The truth about Richard Lee and Prop 19

~Zen~ · Oct 11, 2010

The truth is that it's all about the Benjamins... the money, the cha-ching as his cash registers reap the harvest of California Gold. This transplanted Texan thinks he can rule the world of Cannabis... well he has got a head start on the rest of the cannapreneurs of the world, where will he lead us? Into crass commercialism or a kinder, gentler world? Only time will tell, and your votes will be counted!

Vote one way or another! It's your responsibility as a citizen to VOTE.

Richard Lee rolled his wheelchair up the ramp and glided onstage, steering himself to a table draped in a green cloth with "Oaksterdam University" spelled out in gold, varsity-sweater letters.

The founder of the nation's first marijuana trade school was there to deliver a few inspirational words to about 70 students hoping to become the next Richard Lee, an entrepreneur who says his medical marijuana dispensary, nursery and other pot-related businesses bring in as much as $7 million a year.

Lee fiddled with a camera pointed at a leafy plant until an image came into focus on an overhead screen: a ready-to-harvest marijuana bud.

But when he spoke, it was about the business, not the bud. To Lee, the pot business is a political tool to achieve "the most important thing," an end to decades of prohibition. He believes Americans can be persuaded to legalize pot if they see it toked and taxed without dire consequences.

"When I started, they were like, 'No, that'll never work. It will lead to chaos, end of the world, apocalypse, dogs sleeping with cats. It'll just, you know, never work.' And so we had to just basically do it," Lee said. "So that's why I remind you to not be about growing bud and selling bud and making money.

"Be involved in the politics, and good luck to you," he said. "Be careful."

Buds and politics are his life. Lee, 47, has built his pot businesses into a kind of legalization pilot project in Oakland. Now he hopes California voters will take the next step. He is the driving force behind Proposition 19 on the Nov. 2 ballot, which would let people 21 and older grow and possess marijuana and allow local governments to permit retail sales and collect taxes. So far, he has spent $1.5 million to draft the measure, get it on the ballot and sell it to voters.

With his cowlicked hair, aviator glasses and reluctant smile, Lee looks disarmingly boyish, as if time stopped in 1982 when Nancy Reagan told Oakland schoolchildren to just say no. But he has become one of the most visible and effective spokesmen for legalization. He comes across on television as earnest, knowledgeable and surprisingly candid for a man who became a millionaire selling a drug that is still illegal under federal law.

Oaksterdam University, founded three years ago, gave Lee a platform. The school started as a lark when he ran a newspaper ad touting "Quality Training for the Cannabis Industry." He didn't intend to provide it, he says. It was agitprop meant to stir media attention.

"I was trying to figure out the best way to promote the idea of a cannabis industry," Lee said, "instead of all this nonprofit cooperatives, a bunch of hippies, peace and love, sharing their bud together, like a Coca-Cola commercial - you know, teach the world to sing. No, this is like Budweiser and Jack Daniel's. It's a business."

Within days, Lee had a list of applicants, and a joke became a school. It still reflects Lee's subversive sense of humor. The seal is modeled on Harvard's, but with the motto "Veritas" replaced by "Cannabis."

The school, which offers classes on cultivation, cooking, legal issues and pot as a business, has outgrown two sites and now occupies a 30,000-square-foot office building in Oakland. Classes are also offered in Los Angeles, Sebastopol and North Bay, Mich. Some 12,000 students have earned certificates. Fees range from $250 for a weekend seminar to $650 for a 13-week course.

The university is the centerpiece of Lee's businesses, located in a timeworn area near Oakland City Hall that began to revive when marijuana dispensaries were drawn to its cheap real estate. Lee opened one of the first, in 1999.

In a bid to demonstrate that marijuana can be a tax-paying, job-generating business like any other, he launched other pot-related ventures including a retail outlet that sells plants from his nursery and a weed-themed gift shop. Lee's enterprises employ 52 people. He promotes the area as a destination for pot tourists and pays the owner of a Model T to drive them around.

He presides over the neighborhood, nicknamed Oaksterdam after pot-friendly Amsterdam, with a proprietary air. He straightens signs. He scoops up trash. He is frequently recognized and asked to pose for photographs. "I feel like the guy in the Mickey Mouse costume," he said.

Lee operates in a gray zone created by conflicting and murky federal, state and local laws, themselves a reflection of the country's divided attitudes toward pot.

The California attorney general's office says medical marijuana dispensaries and nurseries must be nonprofit collectives run by patients or caregivers. Most cities with dispensaries adhere to that view, but Oakland lets individuals own dispensaries and make a profit, provided it's not "excessive."

Lee maintains that state law is vague enough to allow for his "liberal, progressive" interpretation that medical cannabis can be a profit-making business.

Under federal laws, marijuana is illegal for any purpose. But the Obama administration has decided not to arrest dispensary operators who are in "unambiguous compliance" with state laws.

To avoid antagonizing federal narcotics agents, Lee talks about his business with a practiced vagueness. "If you don't rub it in their faces," he said, "it's not an issue."

Lee grew up in Houston and went to a Catholic high school. His parents were Goldwater Republicans who taught their five sons that marijuana was "the weed of the devil," although they now support his initiative.

He studied communications at the University of Houston but was drawn to extracurricular work as a stagehand for campus shows. He dropped out of school and became a lighting technician for bands. "Everyone I've worked for, you've heard of," he said, naming LL Cool J, Dwight Yoakam and Aerosmith.

In 1990, on tour with Aerosmith, Lee fell and landed on his tool belt. A severe spinal injury left him paralyzed from the waist down.

A year later, Lee and a friend were in a drive-through at a Jack in the Box in Houston when carjackers stole their vehicle. "They pulled out large-caliber revolvers and put them to our heads," he said.

The police took 45 minutes to arrive. When Lee, who had left his wheelchair at home, asked for a ride, he says one of the officers cracked, "What do we look like, a taxi company?"

He says he stewed over the delayed police response until he had an epiphany.

"I thought about that the police are wasting their time looking for people like me and my friends, you know, cannabis consumers, instead of the real criminals, the real sociopaths and predators out there," he said, explaining how he was inspired to crusade for marijuana legalization. "The cause saved my life."

He started with a stunt, setting up an informational table on marijuana outside the Houston Police Department. "They were not amused. It lasted about 15 minutes," he said. An officer spotted a water pipe and arrested him. Lee said he spent a night in jail and pleaded no contest.

In 1992, Lee opened a store devoted to non-psychoactive pot. He cheekily named it "Legal Marijuana - The Hemp Store." It was more soapbox than store. Lee would talk to customers about the absurdity of outlawing a plant as versatile as hemp. "You could start a conversation, and then they started going, 'Wow, the stoner's not stupid,'" he said.

He also started to talk about pot's medical benefits, saying it quieted the spasms in his legs. Now he mostly avoids the subject. "I've always been for total legalization and seen medical only as a political reality," he said.

Lee moved to California in 1997, a year after it became the first state to allow marijuana to be used as a medicine. In a warehouse near the Oakland Coliseum, he started a growing operation that he said yielded about a dozen pounds a month. One night, he heard booming and felt the building shake. "I'm like, 'Oh, that's got to be the front door being kicked in, right?'" he said. It was a stadium fireworks display.

He lived in the warehouse for seven years. "You learn not to socialize much," he said. Jeff Jones, who ran the medical marijuana cooperative that Lee supplied and is one of his closest allies, said he was reclusive. He marveled recently at how Lee has managed "to come out of his closet for the last decade."

When he did, he proved a shrewd political strategist.

In 2004, as Oakland clamped down on dispensaries, Lee spearheaded a local initiative requiring police to make marijuana their lowest enforcement priority. To appeal to non-users, he pitched it not as legalization, but as a way to "tax and regulate" marijuana. The measure passed with 65 percent of the vote.

Marijuana is now all but legal in Oakland. Underground clubs sell it to adults with no pretense that it is for medical use. Four dispensaries pay a tax approved last year that raises about $800,000 a year. The now-pot-enamored City Council has endorsed Lee's legalization initiative, approved a plan for four enormous indoor marijuana farms and placed a pot tax increase on the Nov. 2 ballot.

Council members who were once adversaries treat Lee as a respected adviser. "Let me just thank you for who you are and what you've done for the industry," Councilman Larry Reid said at a hearing after Lee had spoken.

Lee decided to push a statewide initiative even though veteran activists urged him to wait until 2012, when the presidential election would probably bring out more liberal voters. He believed the recession made his tax-and-regulate message all the more resonant.

"He's it. It was his idea. He bankrolled it. His team wrote it," said Dale Gieringer, head of the California chapter of the National Organization for the Reform of Marijuana Laws.

Lee has contributed about three-fourths of the $1.9 million the campaign had raised by midyear. His go-it-alone approach left some natural allies on the sidelines, including wealthy donors who bankrolled earlier measures to loosen California's drug laws. And Lee has been vilified by some within the medical marijuana community who prefer the status quo and who argue that the initiative could disrupt their businesses and jeopardize patients' access to pot.

Polls show that about half the state's voters support Proposition 19. Lee, who professes a visceral distaste for politics, had hoped to fade into the background when the initiative made the ballot. But with no high-profile supporters and no money for TV ads, he remains its most visible advocate.

One recent day, Lee drove into San Francisco to search for potential donors and endorsers at a fundraising lunch for a union-backed nonprofit. Wearing his usual Oaksterdam polo shirt, he stood out among the sharp suits and sleek dresses.

As the speeches began, Lee flipped absently through the program, studied ceiling beams and chuckled when Mayor Gavin Newsom announced he had one final thought after stem-winding past several other final thoughts. When the pinstriped Democrat strode out, Lee sped after him and asked for an endorsement.

