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Marijuana Offenses Bail Bonds
California Health and Safety Codes Defined:
11357. (a) Except as authorized by
law, every person who possesses any concentrated cannabis shall be
punished by imprisonment in the county jail for a period of not more
than one year or by a fine of not more than five hundred dollars ($500),
or by both such fine and imprisonment, or shall be punished by
imprisonment in the state prison.
(b) Except as authorized by law, every person who possesses not more
than 28.5 grams of marijuana, other than concentrated cannabis, is
guilty of a misdemeanor and shall be punished by a fine of not more than
one hundred dollars ($100). Notwithstanding other provisions of law, if
such person has been previously convicted three or more times of an
offense described in this subdivision during the two-year period
immediately preceding the date of commission of the violation to be
charged, the previous convictions shall also be charged in the
accusatory pleading and, if found to be true by the jury upon a jury
trial or by the court upon a court trial or if admitted by the person,
the provisions of Sections 1000.1 and 1000.2 of the Penal Code shall be
applicable to him, and the court shall divert and refer him for
education, treatment, or rehabilitation, without a court hearing or
determination or the concurrence of the district attorney, to an
appropriate community program which will accept him. If the person is so
diverted and referred he shall not be subject to the fine specified in
this subdivision. If no community program will accept him, the person
shall be subject to the fine specified in this subdivision. In any case
in which a person is arrested for a violation of this subdivision and
does not demand to be taken before a magistrate, such person shall be
released by the arresting officer upon presentation of satisfactory
evidence of identity and giving his written promise to appear in court,
as provided in Section 853.6 of the Penal Code, and shall not be
subjected to booking.
(c) Except as authorized by law, every person who possesses more than
28.5 grams of marijuana, other than concentrated cannabis, shall be
punished by imprisonment in the county jail for a period of not more
than six months or by a fine of not more than five hundred dollars
($500), or by both such fine and imprisonment.
(d) Except as authorized by law, every person 18 years of age or over
who possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, upon the grounds of, or within, any school
providing instruction in kindergarten or any of grades 1 through 12
during hours the school is open for classes or school-related programs
is guilty of a misdemeanor and shall be punished by a fine of not more
than five hundred dollars ($500), or by imprisonment in the county jail
for a period of not more than 10 days, or both.
(e) Except as authorized by law, every person under the age of 18 who
possesses not more than 28.5 grams of marijuana, other than concentrated
cannabis, upon the grounds of, or within, any school providing
instruction in kindergarten or any of grades 1 through 12 during hours
the school is open for classes or school-related programs is guilty of a
misdemeanor and shall be subject to the following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250), upon a
finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or commitment
to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home
for a period of not more than 10 days, or both, upon a finding that a
second or subsequent offense has been committed.
11358. Every person who plants, cultivates, harvests, dries, or
processes any marijuana or any part thereof, except as otherwise
provided by law, shall be punished by imprisonment in the state prison.
11359. Every person who possesses for sale any marijuana, except
as otherwise provided by law, shall be punished by imprisonment in the
state prison.
11360. (a) Except as otherwise provided by this section or as
authorized by law, every 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 any marijuana shall be
punished by imprisonment in the state prison for a period of two, three
or four years.
(b) Except as authorized by law, every person who gives away, offers to
give away, transports, offers to transport, or attempts to transport not
more than 28.5 grams of marijuana, other than concentrated cannabis, is
guilty of a misdemeanor and shall be punished by a fine of not more than
one hundred dollars ($100). In any case in which a person is arrested
for a violation of this subdivision and does not demand to be taken
before a magistrate, such person shall be released by the arresting
officer upon presentation of satisfactory evidence of identity and
giving his written promise to appear in court, as provided in Section
853.6 of the Penal Code, and shall not be subjected to booking.
11361. (a) Every person 18 years of age or over who hires,
employs, or uses a minor in unlawfully transporting, carrying, selling,
giving away, preparing for sale, or peddling any marijuana, who
unlawfully sells, or offers to sell, any marijuana to a minor, or who
furnishes, administers, or gives, or offers to furnish, administer, or
give any marijuana to a minor under 14 years of age, or who induces a
minor to use marijuana in violation of law shall be punished by
imprisonment in the state prison for a period of three, five, or seven
years.
(b) Every person 18 years of age or over who furnishes, administers, or
gives, or offers to furnish, administer, or give, any marijuana to a
minor 14 years of age or older shall be punished by imprisonment in the
state prison for a period of three, four, or five years.
