Cal. Health and Saf. Code § 11377

Current through 2020 Notice Register, No. 44, October 30, 2020
Section 11377
(a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that 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.
(b) The judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a), with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
(c) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:
(1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.
(2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner.
(d) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription.

Ca. Health and Saf. Code § 11377

Amended by Stats 2017 ch 269 (SB 811),s 6, eff. 1/1/2018.
Amended by Proposition 47, eff. 11/5/2014.
Amended by Stats 2011 ch 39 (AB 117),s 68, eff. 6/30/2011.
Amended by Stats 2011 ch 15 (AB 109),s 171, eff. 4/4/2011, but operative no earlier than October 1, 2011, and only upon creation of a community corrections grant program to assist in implementing this act and upon an appropriation to fund the grant program.
Amended by Stats 2008 ch 292 (AB 1141),s 3, eff. 1/1/2009.
Amended by Stats 2002 ch 664 (AB 3034), s 131, eff. 1/1/2003.
Amended by Stats 2001 ch 841 (AB 258), s 5.5, eff. 1/1/2002.
Amended by Stats 2001 ch 838 (AB 98), s 3, eff. 1/1/2002
Previously Amended October 10, 1999 (Bill Number: AB 924) (Chapter 975).
See Stats 2017 ch 269 (SB 811), s 14.
See Stats 2001 ch 841 (AB 258), s 10.