Newsom, a candidate for lieutenant governor, reeled back in theatrical horror. "Oh, Jesus," he cried. "Oh, God. Oh, God."

He swiveled. He vanished.

Undeterred, Lee went back inside to try again.
Click to expand...

From the Sacramento Bee

Boogabaah · Oct 11, 2010

why is the vote not private? why are names listed?

skip · Oct 11, 2010

A pretty good article about Richard Lee. However it doesn't mention how much he stands to profit from Prop 19. That would've been a good question to ask him. The fact is Prop 19 wasn't just written by his "team". It is designed to make his setup the model for everyone else, like it or not.

And Prop 19 also provides lots of limits on what can and can't be done with marijuana in California. For instance it criminalizes edibles containing cannabis! I'm not sure how that will jive with Prop 215 which called for safe access for medical patients, many of whom rely upon edibles since they can't smoke it.

Fortunately the law can be modified by the legislature and my understanding is Tom Ammiano, the legislator who pushed a different legalization bill in California's House of Reps, has a new bill ready to address the shortcomings of Prop 19.

You can see Ammiano's bill here or in the next post:
http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0001-0050/abx6_9_bill_20100921_introduced.html

This looks GREAT! It seems like he's incorporated his previous bill that went nowhere into this one. What's great about it, is it spells out every detail including what paraphernalia should be legal, all things we need!

skip · Oct 11, 2010

BILL NUMBER: ABX6 9 INTRODUCED
BILL TEXT

INTRODUCED BY Assembly Member Ammiano

SEPTEMBER 21, 2010

An act to add Section 23394.1 to, and to add Chapter 19
(commencing with Section 26000) to Division 9 of, the Business and
Professions Code, to amend Section 68152 of the Government Code, to
amend Sections 1596.795, 11014.5, 11054, 11357, 11359, 11364.5,
11370, 11470, 11488, 11532, 11703, and 11705 of, to add Article 6
(commencing with Section 11310) to Chapter 5 of Division 10 of, and
to repeal Sections 11358, 11360, and 11485 of, the Health and Safety
Code, to add Part 14.6 (commencing with Section 34001) to Division 2
of the Revenue and Taxation Code, to amend Sections 23222 and
40000.15 of the Vehicle Code, and to amend Section 18901.3 of the
Welfare and Institutions Code, relating to marijuana.

LEGISLATIVE COUNSEL'S DIGEST

AB 9, as introduced, Ammiano. Marijuana Control and Regulation Act
of 2010.
Existing state law provides that every person who possesses,
sells, transports, or cultivates marijuana, concentrated cannabis, or
derivatives of marijuana, except as authorized by law, is guilty of
one or more crimes.
This bill would remove marijuana and its derivatives from existing
statutes defining and regulating controlled substances. The bill
would instead provide for regulation by the Department of Alcoholic
Beverage Control of the possession, cultivation, and other conduct
relating to marijuana and its derivatives, not including medical
marijuana, by persons 21 years of age and older, for specified
purposes. The bill would set up a wholesale and retail marijuana
sales regulation program to be administered and enforced by the
department, to commence after regulations concerning the program have
been issued by the department. The bill would ban local and state
assistance in enforcing inconsistent federal and other laws relating
to marijuana. The bill would provide for penalties for violations of
its provisions regarding new marijuana laws and regulations, as
specified.
By creating various crimes for violations of regulations and laws
created by this act, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would become operative only if Proposition 19 is adopted
at the November 2, 2010, statewide general election.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.

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

SECTION 1. It is the intent of the Legislature in enacting this,
the Marijuana Control and Regulation Act of 2010, to do all of the
following:
(a) To further the purposes of the "Regulate, Control and Tax
Cannabis Act of 2010" added by initiative at the November 2, 2010,
General Election, to establish a statewide regulatory system for a
commercial marijuana industry as specified in the initiative.
(b) To regulate marijuana and its derivatives for persons 21 years
of age or older.
(c) To remove all existing civil and criminal penalties for
persons 21 years of age or older who personally cultivate, possess,
process, share, or transport a limited amount of marijuana, solely
for that individual's personal consumption in a residence or other
nonpublic place, including premises licensed for that purpose, and
not for resale, without impacting existing laws proscribing dangerous
activities while under the influence of marijuana, or certain
conduct that exposes younger persons to marijuana.
(d) To regulate marijuana in order to more effectively limit
access to marijuana by minors.
(e) To deprive the criminal market of revenue derived from the
cultivation, smuggling, and sale of marijuana.
(f) To reduce the violence associated with the criminal market for
marijuana.
(g) To prevent the environmental degradation that results from the
production and eradication of marijuana associated with the criminal
market.
(h) To address the overall failure of marijuana prohibition to
protect the public health and safety.
(i) To raise funds and to discourage substance abuse by the
imposition of a substantial fee on the legal sale of marijuana, the
proceeds of which will support drug education and awareness programs.

(j) To impose a set of regulations and laws concerning marijuana
comparable to those imposed on alcohol.
(k) To impose fines for violations of the noncommercial
regulations and laws concerning marijuana.
(l) To prevent state and local agencies from supporting any
prosecution for federal or other crimes relating to marijuana that
are inconsistent with those provided in this bill.
(m) To exclude medical marijuana from the fees and regulations
imposed by this act.
(n) To encourage the federal government to reconsider its policies
concerning marijuana, and to change its laws accordingly.

SEC. 2. Section 23394.1 is added to the Business and Professions
Code, to read:
23394.1. An off-sale general license, as provided for in Section
23394, also authorizes the sale, to consumers only and not for
resale, of marijuana, concentrated cannabis, or any of its
derivatives pursuant to the provisions of Chapter 19 (commencing with
Section 26000) of this division.

SEC. 3. Chapter 19 (commencing with Section 26000) is added to
Division 9 of the Business and Professions Code, to read:
CHAPTER 19. COMMERCIAL MARIJUANA PRODUCTION AND SALE

26000. (a) This chapter is an exercise of the police powers of
the state for the protection of the safety, welfare, health, peace,
and morals of the people of the state, to eliminate the evils of
unlicensed and unlawful production, selling, and disposing of
marijuana, and to promote temperance in the use and consumption of
marijuana. It is hereby declared that the subject matter of this
chapter involves in the highest degree the economic, social, and
moral well-being and the safety of the state and of all its people.
All provisions of this chapter shall be liberally construed for the
accomplishment of these purposes.
(b) It is the intention of the Legislature in enacting this
chapter to ensure the strict, honest, impartial, and uniform
administration and enforcement of marijuana laws throughout the state
governing the production, sale, disposal, and promotion of
temperance in the use and consumption of marijuana.
(c) The Department of Alcoholic Beverage Control shall administer
and enforce this chapter. The department shall make and prescribe
those reasonable rules as may be necessary or proper to carry out the
purposes and intent of, and to enable it to exercise the powers and
perform the duties conferred upon it by, this chapter.
26010. For purposes of this chapter, "marijuana" and "cannabis"
are interchangeable terms that mean all parts of the plant Cannabis
sativa L., whether growing or not; the resin extracted from any part
of the plant; concentrated cannabis; edible products containing the
above; and every active compound, manufacture, derivative, or
preparation of the plant or resin.
26020. (a) The department shall license commercial cultivators of
marijuana. The fee for the license shall be set at an amount that
will reasonably cover the costs of ensuring compliance with the
regulations to be issued, but may not exceed five thousand dollars
($5,000) for an initial application, or two thousand five hundred
dollars ($2,500) per year for each annual renewal.
(b) Regulations adopted by the department pursuant to this chapter
shall require background checks of applicants to be conducted. At
the request of the department, the Attorney General or any local
agency shall provide summary criminal history information to the
department as provided in Sections 11105 and 13300 of the Penal Code.