11361.5. (a) Records of any court of this state, any public or
private agency that provides services upon referral under Section 1000.2
of the Penal Code, or of any state agency pertaining to the arrest or
conviction of any person for a violation of subdivision (b), (c), (d),
or (e) of Section 11357 or subdivision (b) of Section 11360, shall not
be kept beyond two years from the date of the conviction, or from the
date of the arrest if there was no conviction, except with respect to a
violation of subdivision (e) of Section 11357 the records shall be
retained until the offender attains the age of 18 years at which time
the records shall be destroyed as provided in this section. Any court or
agency having custody of the records shall provide for the timely
destruction of the records in accordance with subdivision (c). The
requirements of this subdivision do not apply to records of any
conviction occurring prior to January 1, 1976, or records of any arrest
not followed by a conviction occurring prior to that date.
(b) This subdivision applies only to records of convictions and arrests
not followed by conviction occurring prior to January 1, 1976, for any
of the following offenses:
(1) Any violation of Section 11357 or a statutory predecessor thereof.
(2) Unlawful possession of a device, contrivance, instrument, or
paraphernalia used for unlawfully smoking marijuana, in violation of
Section 11364, as it existed prior to January 1, 1976, or a statutory
predecessor thereof.
(3) Unlawful visitation or presence in a room or place in which
marijuana is being unlawfully smoked or used, in violation of Section
11365, as it existed prior to January 1, 1976, or a statutory
predecessor thereof.
(4) Unlawfully using or being under the influence of marijuana, in
violation of Section 11550, as it existed prior to January 1, 1976, or a
statutory predecessor thereof.
Any person subject to an arrest or conviction for those offenses may
apply to the Department of Justice for destruction of records pertaining
to the arrest or conviction if two or more years have elapsed since the
date of the conviction, or since the date of the arrest if not followed
by a conviction. The application shall be submitted upon a form supplied
by the Department of Justice and shall be accompanied by a fee, which
shall be established by the department in an amount which will defray
the cost of administering this subdivision and costs incurred by the
state under subdivision (c), but which shall not exceed thirty-seven
dollars and fifty cents ($37.50). The application form may be made
available at every local police or sheriff's department and from the
Department of Justice and may require that information which the
department determines is necessary for purposes of identification.
The department may request, but not require, the applicant to include a
self-administered fingerprint upon the application. If the department is
unable to sufficiently identify the applicant for purposes of this
subdivision without the fingerprint or without additional fingerprints,
it shall so notify the applicant and shall request the applicant to
submit any fingerprints which may be required to effect identification,
including a complete set if necessary, or, alternatively, to abandon the
application and request a refund of all or a portion of the fee
submitted with the application, as provided in this section. If the
applicant fails or refuses to submit fingerprints in accordance with the
department's request within a reasonable time which shall be established
by the department, or if the applicant requests a refund of the fee, the
department shall promptly mail a refund to the applicant at the address
specified in the application or at any other address which may be
specified by the applicant. However, if the department has notified the
applicant that election to abandon the application will result in
forfeiture of a specified amount which is a portion of the fee, the
department may retain a portion of the fee which the department
determines will defray the actual costs of processing the application,
provided the amount of the portion retained shall not exceed ten dollars
($10).
Upon receipt of a sufficient application, the Department of Justice
shall destroy records of the department, if any, pertaining to the
arrest or conviction in the manner prescribed by subdivision (c) and
shall notify the Federal Bureau of Investigation, the law enforcement
agency which arrested the applicant, and, if the applicant was
convicted, the probation department which investigated the applicant and
the Department of Motor Vehicles, of the application.
(c) Destruction of records of arrest or conviction pursuant to
subdivision (a) or (b) shall be accomplished by permanent obliteration
of all entries or notations upon the records pertaining to the arrest or
conviction, and the record shall be prepared again so that it appears
that the arrest or conviction never occurred.
However, where (1) the only entries upon the record pertain to the
arrest or conviction and (2) the record can be destroyed without
necessarily effecting the destruction of other records, then the
document constituting the record shall be physically destroyed.
