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

California Assembly Bill 2495 (Prior Session Legislation)

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

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-Amended.html

BILL NUMBER: AB 2495	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 9, 2016

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 amended, Eggman. Controlled substances.
   Existing law makes it a crime to possess specified controlled
 substances.   substances or paraphernalia.
Existing law makes it a crime to use or be under the influence of
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. 
authorize state or local health departments to authorize the
operation of specified adult public health or medical intervention
programs intended to reduce death, disease, or injury due to the use
and administration of controlled substances. The bill would exempt a
person from the criminal sanctions above while he or she is operating
an adult public health or medical intervention program authorized by
a state or local health department. 
   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.  (a) State or local health departments may allow a person
or entity to establish and operate an adult public health or medical
intervention program intended to reduce death, disease, or injury
due to the use and administration of controlled substances,
including, but not limited to, supervised consumption services where
adults may consume preobtained controlled substances under the
supervision of staff in a safe and hygienic facility.
   (b) Notwithstanding any other law, any 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 under subdivision (a) shall not be arrested, charged, or
prosecuted pursuant to Section 11350, 11364, 11365, 11366, 11366.5,
or 11377, or subdivision (a) of Section 11550, including for attempt,
aiding and abetting, or conspiracy to commit a violation of any of
those sections, or have his or her property subject to forfeiture, or
otherwise be penalized solely for actions or conduct allowed by
state or local health departments pursuant to subdivision (a).
   (c) Subdivision (b) shall only protect property owners, managers,
employees, volunteers, and clients or participants of the public
health or medical intervention program for actions or conduct allowed
by state or local health departments pursuant to subdivision (a).
 
  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.