26030. The department shall, with consideration for the risks
posed by cultivation of a valuable crop with public health
implications that is subject to significant fees, issue and enforce
regulations concerning commercial cultivators of marijuana that
provide for all of the following:
(a) Adequate security to reasonably protect against unauthorized
access to the marijuana crop at all stages of cultivation,
harvesting, drying, processing, packing, and delivery to licensed
sales outlets or wholesalers. Each licensee shall be required to
provide a detailed crop security plan, along with satisfactory proof
of the financial ability of the licensee to provide for that
security.
(b) Appropriate employment rules, including the rule that a person
under 21 years of age may not have access to marijuana during
cultivation, storage, drying, or packing, or at any other time.
(c) Safeguards to ensure that a person under 21 years of age may
not transport marijuana on behalf of a commercial buyer or commercial
seller.
(d) Restrictions to ensure that marijuana is not used or consumed
on the premises of a commercial cultivator.
(e) An inspection and tracking system to reasonably ensure that
all marijuana produced by the cultivator that is eventually sold is
assessed pursuant to Part 14.6 (commencing with Section 34001) of
Division 2 of the Revenue and Taxation Code.
(f) Recordkeeping consistent with the regulatory needs of the
department.
(g) Ensure that all applicable statutory environmental and
agricultural requirements are followed in the cultivation of
marijuana.
26040. (a) The department shall license marijuana wholesalers,
which shall be allowed to package and prepare marijuana for sale, and
which shall be authorized to sell marijuana to licensed sales
outlets. The fee for the license shall be set in an amount that will
reasonably cover the costs of compliance with the regulations to be
issued, but may not exceed five thousand dollars ($5,000) for an
initial application, or two thousand five hundred dollars ($2,500)
per year for each annual renewal.
(b) The department shall issue regulations that include a
requirement that all applicants for licensure receive background
checks. At the request of the department, the Attorney General or any
local agency shall provide summary criminal history information to
the department as provided in Sections 11105 and 13300 of the Penal
Code.
26050. The department shall, with consideration for the risks
posed by a valuable commodity with public health implications that is
subject to significant fees, issue and enforce regulations
concerning the sale, packaging, and labeling of marijuana by
wholesale licensees. Those regulations shall provide for all of the
following:
(a) Adequate security to reasonably protect against unauthorized
access to marijuana at all stages of the wholesaler's possession of
the marijuana, including receiving, processing, packing, storage, and
delivery to licensed sales outlets. Each wholesaler shall be
required to provide a detailed product security plan, along with
satisfactory proof of the financial ability of the licensee to
provide for that security.
(b) Appropriate employment rules, including that no person under
21 years of age shall be employed or involved in any transaction
concerning marijuana, including, but not limited to, transporting,
receiving, processing, packing, storage, and delivery of marijuana.
(c) Restrictions to ensure that marijuana is not used or consumed
on the premises of a wholesaler.
(d) An inspection and tracking system to reasonably ensure that
all marijuana received by the wholesaler that is eventually sold is
assessed pursuant to Part 14.6 (commencing with Section 34001) of
Division 2 of the Revenue and Taxation Code.
(e) Recordkeeping consistent with the regulatory needs of the
department.
(f) Adequate labeling of packages of marijuana to describe the
purity, potency, processing, and any adulteration of the product.
26060. The department shall issue and enforce regulations
concerning the sale of marijuana by off-sale general licensees. Those
regulations shall provide for all of the following:
(a) An inspection and tracking system to ensure that marijuana may
not be sold by a licensee if that marijuana has not been made
subject to an assessment provided for in Part 14.6 (commencing with
Section 34001) of Division 2 of the Revenue and Taxation Code.
(b) Marijuana shall be kept behind a counter in an area not
directly accessible to any customer, and shall be stored in a case
that is locked between sales.
(c) Marijuana may not be sold to anyone under 21 years of age.
(d) Punishments for violations in actions against licensees that
are in substantial accord with those applicable to the regulation of
alcohol sales, including heavy penalties for permitting persons under
21 years of age to purchase these products and other appropriate
regulatory provisions concerning matters such as the time of sale,
deliveries, and signage, in addition to the criminal penalties
specified in Section 11361 of the Health and Safety Code. It is the
intent of the people in enacting this act that the regulation of
marijuana sales be consistent with the statutory guidance regarding
alcohol sales in Chapter 16 (commencing with Section 25600), to the
extent that consistency is feasible.
(e) Recordkeeping consistent with the regulatory needs of the
department.
26070. Beginning 30 days after the operative date of the
regulations issued pursuant to this chapter, the department shall
begin to enforce the provisions of this chapter.
26080. This chapter shall not apply to the medical use of
marijuana which is regulated by Section 11362.5 and Article 2.5
(commencing with Section 11362.7) of Chapter 6 of Division 10 of the
Health and Safety Code.

SEC. 4. Section 68152 of the Government Code is amended to read:
68152. The trial court clerk may destroy court records under
Section 68153 after notice of destruction and if there is no request
and order for transfer of the records, except the comprehensive
historical and sample superior court records preserved for research
under the California Rules of Court, when the following times have
expired after final disposition of the case in the categories listed:

(a) Adoption: retain permanently.
(b) Change of name: retain permanently.
(c) Other civil actions and proceedings, as follows:
(1) Except as otherwise specified: 10 years.
(2) Where a party appears by a guardian ad litem: 10 years after
termination of the court's jurisdiction.
(3) Domestic violence: same period as duration of the restraining
or other orders and renewals, then retain the restraining or other
orders as a judgment; 60 days after expiration of the temporary
protective or temporary restraining order.
(4) Eminent domain: retain permanently.
(5) Family law, except as otherwise specified: 30 years.
(6) Harassment: same period as duration of the injunction and
renewals, then retain the injunction as a judgment; 60 days after
expiration of the temporary restraining order.
(7) Mental health (Lanterman Developmental Disabilities Services
Act and Lanterman-Petris-Short Act): 30 years.
(8) Paternity: retain permanently.
(9) Petition, except as otherwise specified: 10 years.
(10) Real property other than unlawful detainer: retain
permanently if the action affects title or an interest in real
property.
(11) Small claims: 10 years.
(12) Unlawful detainer: one year if judgment is for possession of
the premises; 10 years if judgment is for money.
(d) Notwithstanding subdivision (c), any civil or small claims
case in the trial court:
(1) Involuntarily dismissed by the court for delay in prosecution
or failure to comply with state or local rules: one year.
(2) Voluntarily dismissed by a party without entry of judgment:
one year.
Notation of the dismissal shall be made on the civil index of
cases or on a separate dismissal index.
(e) Criminal.
(1) Capital felony (murder with special circumstances where the
prosecution seeks the death penalty): retain permanently. If the
charge is disposed of by acquittal or a sentence less than death, the
case shall be reclassified.
(2) Felony, except as otherwise specified: 75 years.
(3) Felony, except capital felony, with court records from the
initial complaint through the preliminary hearing or plea and for
which the case file does not include final sentencing or other final
disposition of the case because the case was bound over to the
superior court: five years.
(4) Misdemeanor, except as otherwise specified: five years.
(5) Misdemeanor alleging a violation of the Vehicle Code, except
as otherwise specified: three years.
(6) Misdemeanor alleging a violation of Section 23103, 23152, or
23153 of the Vehicle Code: 10 years.
(7) Misdemeanor alleging a violation of Section 14601, 14601.1,
20002, 23104, 23105, 23109, or 23109.1 of the Vehicle Code: five
years.
(8) Misdemeanor alleging a marijuana violation under subdivision
(b), (c), (d), (a) or (e)
(b) of Section 11357 of the Health and Safety
Code, or subdivision (b) of Section 11360 of the Health and
Safety Code in accordance with the procedure set forth in
Section 11361.5 of the Health and Safety Code: records shall be
destroyed two years from the date of conviction or from the date of
arrest if no conviction.
(9) Misdemeanor, infraction, or civil action alleging a violation
of the regulation and licensing of dogs under Sections 30951 to
30956, inclusive, of the Food and Agricultural Code or violation of
any other local ordinance: three years.
(10) Misdemeanor action resulting in a requirement that the
defendant register as a sex offender pursuant to Section 290 of the
Penal Code: 75 years. This paragraph shall apply to records relating
to a person convicted on or after September 20, 2006.
(11) Infraction, except as otherwise specified: three years.
(12) Parking infractions, including alleged violations under the
stopping, standing, and parking provisions set forth in Chapter 9
(commencing with Section 22500) of Division 11 of the Vehicle Code:
two years.
(f) Habeas corpus: same period as period for retention of the
records in the underlying case category.
(g) Juvenile.
(1) Dependent (Section 300 of the Welfare and Institutions Code):
upon reaching age 28 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed pursuant to subdivision (c) of
Section 389 of the Welfare and Institutions Code.
(2) Ward (Section 601 of the Welfare and Institutions Code): upon
reaching age 21 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed under subdivision (d) of Section
781 of the Welfare and Institutions Code.
(3) Ward (Section 602 of the Welfare and Institutions Code): upon
reaching age 38 under subdivision (a) of Section 826 of the Welfare
and Institutions Code. Sealed records shall be destroyed upon court
order when the subject of the record reaches the age of 38 under
subdivision (d) of Section 781 of the Welfare and Institutions Code.
(4) Traffic and some nontraffic misdemeanors and infractions
(Section 601 of the Welfare and Institutions Code): upon reaching age
21 or five years after jurisdiction over the person has terminated
under subdivision (c) of Section 826 of the Welfare and Institutions
Code. May be microfilmed or photocopied.
(5) Marijuana misdemeanor under subdivision (e)
(b) of Section 11357 of the Health and Safety Code in
accordance with procedures specified in subdivision (a) of Section
11361.5 of the Health and Safety Code: upon reaching age 18 the
records shall be destroyed.
(h) Probate.
(1) Conservatorship: 10 years after decree of termination.
(2) Guardianship: 10 years after the age of 18.
(3) Probate, including probated wills, except as otherwise
specified: retain permanently.
(i) Court records of the appellate division of the superior court:
five years.
(j) Other records.
(1) Applications in forma pauperis: any time after the disposition
of the underlying case.
(2) Arrest warrant: same period as period for retention of the
records in the underlying case category.
(3) Bench warrant: same period as period for retention of the
records in the underlying case category.
(4) Bond: three years after exoneration and release.
(5) Coroner's inquest report: same period as period for retention
of the records in the underlying case category; if no case, then
permanent.
(6) Court orders not associated with an underlying case, such as
orders for destruction of court records for telephone taps, or to
destroy drugs, and other miscellaneous court orders: three years.
(7) Court reporter notes: 10 years after the notes have been taken
in criminal and juvenile proceedings and five years after the notes
have been taken in all other proceedings, except notes reporting
proceedings in capital felony cases (murder with special
circumstances where the prosecution seeks the death penalty and the
sentence is death), including notes reporting the preliminary
hearing, which shall be retained permanently, unless the Supreme
Court on request of the court clerk authorizes the destruction.
(8) Electronic recordings made as the official record of the oral
proceedings under the California Rules of Court: any time after final
disposition of the case in infraction and misdemeanor proceedings,
10 years in all other criminal proceedings, and five years in all
other proceedings.
(9) Electronic recordings not made as the official record of the
oral proceedings under the California Rules of Court: any time either
before or after final disposition of the case.
(10) Index, except as otherwise specified: retain permanently.
(11) Index for cases alleging traffic violations: same period as
period for retention of the records in the underlying case category.
(12) Judgments within the jurisdiction of the superior court other
than in a limited civil case, misdemeanor case, or infraction case:
retain permanently.
(13) Judgments in misdemeanor cases, infraction cases, and limited
civil cases: same period as period for retention of the records in
the underlying case category.
(14) Minutes: same period as period for retention of the records
in the underlying case category.
(15) Naturalization index: retain permanently.
(16) Ninety-day evaluation (under Section 1203.03 of the Penal
Code): same period as period for retention of the records in the
underlying case category, or period for completion or termination of
probation, whichever is longer.
(17) Register of actions or docket: same period as period for
retention of the records in the underlying case category, but in no
event less than 10 years for civil and small claims cases.
(18) Search warrant: 10 years, except search warrants issued in
connection with a capital felony case defined in paragraph (7), which
shall be retained permanently.
(k) Retention of the court records under this section shall be
extended as follows:
(1) By order of the court on its own motion, or on application of
a party or an interested member of the public for good cause shown
and on those terms as are just. A fee shall not be charged for making
the application.
(2) Upon application and order for renewal of the judgment to the
extended time for enforcing the judgment.