(d) Notwithstanding subdivision (a) or (b), written transcriptions of
oral testimony in court proceedings and published judicial appellate
reports are not subject to this section. Additionally, no records shall
be destroyed pursuant to subdivision (a) if the defendant or a
codefendant has filed a civil action against the peace officers or law
enforcement jurisdiction which made the arrest or instituted the
prosecution and if the agency which is the custodian of those records
has received a certified copy of the complaint in the civil action,
until the civil action has finally been resolved. Immediately following
the final resolution of the civil action, records subject to subdivision
(a) shall be destroyed pursuant to subdivision (c) if more than two
years have elapsed from the date of the conviction or arrest without
conviction.
11361.7. (a) Any record subject to destruction or permanent
obliteration pursuant to Section 11361.5, or more than two years of age,
or a record of a conviction for an offense specified in subdivision (a)
or (b) of Section 11361.5 which became final more than two years
previously, shall not be considered to be accurate, relevant, timely, or
complete for any purposes by any agency or person. The provisions of
this subdivision shall be applicable for purposes of the Privacy Act of
1974 (5 U.S.C. Section 552a) to the fullest extent permissible by law,
whenever any information or record subject to destruction or permanent
obliteration under Section 11361.5 was obtained by any state agency,
local public agency, or any public or private agency that provides
services upon referral under Section 1000.2 of the Penal Code, and is
thereafter shared with or disseminated to any agency of the federal
government.
(b) No public agency shall alter, amend, assess, condition, deny, limit,
postpone, qualify, revoke, surcharge, or suspend any certificate,
franchise, incident, interest, license, opportunity, permit, privilege,
right, or title of any person because of an arrest or conviction for an
offense specified in subdivision (a) or (b) of Section 11361.5, or
because of the facts or events leading to such an arrest or conviction,
on or after the date the records of such arrest or conviction are
required to be destroyed by subdivision (a) of Section 11361.5, or two
years from the date of such conviction or arrest without conviction with
respect to arrests and convictions occurring prior to January 1, 1976.
As used in this subdivision, "public agency" includes, but is not
limited to, any state, county, city and county, city, public or
constitutional corporation or entity, district, local or regional
political subdivision, or any department, division, bureau, office,
board, commission or other agency thereof.
(c) Any person arrested or convicted for an offense specified in
subdivision (a) or (b) of Section 11361.5 may, two years from the date
of such a conviction, or from the date of the arrest if there was no
conviction, indicate in response to any question concerning his prior
criminal record that he was not arrested or convicted for such offense.
(d) The provisions of this section shall be applicable without regard to
whether destruction or obliteration of records has actually been
implemented pursuant to Section 11361.5.
11362. As used in this article "felony offense," and offense
"punishable as a felony" refer to an offense for which the law
prescribes imprisonment in the state prison as either an alternative or
the sole penalty, regardless of the sentence the particular defendant
received.
11362.5. (a) This section shall be known and may be cited as the
Compassionate Use Act of 1996.
(b) (1) The people of the State of California hereby find and declare
that the purposes of the Compassionate Use Act of 1996 are as follows:
(A) To ensure that seriously ill Californians have the right to obtain
and use marijuana for medical purposes where that medical use is deemed
appropriate and has been recommended by a physician who has determined
that the person's health would benefit from the use of marijuana in the
treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma,
arthritis, migraine, or any other illness for which marijuana provides
relief.
(B) To ensure that patients and their primary caregivers who obtain and
use marijuana for medical purposes upon the recommendation of a
physician are not subject to criminal prosecution or sanction.
(C) To encourage the federal and state governments to implement a plan
to provide for the safe and affordable distribution of marijuana to all
patients in medical need of marijuana.
(2) Nothing in this section shall be construed to supersede legislation
prohibiting persons from engaging in conduct that endangers others, nor
to condone the diversion of marijuana for nonmedical purposes.
(c) Notwithstanding any other provision of law, no physician in this
state shall be punished, or denied any right or privilege, for having
recommended marijuana to a patient for medical purposes.
(d) Section 11357, relating to the possession of marijuana, and Section
11358, relating to the cultivation of marijuana, shall not apply to a
patient, or to a patient's primary caregiver, who possesses or
cultivates marijuana for the personal medical purposes of the patient
upon the written or oral recommendation or approval of a physician.
(e) For the purposes of this section, "primary caregiver" means the
individual designated by the person exempted under this section who has
consistently assumed responsibility for the housing, health, or safety
of that person.
11362.9. (a) (1) It is the intent of the Legislature that the
state commission objective scientific research by the premier research
institute of the world, the University of California, regarding the
efficacy and safety of administering marijuana as part of medical
treatment. If the Regents of the University of California, by
appropriate resolution, accept this responsibility, the University of
California shall create a three-year program, to be known as the
California Marijuana Research Program.
