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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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