SEC. 5. Section 1596.795 of the Health and Safety Code is amended
to read:
1596.795. (a) The smoking of tobacco or marijuana in a
private residence that is licensed as a family day care home shall
be prohibited during the hours of operation as a family day care home
and in those areas of the family day care home where children are
present. Nothing in this section shall prohibit a city or county from
enacting or enforcing an ordinance relating to the
smoking of tobacco or marijuana in a family day care home
if the ordinance is more stringent than this section.
(b) The smoking of tobacco or marijuana on the premises
of a licensed day care center shall be prohibited.

SEC. 6. Section 11014.5 of the Health and Safety Code is amended
to read:
11014.5. (a) "Drug paraphernalia" means all equipment,
products products, and materials of any kind
which that are designed for use or
marketed for use, use in planting,
propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance in violation of this division. It
includes, but is not limited to:
(1) Kits designed for use or marketed for use in planting,
propagating, cultivating, growing, or harvesting of any species of
plant which is a controlled substance or from which a controlled
substance can be derived.
(2) Kits designed for use or marketed for use in manufacturing,
compounding, converting, producing, processing, or preparing
controlled substances.
(3) Isomerization devices designed for use or marketed for use in
increasing the potency of any species of plant which is a controlled
substance.
(4) Testing equipment designed for use or marketed for use in
identifying, or in analyzing the strength, effectiveness, or purity
of controlled substances.
(5) Scales and balances designed for use or marketed for use in
weighing or measuring controlled substances.
(6) Containers and other objects designed for use or marketed for
use in storing or concealing controlled substances.
(7) Hypodermic syringes, needles, and other objects designed for
use or marketed for use in parenterally injecting controlled
substances into the human body.
(8) Objects designed for use or marketed for use in ingesting,
inhaling, or otherwise introducing marijuana, cocaine,
hashish, or hashish oil cocaine into the human
body, such as the following :
(A) Carburetion tubes and devices.
(B) Smoking and carburetion masks.
(C) Roach clips, meaning objects used to hold burning
material, such as a marijuana cigarette, material
that has become too small or too short to be held in the hand.
(D) Miniature cocaine spoons, and cocaine vials.
(E) Chamber pipes.
(F) Carburetor pipes.
(G) Electric pipes.
(H) Air-driven pipes.
(I) Chillums.
(J) Bongs.
(K) Ice pipes or chillers.
(b) For the purposes of this section, the phrase "marketed for use"
means advertising, distributing, offering for sale, displaying for
sale, or selling in a manner which promotes the use of equipment,
products, or materials with controlled substances.
(c) In determining whether an object is drug paraphernalia, a
court or other authority may consider, in addition to all other
logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object
concerning its use.
(2) Instructions, oral or written, provided with the object
concerning its use for ingesting, inhaling, or otherwise introducing
a controlled substance into the human body.
(3) Descriptive materials accompanying the object which explain or
depict its use.
(4) National and local advertising concerning its use.
(5) The manner in which the object is displayed for sale.
(6) Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products.
(7) Expert testimony concerning its use.
(d) If any provision of this section or the application thereof to
any person or circumstance is held invalid, it is the intent of the
Legislature that the invalidity shall not affect other provisions or
applications of the section which can be given effect without the
invalid provision or application and to this end the provisions of
this section are severable.

SEC. 7. Section 11054 of the Health and Safety Code is amended to
read:
11054. (a) The controlled substances listed in this section are
included in Schedule I.
(b) Opiates. Unless specifically excepted or unless listed in
another schedule, any of the following opiates, including their
isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers whenever the existence of those isomers, esters, ethers, and
salts is possible within the specific chemical designation:
(1) Acetylmethadol.
(2) Allylprodine.
(3) Alphacetylmethadol (except levoalphacetylmethadol, also known
as levo-alpha- acetylmethadol
levo-alpha-acetylmethadol , levomethadyl acetate, or LAAM).
(4) Alphameprodine.
(5) Alphamethadol.
(6) Benzethidine.
(7) Betacetylmethadol.
(8) Betameprodine.
(9) Betamethadol.
(10) Betaprodine.
(11) Clonitazene.
(12) Dextromoramide.

(13) Diampromide.
(14) Diethylthiambutene.
(15) Difenoxin.
(16) Dimenoxadol.
(17) Dimepheptanol.
(18) Dimethylthiambutene.
(19) Dioxaphetyl butyrate.
(20) Dipipanone.
(21) Ethylmethylthiambutene.
(22) Etonitazene.
(23) Etoxeridine.
(24) Furethidine.
(25) Hydroxypethidine.
(26) Ketobemidone.
(27) Levomoramide.
(28) Levophenacylmorphan.
(29) Morpheridine.
(30) Noracymethadol.
(31) Norlevorphanol.
(32) Normethadone.
(33) Norpipanone.
(34) Phenadoxone.
(35) Phenampromide.
(36) Phenomorphan.
(37) Phenoperidine.
(38) Piritramide.
(39) Proheptazine.
(40) Properidine.
(41) Propiram.
(42) Racemoramide.
(43) Tilidine.
(44) Trimeperidine.
(45) Any substance which contains any quantity of acetylfentanyl
(N-[1-phenethyl-4-piperidinyl] acetanilide) or a derivative thereof.
(46) Any substance which contains any quantity of the thiophene
analog of acetylfentanyl (N-[1-[2-(2-thienyl)ethyl]-4-piperidinyl]
acetanilide) or a derivative thereof.
(47) 1-Methyl-4-Phenyl-4-Propionoxypiperidine (MPPP).
(48) 1-(2-Phenethyl)-4-Phenyl-4-Acetyloxypiperidine (PEPAP).
(c) Opium derivatives. Unless specifically excepted or unless
listed in another schedule, any of the following opium derivatives,
its salts, isomers, and salts of isomers whenever the existence of
those salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(1) Acetorphine.
(2) Acetyldihydrocodeine.
(3) Benzylmorphine.
(4) Codeine methylbromide.
(5) Codeine-N-Oxide.
(6) Cyprenorphine.
(7) Desomorphine.
(8) Dihydromorphine.
(9) Drotebanol.
(10) Etorphine (except hydrochloride salt).
(11) Heroin.
(12) Hydromorphinol.
(13) Methyldesorphine.
(14) Methyldihydromorphine.
(15) Morphine methylbromide.
(16) Morphine methylsulfonate.
(17) Morphine-N-Oxide.
(18) Myrophine.
(19) Nicocodeine.
(20) Nicomorphine.
(21) Normorphine.
(22) Pholcodine.
(23) Thebacon.
(d) Hallucinogenic substances. Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture,
or preparation, which contains any quantity of the following
hallucinogenic substances, or which contains any of its salts,
isomers, and salts of isomers whenever the existence of those salts,
isomers, and salts of isomers is possible within the specific
chemical designation (for purposes of this subdivision only, the term
"isomer" includes the optical, position, and geometric isomers):
(1) 4-bromo-2,5-dimethoxy-amphetamine--Some trade or other names:
4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA.
(2) 2,5-dimethoxyamphetamine--Some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA.
(3) 4-methoxyamphetamine--Some trade or other names:
4-methoxy-alpha-methylphenethylamine, paramethoxyamphetamine, PMA.
(4) 5-methoxy-3,4-methylenedioxy-amphetamine.
(5) 4-methyl-2,5-dimethoxy-amphetamine--Some trade or other names:
4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"; and "STP."