(2) The program shall develop and conduct studies intended to ascertain
the general medical safety and efficacy of marijuana and, if found
valuable, shall develop medical guidelines for the appropriate
administration and use of marijuana.
(b) The program may immediately solicit proposals for research projects
to be included in the marijuana studies. Program requirements to be used
when evaluating responses to its solicitation for proposals, shall
include, but not be limited to, all of the following:
(1) Proposals shall demonstrate the use of key personnel, including
clinicians or scientists and support personnel, who are prepared to
develop a program of research regarding marijuana's general medical
efficacy and safety.
(2) Proposals shall contain procedures for outreach to patients with
various medical conditions who may be suitable participants in research
on marijuana.
(3) Proposals shall contain provisions for a patient registry.
(4) Proposals shall contain provisions for an information system that is
designed to record information about possible study participants,
investigators, and clinicians, and deposit and analyze data that accrues
as part of clinical trials.
(5) Proposals shall contain protocols suitable for research on
marijuana, addressing patients diagnosed with the acquired
immunodeficiency syndrome (AIDS) or the human immunodeficiency virus
(HIV), cancer, glaucoma, or seizures or muscle spasms associated with a
chronic, debilitating condition. The proposal may also include research
on other serious illnesses, provided that resources are available and
medical information justifies the research.
(6) Proposals shall demonstrate the use of a specimen laboratory capable
of housing plasma, urine, and other specimens necessary to study the
concentration of cannabinoids in various tissues, as well as housing
specimens for studies of toxic effects of marijuana.
(7) Proposals shall demonstrate the use of a laboratory capable of
analyzing marijuana, provided to the program under this section, for
purity and cannabinoid content and the capacity to detect contaminants.
(c) In order to ensure objectivity in evaluating proposals, the program
shall use a peer review process that is modeled on the process used by
the National Institutes of Health, and that guards against funding
research that is biased in favor of or against particular outcomes. Peer
reviewers shall be selected for their expertise in the scientific
substance and methods of the proposed research, and their lack of bias
or conflict of interest regarding the applicants or the topic of an
approach taken in the proposed research. Peer reviewers shall judge
research proposals on several criteria, foremost among which shall be
both of the following:
(1) The scientific merit of the research plan, including whether the
research design and experimental procedures are potentially biased for
or against a particular outcome.
(2) Researchers' expertise in the scientific substance and methods of
the proposed research, and their lack of bias or conflict of interest
regarding the topic of, and the approach taken in, the proposed
research.
(d) If the program is administered by the Regents of the University of
California, any grant research proposals approved by the program shall
also require review and approval by the research advisory panel.
(e) It is the intent of the Legislature that the program be established
as follows:
(1) The program shall be located at one or more University of California
campuses that have a core of faculty experienced in organizing
multidisciplinary scientific endeavors and, in particular, strong
experience in clinical trials involving psychopharmacologic agents. The
campuses at which research under the auspices of the program is to take
place shall accommodate the administrative offices, including the
director of the program, as well as a data management unit, and
facilities for storage of specimens.
(2) When awarding grants under this section, the program shall utilize
principles and parameters of the other well-tested statewide research
programs administered by the University of California, modeled after
programs administered by the National Institutes of Health, including
peer review evaluation of the scientific merit of applications.
(3) The scientific and clinical operations of the program shall occur,
partly at University of California campuses, and partly at other
postsecondary institutions, that have clinicians or scientists with
expertise to conduct the required studies. Criteria for selection of
research locations shall include the elements listed in subdivision (b)
and, additionally, shall give particular weight to the organizational
plan, leadership qualities of the program director, and plans to involve
investigators and patient populations from multiple sites.
(4) The funds received by the program shall be allocated to various
research studies in accordance with a scientific plan developed by the
Scientific Advisory Council. As the first wave of studies is completed,
it is anticipated that the program will receive requests for funding of
additional studies. These requests shall be reviewed by the Scientific
Advisory Council.
(5) The size, scope, and number of studies funded shall be commensurate
with the amount of appropriated and available program funding.
(f) All personnel involved in implementing approved proposals shall be
authorized as required by Section 11604.
(g) Studies conducted pursuant to this section shall include the
greatest amount of new scientific research possible on the medical uses
of, and medical hazards associated with, marijuana. The program shall
consult with the Research Advisory Panel analogous agencies in other
states, and appropriate federal agencies in an attempt to avoid
duplicative research and the wasting of research dollars.
