person from those criminal sanctions
while he or she is using or operating an adult public health or
medical intervention that is permitted by state or local health
departments and intended to reduce death, disability, or injury due
to the use of controlled substances.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11376.6 is added to the Health and Safety Code,
to read:
   11376.6.  Notwithstanding any other law, a person or entity,
including, but not limited to, property owners, managers, employees,
volunteers, and clients or participants, involved in the operation or
utilization of an adult public health or medical intervention
program that is permitted by state or local health departments and
intended to reduce death, disability, or injury due to the use of
controlled substances shall not be arrested, charged, or prosecuted
pursuant to Section 11350, 11365, 11366, or 11366.5 for actions or
conduct undertaken at the direction of staff or pursuant to the
program while the intervention is in operation or being utilized, or
have his or her property subject to forfeiture, or otherwise be
penalized solely for actions or conduct permitted by this section.