(6) 3,4-methylenedioxy amphetamine.
(7) 3,4,5-trimethoxy amphetamine.
(8) Bufotenine--Some trade or other names: 3-
(beta-dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5
indolol; N,N-dimethylserolonin, 5-hydroxy-N,N-dimethyltryptamine;
mappine.
(9) Diethyltryptamine--Some trade or other names:
N,N-Diethyltryptamine; DET.
(10) Dimethyltryptamine--Some trade or other names: DMT.
(11) Ibogaine--Some trade or other names: 7-Ethyl-6,6beta,
7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1',2':1,2]
azepino [5,4-b] indole; Tabernantheiboga.
(12) Lysergic acid diethylamide.
(13) Marijuana.
(14) Mescaline.
(15) Peyote--Meaning all parts of the plant presently classified
botanically as Lophophora williamsii Lemaire, whether growing or not,
the seeds thereof, any extract from any part of the plant, and every
compound, manufacture, salts, derivative, mixture, or preparation of
the plant, its seeds or extracts (interprets 21 U.S.C. Sec. 812(c),
Schedule 1(c)(12)).
(16) N-ethyl-3-piperidyl benzilate.
(17) N-methyl-3-piperidyl benzilate.
(18) Psilocybin.
(19) Psilocyn.
(20) Tetrahydrocannabinols. Synthetic
tetrahydrocannabinols not derived from cannabis plants. Synthetic
equivalents of the substances contained in the plant, or in the
resinous extractives of Cannabis, sp. and/or
or synthetic substances, derivatives, and their isomers with
similar chemical structure and pharmacological activity such as the
following: delta 1 cis or trans tetrahydrocannabinol, and their
optical isomers; delta 6 cis or trans tetrahydrocannabinol, and their
optical isomers; delta 3,4 cis or trans tetrahydrocannabinol, and
its optical isomers.
(Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of numerical
designation of atomic positions covered).
(21) Ethylamine analog of phencyclidine--Some trade or other
names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE.
(22) Pyrrolidine analog of phencyclidine--Some trade or other
names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCP, PHP.
(23) Thiophene analog of phencyclidine--Some trade or other names:
1-[1-(2 thienyl)-cyclohexyl]-piperidine, 2-thienyl analog of
phencyclidine, TPCP, TCP.
(e) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a
depressant effect on the central nervous system, including its salts,
isomers, and salts of isomers whenever the existence of those salts,
isomers, and salts of isomers is possible within the specific
chemical designation:
(1) Mecloqualone.
(2) Methaqualone.
(3) Gamma hydroxybutyric acid (also known by other names such as
GHB; gamma hydroxy butyrate; 4-hydroxybutyrate; 4-hydroxybutanoic
acid; sodium oxybate; sodium oxybutyrate), including its immediate
precursors, isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, including, but not limited to,
gammabutyrolactone, for which an application has not been approved
under Section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. Sec. 355).
(f) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its isomers:
(1) Cocaine base.
(2) Fenethylline, including its salts.
(3) N-Ethylamphetamine, including its salts.

SEC. 8. Article 6 (commencing with Section 11310) is added to
Chapter 5 of Division 10 of the Health and Safety Code, to read:

Article 6. Marijuana

11310. For purposes of this article, "marijuana" and "cannabis"
are interchangeable terms that mean all parts of the plant Cannabis
sativa L., whether growing or not; the resin extracted from any part
of the plant; concentrated cannabis; edible products containing the
above; and every active compound, manufacture, derivative, or
preparation of the plant or resin.
11310.1. (a) It is lawful and not a violation of California law
for a person 21 years of age or older to personally possess, process,
share, or transport not more than 16 ounces of marijuana solely for
the individual's consumption and not for resale.
(b) Possession of more than 16 ounces of marijuana, except as
authorized by paragraph (iii) of subdivision (a) of Section 11300 or
another applicable law, is a violation of this article.
11310.2. (a) It is lawful and not a violation of California law
to sell at retail in licensed premises, as provided in Chapter 19
(commencing with Section 26000) of Division 9 of the Business and
Professions Code, not more than one ounce of marijuana per marijuana
transaction to a person 21 years of age or older.
(b) Any sale of marijuana inconsistent with subdivision (a) or by
a person not licensed as required after the date determined by
Section 26070 of the Business and Professions Code is a violation of
this article. This subdivision shall not preclude prosecution or
enforcement pursuant to regulations adopted pursuant to Chapter 19
(commencing with Section 26000) of Division 9 of the Business and
Professions Code, Section 11361, or any other applicable law.
11310.3. (a) It is lawful and not a violation of California law
for a person 21 years of age or older to smoke or ingest marijuana in
a residence or other nonpublic place, or on licensed premises open
to the public that are licensed pursuant Chapter 19 (commencing with
Section 26000) of Division 9 of the Business and Professions Code.
(b) It is a violation of this article to smoke marijuana in a
public place.
11310.4. It is lawful and not a violation of California law,
except as provided in subdivision (f) of Section 647 of the Penal
Code, or Section 11729, for a person 21 years of age or older to be
under the influence of marijuana.
11310.5. It is unlawful for a person not licensed pursuant to
Chapter 19 (commencing with Section 26000) of Division 9 of the
Business and Professions Code to cultivate marijuana, except in
compliance with the following requirements:
(a) Marijuana may be cultivated only by persons 21 years of age or
older.
(b) Marijuana may be cultivated and possessed in compliance with
Section 11300.
(c) A licensed nursery may cultivate seedlings for sale to persons
21 years of age or older, but shall destroy any seedling if it has
not been purchased by a consumer before it reaches maturity.
(d) Except for the sale of seedlings by a licensed nursery,
marijuana cultivated pursuant to this section may not be sold.
(e) For the purposes of this article, "seedling" means a marijuana
plant with no observable flowers or buds.
11310.6. (a) Unlawful cultivation of marijuana is a violation of
this article.
(b) Providing or selling marijuana to, or purchasing or
cultivating marijuana for, a person under 21 years of age is a
violation of this article. However, this article is not intended to
preclude prosecution under Section 11361, Section 272 of the Penal
Code, or any other applicable provision.
(c) Selling, providing, or transporting marijuana, or possessing
marijuana with the intent to sell, provide, or transport that
marijuana, into a state in which the receiving, purchasing, or
possessing of marijuana would violate that state's laws is a
violation of this article.
(d) Possession or use of marijuana by a person under 21 years of
age is a violation of this article.
11310.7. Violations of this article shall be penalized as
follows:
(a) A violation of subdivision (b) of Section 11310.1 is an
infraction punishable by a fine not exceeding one hundred dollars
($100).
(b) A violation of subdivision (b) of Section 11310.2 is a
misdemeanor.
(c) A violation of subdivision (b) of Section 11310.3 is an
infraction punishable by a fine not exceeding one hundred dollars
($100).
(d) A violation of subdivision (a) of Section 11310.6 is a
misdemeanor punishable by imprisonment in a county jail not exceeding
10 days.
(e) A violation of subdivision (b) of Section 11310.6 is an
infraction punishable by a fine not exceeding one hundred dollars
($100).
(f) A violation of subdivision (c) of Section 11310.6 is a felony.

(g) A violation of subdivision (d) of Section 11310.6 is an
infraction punishable by a fine not exceeding one hundred dollars
($100).
11310.8. Notwithstanding any other law, it is lawful and not a
violation of California law to possess, transport, or sell the mature
stalks of the plant Cannabis sativa L., fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of
the mature stalks (except the resin extracted therefrom, which is
regulated as marijuana), fiber, oil, or cake, or the sterilized seed
of the plant that is incapable of germination.
11310.9. State or local funds shall not be expended on, and state
or local law enforcement or other personnel shall not assist in, the
enforcement of any federal or other laws that are inconsistent with
this article, or provide for greater sanctions than those in state
law for conduct prohibited by this article.
11311. This article shall not be construed to affect or limit any
criminal statute that forbids impairment while engaging in dangerous
activities like driving, or that penalizes bringing marijuana to a
school enrolling pupils in kindergarten or any of grades 1 to 12,
inclusive.
11311.1. This article shall not be construed to affect the rights
of employers concerning employees who use marijuana.
11311.2. This article shall not apply to the medical use of
marijuana which is regulated by Section 11362.5 and Article 2.5
(commencing with Section 11362.7).

SEC. 9. Section 11357 of the Health and Safety Code is amended to
read:
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)
11357. (a) Except as
authorized by law, every person 18 years of age or over who possesses
marijuana or concentrated cannabis upon the grounds of, or within,
any school providing instruction in kindergarten or any of grades 1
to 12, inclusive, 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.
(b) Except as authorized by law, every person under
the age of 18 18 years of age who
possesses not more than 28.5 grams of marijuana, other than
marijuana or 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.

SEC. 10. Section 11358 of the Health and Safety Code is repealed.

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.

SEC. 11. Section 11359 of the Health and Safety Code is amended to
read:
11359. Every Except as authorized by law,
every person who sells or possesses for sale any
marijuana , except as otherwise provided by law, shall be
punished by imprisonment in the state prison is guilty
of a misdemeanor punishable by a fine not to exceed five thousand
dollars ($5,000), or imprisonment not exceeding one year in a county
jail, or both the fine and imprisonment. The court shall
order that any fines assessed be deposited in the Drug Abuse
Prevention Supplemental Funding Account .

SEC. 12. Section 11360 of the Health and Safety Code is repealed.

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.