(h) The program shall make every effort to recruit qualified patients
and qualified physicians from throughout the state.
(i) The marijuana studies shall employ state-of-the-art research
methodologies.
(j) The program shall ensure that all marijuana used in the studies is
of the appropriate medical quality and shall be obtained from the
National Institute on Drug Abuse or any other federal agency designated
to supply marijuana for authorized research. If these federal agencies
fail to provide a supply of adequate quality and quantity within six
months of the effective date of this section, the Attorney General shall
provide an adequate supply pursuant to Section 11478.
(k) The program may review, approve, or incorporate studies and research
by independent groups presenting scientifically valid protocols for
medical research, regardless of whether the areas of study are being
researched by the committee.
(l) (1) To enhance understanding of the efficacy and adverse effects of
marijuana as a pharmacological agent, the program shall conduct focused
controlled clinical trials on the usefulness of marijuana in patients
diagnosed with AIDS or HIV, cancer, glaucoma, or seizures or muscle
spasms associated with a chronic, debilitating condition. The program
may add research on other serious illnesses, provided that resources are
available and medical information justifies the research. The studies
shall focus on comparisons of both the efficacy and safety of methods of
administering the drug to patients, including inhalational, tinctural,
and oral, evaluate possible uses of marijuana as a primary or adjunctive
treatment, and develop further information on optimal dosage, timing,
mode of administration, and variations in the effects of different
cannabinoids and varieties of marijuana.
(2) The program shall examine the safety of marijuana in patients with
various medical disorders, including marijuana's interaction with other
drugs, relative safety of inhalation versus oral forms, and the effects
on mental function in medically ill persons.
(3) The program shall be limited to providing for objective scientific
research to ascertain the efficacy and safety of marijuana as part of
medical treatment, and should not be construed as encouraging or
sanctioning the social or recreational use of marijuana.
(m) (1) Subject to paragraph (2), the program shall, prior to any
approving proposals, seek to obtain research protocol guidelines from
the National Institutes of Health and shall, if the National Institutes
of Health issues research protocol guidelines, comply with those
guidelines.
(2) If, after a reasonable period of time of not less than six months
and not more than a year has elapsed from the date the program seeks to
obtain guidelines pursuant to paragraph (1), no guidelines have been
approved, the program may proceed using the research protocol guidelines
it develops.
(n) In order to maximize the scope and size of the marijuana studies,
the program may do any of the following:
(1) Solicit, apply for, and accept funds from foundations, private
individuals, and all other funding sources that can be used to expand
the scope or timeframe of the marijuana studies that are authorized
under this section. The program shall not expend more than 5 percent of
its General Fund allocation in efforts to obtain money from outside
sources.
(2) Include within the scope of the marijuana studies other marijuana
research projects that are independently funded and that meet the
requirements set forth in subdivisions (a) to (c), inclusive. In no case
shall the program accept any funds that are offered with any conditions
other than that the funds be used to study the efficacy and safety of
marijuana as part of medical treatment. Any donor shall be advised that
funds given for purposes of this section will be used to study both the
possible benefits and detriments of marijuana and that he or she will
have no control over the use of these funds.
(o) (1) Within six months of the effective date of this section, the
program shall report to the Legislature, the Governor, and the Attorney
General on the progress of the marijuana studies.
(2) Thereafter, the program shall issue a report to the Legislature
every six months detailing the progress of the studies. The interim
reports required under this paragraph shall include, but not be limited
to, data on all of the following:
(A) The names and number of diseases or conditions under study.
(B) The number of patients enrolled in each study by disease.
(C) Any scientifically valid preliminary findings.
(p) If the Regents of the University of California implement this
section, the President of the University of California shall appoint a
multidisciplinary Scientific Advisory Council, not to exceed 15 members,
to provide policy guidance in the creation and implementation of the
program. Members shall be chosen on the basis of scientific expertise.
Members of the council shall serve on a voluntary basis, with
reimbursement for expenses incurred in the course of their
participation. The members shall be reimbursed for travel and other
necessary expenses incurred in their performance of the duties of the
council.
(q) No more than 10 percent of the total funds appropriated be used for
all aspects of the administration of this section.
(r) This section shall be implemented only to the extent that funding
for its purposes is appropriated by the Legislature in the annual Budget
Act.
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