SEC. 13. Section 11364.5 of the Health and Safety Code is amended
to read:
11364.5. (a) Except as authorized by law, no person shall
maintain or operate any place of business in which drug paraphernalia
is kept, displayed or offered in any manner, sold, furnished,
transferred or given away unless such drug paraphernalia is
completely and wholly kept, displayed or offered within a separate
room or enclosure to which persons under the age of 18 years not
accompanied by a parent or legal guardian are excluded. Each entrance
to such a room or enclosure shall be signposted in reasonably
visible and legible words to the effect that drug paraphernalia is
kept, displayed or offered in such room or enclosure and that minors,
unless accompanied by a parent or legal guardian, are excluded.
(b) Except as authorized by law, no owner, manager, proprietor or
other person in charge of any room or enclosure, within any place of
business, in which drug paraphernalia is kept, displayed or offered
in any manner, sold, furnished, transferred or given away shall
permit or allow any person under the age of 18 years to enter, be in,
remain in or visit such room or enclosure unless such minor person
is accompanied by one of his or her parents or by his or her legal
guardian.
(c) Unless authorized by law, no person under the age of 18 years
shall enter, be in, remain in or visit any room or enclosure in any
place of business in which drug paraphernalia is kept, displayed or
offered in any manner, sold, furnished, transferred or given away
unless accompanied by one of his or her parents or by his or her
legal guardian.
(d) As used in this section, "drug paraphernalia" means all
equipment, products, and materials of any kind which are intended for
use or designed for use, in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting, ingesting,
inhaling, or otherwise introducing into the human body a controlled
substance. "Drug paraphernalia" includes, but is not limited to, all
of the following:
(1) Kits intended for use or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled
substance can be derived.
(2) Kits intended for use or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing
controlled substances.
(3) Isomerization devices intended for use or designed for use in
increasing the potency of any species of plant which is a controlled
substance.
(4) Testing equipment intended for use or designed for use in
identifying, or in analyzing the strength, effectiveness or purity of
controlled substances.
(5) Scales and balances intended for use or designed for use in
weighing or measuring controlled substances.
(6) Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose, and lactose, intended for use or
designed for use in cutting controlled substances.
(7) Separation gins and sifters intended for use or designed for
use in removing twigs and seeds from, or in otherwise cleaning or
refining, marijuana.
(8)
(7) Blenders, bowls, containers, spoons, and mixing
devices intended for use or designed for use in compounding
controlled substances.
(9)
(8) Capsules, balloons, envelopes, and other containers
intended for use or designed for use in packaging small quantities
of controlled substances.
(10)
(9) Containers and other objects intended for use or
designed for use in storing or concealing controlled substances.

(11)
(10) Hypodermic syringes, needles, and other objects
intended for use or designed for use in parenterally injecting
controlled substances into the human body.
(12)
(11) Objects intended for use or designed for use in
ingesting, inhaling, or otherwise introducing marijuana,
cocaine, hashish, or hashish oil cocaine into
the human body, such as the following:
(A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes with or without screens, permanent screens, hashish heads, or
punctured metal bowls.
(B) Water pipes.
(C) Carburetion tubes and devices.
(D) Smoking and carburetion masks.
(E) Roach clips, meaning objects used to hold burning
material, such as a marijuana cigarette material
that has become too small or too short to be held in the hand.
(F) Miniature cocaine spoons, and cocaine vials.
(G) Chamber pipes.
(H) Carburetor pipes.
(I) Electric pipes.
(J) Air-driven pipes.
(K) Chillums.
(L) Bongs.
(M) Ice pipes or chillers.
(e) In determining whether an object is drug paraphernalia, a
court or other authority may consider, in addition to all other
logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object
concerning its use.
(2) Prior convictions, if any, of an owner, or of anyone in
control of the object, under any state or federal law relating to any
controlled substance.
(3) Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons whom
he or she knows, or should reasonably know, intend to use the object
to facilitate a violation of this section. The innocence of an owner,
or of anyone in control of the object, as to a direct violation of
this section shall not prevent a finding that the object is intended
for use, or designed for use, as drug paraphernalia.
(4) Instructions, oral or written, provided with the object
concerning its use.
(5) Descriptive materials, accompanying the object which explain
or depict its use.
(6) National and local advertising concerning its use.
(7) The manner in which the object is displayed for sale.
(8) Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products
or marijuana products .
(9) The existence and scope of legitimate uses for the object in
the community.
(10) Expert testimony concerning its use.
(f) This section shall not apply to any of the following:
(1) Any pharmacist or other
authorized person who sells or furnishes drug paraphernalia described
in paragraph (11) of subdivision (d) upon the prescription of a
physician, dentist, podiatrist or veterinarian.
(2) Any physician, dentist, podiatrist or veterinarian who
furnishes or prescribes drug paraphernalia described in paragraph
(11) of subdivision (d) to his or her patients.
(3) Any manufacturer, wholesaler or retailer licensed by the
California State Board of Pharmacy to sell or transfer drug
paraphernalia described in paragraph (11) of subdivision (d).
(g) Notwithstanding any other provision of law, including Section
11374, violation of this section shall not constitute a criminal
offense, but operation of a business in violation of the provisions
of this section shall be grounds for revocation or nonrenewal of any
license, permit, or other entitlement previously issued by a city,
county, or city and county for the privilege of engaging in such
business and shall be grounds for denial of any future license,
permit, or other entitlement authorizing the conduct of such business
or any other business, if the business includes the sale of drug
paraphernalia.
SEC. 14. Section 11370 of the Health and Safety Code is amended to
read:
11370. (a) Any person convicted of violating Section 11350,
11351, 11351.5, 11352, 11353, 11355, 11357, 11359, 11360,
11361, 11363, 11366, or 11368, or of committing any offense
referred to in those sections, shall not, in any case, be granted
probation by the trial court or have the execution of the sentence
imposed upon him or her suspended by the court, if he or she has been
previously convicted of any offense described in subdivision (c).
(b) Any person who was 18 years of age or over at the time of the
commission of the offense and is convicted for the first time of
selling, furnishing, administering, or giving a controlled substance
which is (1) specified in subdivision (b), (c), (e), or paragraph (1)
of subdivision (f) of Section 11054, specified in paragraph (14),
(15), or (20) of subdivision (d) of Section 11054, or specified in
subdivision (b) or (c) of Section 11055, or (2) which is a narcotic
drug classified in Schedule III, IV, or V, to a minor or inducing a
minor to use such a controlled substance in violation of law shall
not, in any case, be granted probation by the trial court or have the
execution of the sentence imposed upon him or her suspended by the
court.
(c) Any previous conviction of any of the following offenses, or
of an offense under the laws of another state or of the United States
which, if committed in this state, would have been punishable as
such an offense, shall render a person ineligible for probation or
suspension of sentence pursuant to subdivision (a) of this section:
(1) Any felony offense described in this division involving a
controlled substance specified in subdivision (b), (c), (e), or
paragraph (1) of subdivision (f) of Section 11054, specified in
paragraph (13), (14), (15), or (20) of subdivision
(d) of Section 11054, or specified in subdivision (b) or (c) of
Section 11055.
(2) Any felony offense described in this division involving a
narcotic drug classified in Schedule III, IV, or V.
(d) The existence of any previous conviction or fact which would
make a person ineligible for suspension of sentence or probation
under this section shall be alleged in the information or indictment,
and either admitted by the defendant in open court, or found to be
true by the jury trying the issue of guilt or by the court where
guilt is established by a plea of guilty or nolo contendere or by
trial by the court sitting without a jury.
SEC. 15. Section 11470 of the Health and Safety Code is amended to
read:
11470. The following are subject to forfeiture:
(a) All controlled substances which have been manufactured,
distributed, dispensed, or acquired in violation of this division.
(b) All raw materials, products, and equipment of any kind which
are used, or intended for use, in manufacturing, compounding,
processing, delivering, importing, or exporting any controlled
substance in violation of this division.
(c) All property except real property or a boat, airplane, or any
vehicle which is used, or intended for use, as a container for
property described in subdivision (a) or (b).
(d) All books, records, and research products and materials,
including formulas, microfilm, tapes, and data which are used, or
intended for use, in violation of this division.
(e) The interest of any registered owner of a boat, airplane, or
any vehicle other than an implement of husbandry, as defined in
Section 36000 of the Vehicle Code, which has been used as an
instrument to facilitate the manufacture of, or possession for sale
or sale of 14.25 grams or more of heroin or cocaine base as specified
in paragraph (1) of subdivision (f) of Section 11054, or a substance
containing 14.25 grams or more of heroin or cocaine base as
specified in paragraph (1) of subdivision (f) of Section 11054, or
14.25 grams or more of a substance containing heroin or cocaine base
as specified in paragraph (1) of subdivision (f) of Section 11054, or
28.5 grams or more of Schedule I controlled substances except
marijuana, peyote , or
psilocybin; 10 pounds dry weight or more of marijuana,
peyote , or psilocybin; or 28.5 grams or
more of cocaine, as specified in paragraph (6) of subdivision (b) of
Section 11055, or methamphetamine; or a substance containing 28.5
grams or more of cocaine, as specified in paragraph (6) of
subdivision (b) of Section 11055, or methamphetamine; or 57 grams or
more of a substance containing cocaine, as specified in paragraph (6)
of subdivision (b) of Section 11055, or methamphetamine; or 28.5
grams or more of Schedule II controlled substances. No interest in a
vehicle which may be lawfully driven on the highway with a class C,
class M1, or class M2 license, as prescribed in Section 12804 of the
Vehicle Code, may be forfeited under this subdivision if there is a
community property interest in the vehicle by a person other than the
defendant and the vehicle is the sole class C, class M1, or class M2
vehicle available to the defendant's immediate family.
(f) All moneys, negotiable instruments, securities, or other
things of value furnished or intended to be furnished by any person
in exchange for a controlled substance, all proceeds traceable to
such an exchange, and all moneys, negotiable instruments, or
securities used or intended to be used to facilitate any violation of
Section 11351, 11351.5, 11352, 11355, 11359, 11360,
11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11382, or
11383 of this code, or Section 182 of the Penal Code, or a felony
violation of Section 11366.8 of this code, insofar as the offense
involves manufacture, sale, possession for sale, offer for sale, or
offer to manufacture, or conspiracy to commit at least one of those
offenses, if the exchange, violation, or other conduct which is the
basis for the forfeiture occurred within five years of the seizure of
the property, or the filing of a petition under this chapter, or the
issuance of an order of forfeiture of the property, whichever comes
first.
(g) The real property of any property owner who is convicted of
violating Section 11366, 11366.5, or 11366.6 with respect to that
property. However, property which is used as a family residence or
for other lawful purposes, or which is owned by two or more persons,
one of whom had no knowledge of its unlawful use, shall not be
subject to forfeiture.
(h) Subject to the requirements of Section 11488.5 and except as
further limited by this subdivision to protect innocent parties who
claim a property interest acquired from a defendant, all right,
title, and interest in any personal property described in this
section shall vest in the state upon commission of the act giving
rise to forfeiture under this chapter, if the state or local
governmental entity proves a violation of Section 11351, 11351.5,
11352, 11355, 11359, 11360, 11378, 11378.5, 11379,
11379.5, 11379.6, 11380, 11382, or 11383 of this code, or Section
182 of the Penal Code, or a felony violation of Section 11366.8 of
this code, insofar as the offense involves the manufacture, sale,
possession for sale, offer for sale, offer to manufacture, or
conspiracy to commit at least one of those offenses, in accordance
with the burden of proof set forth in paragraph (1) of subdivision
(i) of Section 11488.4 or, in the case of cash or negotiable
instruments in excess of twenty-five thousand dollars ($25,000),
paragraph (4) of subdivision (i) of Section 11488.4.
The operation of the special vesting rule established by this
subdivision shall be limited to circumstances where its application
will not defeat the claim of any person, including a bona fide
purchaser or encumbrancer who, pursuant to Section 11488.5, 11488.6,
or 11489, claims an interest in the property seized, notwithstanding
that the interest in the property being claimed was acquired from a
defendant whose property interest would otherwise have been subject
to divestment pursuant to this subdivision.
SEC. 16. Section 11485 of the Health and Safety Code is repealed.

11485. Any peace officer of this state who, incident to a search
under a search warrant issued for a violation of Section 11358 with
respect to which no prosecution of a defendant results, seizes
personal property suspected of being used in the planting,
cultivation, harvesting, drying, processing, or transporting of
marijuana, shall, if the seized personal property is not being held
for evidence or destroyed as contraband, and if the owner of the
property is unknown or has not claimed the property, provide notice
regarding the seizure and manner of reclamation of the property to
any owner or tenant of real property on which the property was
seized. In addition, this notice shall be posted at the location of
seizure and shall be published at least once in a newspaper of
general circulation in the county in which the property was seized.
If, after 90 days following the first publication of the notice, no
owner appears and proves his or her ownership, the seized personal
property shall be deemed to be abandoned and may be disposed of by
sale to the public at public auction as set forth in Article 1
(commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of
Division 3 of the Civil Code, or may be disposed of by transfer to a
government agency or community service organization. Any profit from
the sale or transfer of the property shall be expended for
investigative services with respect to crimes involving marijuana.

SEC. 17. Section 11488 of the Health and Safety Code is amended to
read:
11488. (a) Any peace officer of this state, subsequent to making
or attempting to make an arrest for a violation of Section 11351,
11351.5, 11352, 11355, 11359, 11360, 11378,
11378.5, 11379, 11379.5, 11379.6, or 11382 of this code, or Section
182 of the Penal Code insofar as the offense involves manufacture,
sale, purchase for the purpose of sale, possession for sale or offer
to manufacture or sell, or conspiracy to commit one of those
offenses, may seize any item subject to forfeiture under subdivisions
(a) to (f), inclusive, of Section 11470. The peace officer shall
also notify the Franchise Tax Board of a seizure where there is
reasonable cause to believe that the value of the seized property
exceeds five thousand dollars ($5,000).
(b) Receipts for property seized pursuant to this section shall
be delivered to any person out of whose possession such property was
seized, in accordance with Section 1412 of the Penal Code. In the
event property seized was not seized out of anyone's possession,
receipt for the property shall be delivered to the individual in
possession of the premises at which the property was seized.
(c) There shall be a presumption affecting the burden of proof
that the person to whom a receipt for property was issued is the
owner thereof. This presumption may, however, be rebutted at the
forfeiture hearing specified in Section 11488.5.
SEC. 18. Section 11532 of the Health and Safety Code is amended to
read:
11532. (a) It is unlawful for any person to loiter in any public
place in a manner and under circumstances manifesting the purpose
and with the intent to commit an offense specified in Chapter 6
(commencing with Section 11350) and Chapter 6.5 (commencing with
Section 11400).
(b) Among circumstances that may be considered in determining
whether a person has the requisite intent to engage in drug-related
activity are that the person:
(1) Acts as a "look-out."
(2) Transfers small objects or packages for currency in a furtive
fashion.
(3) Tries to conceal himself or herself or any object that
reasonably could be involved in an unlawful drug-related activity.
(4) Uses signals or language indicative of summoning purchasers
of illegal drugs.
(5) Repeatedly beckons to, stops, attempts to stop, or engages in
conversations with passersby, whether on foot or in a motor vehicle,
indicative of summoning purchasers of illegal drugs.
(6) Repeatedly passes to or receives from passersby, whether on
foot or in a motor vehicle, money or small objects.
(7) Is under the influence of a controlled substance or possesses
narcotic or drug paraphernalia. For the purposes of this paragraph,
"narcotic or drug paraphernalia" means any device, contrivance,
instrument, or apparatus designed or marketed for the use of smoking,
injecting, ingesting, or consuming marijuana, hashish,
PCP , or any controlled substance,
including, but not limited to, roach clips, cigarette papers, and
rollers designed or marketed for use in smoking a controlled
substance.
(8) Has been convicted in any court within this state, within
five years prior to the arrest under this chapter, of any violation
involving the use, possession, or sale of any of the substances
referred to in Chapter 6 (commencing with Section 11350) or Chapter
6.5 (commencing with Section 11400), or has been convicted of any
violation of those provisions or substantially similar laws of any
political subdivision of this state or of any other state.
(9) Is currently subject to any order prohibiting his or her
presence in any high drug activity geographic area.
(10) Has engaged, within six months prior to the date of arrest
under this section, in any behavior described in this subdivision,
with the exception of paragraph (8), or in any other behavior
indicative of illegal drug-related activity.
(c) The list of circumstances set forth in subdivision (b) is not
exclusive. The circumstances set forth in subdivision (b) should be
considered particularly salient if they occur in an area that is
known for unlawful drug use and trafficking, or if they occur on or
in premises that have been reported to law enforcement as a place
suspected of unlawful drug activity. Any other relevant circumstances
may be considered in determining whether a person has the requisite
intent. Moreover, no one circumstance or combination of circumstances
is in itself determinative of intent. Intent must be determined
based on an evaluation of the particular circumstances of each case.
SEC. 19. Section 11703 of the Health and Safety Code is amended to
read:
11703. As used in this division:
(a) "Marketing of illegal controlled substances" means the
possession for sale, sale, or distribution of a specified illegal
controlled substance, and shall include all aspects of making such a
controlled substance available, including, but not limited to, its
manufacture.
(b) "Individual user of an illegal controlled substance" means the
individual whose use of a specified illegal controlled substance is
the basis of an action brought under this division.
(c) "Level 1 offense" means the possession for sale of less than
four ounces or the sale or furnishing of less than one ounce of a
specified illegal controlled substance, or the cultivation
of at least 25 plants but less than 50 plants, the furnishing of more
than 28.5 grams, or the possession for sale or sale of up to four
pounds, of marijuana substance .
(d) "Level 2 offense" means the possession for sale of four ounces
or more but less than eight ounces of, or the sale or furnishing of
one ounce or more but less than two ounces of, a specified illegal
controlled substance, or the cultivation of at least 50 but
less than 75 plants, the possession for sale of four pounds or more
but less than eight pounds, or the sale or furnishing of more than
one pound but less than five pounds, of marijuana
substance .
(e) "Level 3 offense" means the possession for sale of eight
ounces or more but less than 16 ounces of, or the sale or furnishing
of two ounces or more but less than four ounces of, a specified
illegal controlled substance, or the cultivation of at least
75 but less than 100 plants, the possession for sale of eight pounds
or more but less than 16 pounds, or the sale or furnishing of more
than five pounds but less than 10 pounds, of marijuana
substance .
(f) "Level 4 offense" means the possession for sale of 16 ounces
or more of, or the sale or furnishing of four ounces or more of, a
specified illegal controlled substance, or the cultivation
of 100 plants or more of, the possession for sale of 16 pounds of, or
the sale or furnishing of more than 10 pounds of, marijuana
substance .
(g) "Participate in the marketing of illegal controlled substances"
means to transport, import into this state, sell, possess with
intent to sell, furnish, administer, or give away, or offer to
transport, import into this state, sell, furnish, administer, or give
away a specified illegal controlled substance. "Participate in the
marketing of illegal controlled substances" shall include the
manufacturing of an illegal controlled substance, but shall not
include the purchase or receipt of an illegal controlled substance
for personal use only.
(h) "Person" means an individual, governmental entity,
corporation, firm, trust, partnership, or incorporated or
unincorporated association, existing under or authorized by the laws
of this state, another state, or a foreign country.
(i) "Period of illegal use" means, in relation to the individual
user of an illegal controlled substance, the time of the individual's
first illegal use of an illegal controlled substance to the accrual
of the cause of action.
(j) "Place of illegal activity" means, in relation to the
individual user of an illegal controlled substance, each county in
which the individual illegally possesses or uses an illegal
controlled substance during the period of the individual's use of an
illegal controlled substance.
(k) "Place of participation" means, in relation to a defendant in
an action brought under this division, each county in which the
person participates in the marketing of illegal controlled substances
during the period of the person's participation in the marketing of
illegal controlled substances.
(l) "Specified illegal controlled substance" means cocaine,
phencyclidine, heroin, or methamphetamine and any other illegal
controlled substance the manufacture, cultivation, importation into
this state, transportation, possession for sale, sale, furnishing,
administering, or giving away of which is a violation of Section
11351, 11351.5, 11352, 11358, 11359, 11360,
11378.5, 11379.5, or 11383.
SEC. 20. Section 11705 of the Health and Safety Code is amended to
read:
11705. (a) Any one or more of the following persons may bring an
action for damages caused by an individual's use of an illegal
controlled substance:
(1) A parent, legal guardian, child, spouse, or sibling of the
individual controlled substance user.
(2) An individual who was exposed to an illegal controlled
substance in utero.
(3) An employer of the individual user of an illegal controlled
substance.
(4) A medical facility, insurer, employer, or other
nongovernmental entity that funds a drug treatment program or
employee assistance program for the individual user of an illegal
controlled substance or that otherwise expended money on behalf of
the individual user of an illegal controlled substance. No public
agency other than a public agency medical facility shall have a cause
of action under this division.
(5) A person injured as a result of the willful, reckless, or
negligent actions of an individual user of an illegal controlled
substance.
(b) A person entitled to bring an action under this section may
seek damages from one or more of the following:
(1) A person who sold, administered, or furnished an illegal
controlled substance to the individual user of the illegal controlled
substance.
(2) A person who knowingly participated in the marketing of
illegal controlled substances, if all of the following apply:
(A) The place of illegal activity by the individual user of an
illegal controlled substance is within the city, city and county, or
unincorporated area of the county in which the defendant's place of
participation is situated.
(B) The defendant's participation in the marketing of illegal
controlled substances was connected with the same type of specified
illegal controlled substance used by the individual user of an
illegal controlled substance, and the defendant has been convicted of
an offense for that type of specified illegal controlled substance.
(C) The defendant participated in the marketing of illegal
controlled substances at any time during the period the individual
user of an illegal controlled substance illegally used the controlled
substance.
(D) The underlying offense for the conviction of the specified
illegal controlled substance occurred in the same county as the
individual user's place of use.
(c) As used in subdivision (b), knowingly
"knowingly participated in the marketing of illegal controlled
substances" means a conviction for transporting, importing into this
state, selling, possessing with intent to sell, furnishing,
administering, or giving away, or offering to transport, import into
this state, sell, furnish, administer, or give away a specified
illegal controlled substance or a quantity of marijuana
specified in subdivision (e), (f), (g),
(c), (d), (e), or (h) (f) of
Section 11703, which are separate in time.
(d) A person entitled to bring an action under this section may
recover all of the following damages:
(1) Economic damages, including, but not limited to, the cost of
treatment and rehabilitation, medical expenses, loss of economic or
educational potential, loss of productivity, absenteeism, support
expenses, accidents or injury, and any other pecuniary loss
proximately caused by the use of an illegal controlled substance.
(2) Noneconomic damages, including, but not limited to, physical
and emotional pain, suffering, physical impairment, emotional
distress, medical anguish, disfigurement, loss of enjoyment, loss of
companionship, services and consortium, and other nonpecuniary losses
proximately caused by an individual's use of an illegal controlled
substance.
(3) Exemplary damages.
(4) Reasonable attorney fees.
(5) Costs of suit, including, but not limited to, reasonable
expenses for expert testimony.
SEC. 21. Part 14.6 (commencing with Section 34001) is added to
Division 2 of the Revenue and Taxation Code, to read:

PART 14.6. MARIJUANA FEES

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

34001. It is the intent of the people in enacting this part to
discourage drug use and to raise revenue for drug education and drug
awareness programs by enacting a supplemental fee on marijuana.
34002. This part shall be known and may be cited as the Marijuana
Supplemental Fee Law.
34003. Except where the context otherwise requires, the
definitions set forth in Part 1 (commencing with Section 6001) shall
govern the construction of this part.
34004. For purposes of this part:
(a) "Marijuana" includes all marijuana, concentrated cannabis, and
their derivatives, except that marijuana containing less than
one-half of 1 percent tetrahydrocannabinol by weight is not subject
to this supplemental fee. However, no fee shall be imposed under this
part on marijuana used medicinally with a physician's recommendation
as specified in Section 11362.5 of the Health and Safety Code.
(b) "Retailer" means any retailer licensed pursuant to Section
23394.1 of the Business and Professions Code that sells marijuana at
retail.
CHAPTER 2. IMPOSITION OF FEE

34011. Until a different fee is determined pursuant to Section
34032 there is hereby imposed a fee of fifty dollars ($50) per ounce
(avoirdupois) for the sale of marijuana sold at retail in this state
on or after the date determined by Section 25406 of the Business and
Professions Code.
CHAPTER 3. COLLECTION AND ADMINISTRATION

34021. To the extent feasible or practicable, the provisions of
Chapter 5 (commencing with Section 6451), Chapter 6 (commencing with
Section 6701), Chapter 7 (commencing with Section 6901), and Chapter
8 (commencing with Section 7051) of Part 1 shall govern returns and
payments, determinations, collections of fees, overpayments and
refunds, and administration under this part.
34022. The board shall enforce this part and may prescribe,
adopt, and enforce rules and regulations relating to the
administration and enforcement of this part. The board may prescribe
the extent to which any ruling or regulation shall be applied without
retroactive effect.
CHAPTER 4. DISPOSITION OF PROCEEDS AND ADJUSTMENT OF THE FEE

34031. Any amount required to be paid to the state under this
part shall be paid to the board in the form of a remittance payable
to the State Board of Equalization. The board shall transmit the
payments to the Treasurer to be deposited in the Drug Abuse
Prevention Supplemental Funding Account, which is hereby created in
the General Fund. Upon appropriation by the Legislature, the moneys
in the fund shall be expended exclusively for drug education,
awareness, and rehabilitation programs under the jurisdiction of the
State Department of Alcohol and Drug Programs, or any successor to
that agency.

34032. The fee imposed pursuant to Chapter 2 (commencing with
Section 34011) shall be annually reviewed by the State Department of
Alcohol and Drug Programs, or any successor to that agency, to
determine whether a fee less than that specified in Chapter 2
(commencing with Section 34011) will provide sufficient resources to
support its drug education, awareness, and rehabilitation programs.
Based on this annual review, the State Department of Alcohol and Drug
Programs shall adjust that fee to an amount not to exceed fifty
dollars ($50) per ounce (avoirdupois) of marijuana that is necessary
to fund its drug education, awareness, and rehabilitation programs,
and that amount shall be collected in place of the fee specified in
Chapter 2 (commencing with Section 34011).
SEC. 22. Section 23222 of the Vehicle Code is amended to read:
23222. (a) No person shall have in his or her possession on his
or her person, while driving a motor vehicle upon a highway or on
lands, as described in subdivision (b) of Section 23220, any bottle,
can, or other receptacle, containing any alcoholic beverage which has
been opened, or a seal broken, or the contents of which have been
partially removed.
(b) Except as authorized by law, every person who possesses, while
driving a motor vehicle upon a highway or on lands, as described in
subdivision (b) of Section 23220, not more than
one 16 avoirdupois ounce
ounces of marijuana, other than
concentrated cannabis as defined by Section 11006.5 of the Health and
Safety Code, or who ingests any amount of marijuana
while driving a motor vehicle upon a highway or on lands, as
described in subdivision (b) of Section 23220, or who possesses any
amount of marijuana while driving in a motor vehicle upon a highway
or on lands that is not contained in a locked compartment or other
locked container is guilty of a misdemeanor
an infraction and shall be punished by a fine of not more
than one hundred dollars ($100). This subdivision shall not
preclude prosecution pursuant to any other provision of law that
applies to the impaired operation of a motor vehicle or other
dangerous conduct. Notwithstanding any other provision of law,
if the 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, Sections 1000.1 and 1000.2 of the Penal Code are applicable
to the person, and the court shall divert and refer the person 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 the person. If the
person is so diverted and referred, the person is not 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, the person shall be released by the
arresting officer upon presentation of satisfactory evidence of
identity and giving his or her written promise to appear in court, as
provided in Section 40500, and shall not be subjected to booking.
SEC. 23. Section 40000.15 of the Vehicle Code is amended to read:
40000.15. A violation of any of the following provisions shall
constitute a misdemeanor, and not an infraction:
Subdivision (g), (j), (k), (l), or (m) of Section 22658, relating
to unlawfully towed or stored vehicles.
Sections 23103 and 23104, relating to reckless driving.
Section 23109, relating to speed contests or exhibitions.
Subdivision (a) of Section 23110, relating to throwing at
vehicles.
Section 23152, relating to driving under the influence.
Subdivision (b) of Section 23222, relating to possession of
marijuana.
Subdivision (a) or (b) of Section 23224, relating to persons under
21 years of age knowingly driving, or being a passenger in, a motor
vehicle carrying any alcoholic beverage.
Section 23253, relating to directions on toll highways or
vehicular crossings.
Section 23332, relating to trespassing.
Section 24002.5, relating to unlawful operation of a farm vehicle.

Section 24011.3, relating to vehicle bumper strength notices.
Section 27150.1, relating to sale of exhaust systems.
Section 27362, relating to child passenger seat restraints.
Section 28050, relating to true mileage driven.
Section 28050.5, relating to nonfunctional odometers.
Section 28051, relating to resetting odometers.
Section 28051.5, relating to devices to reset odometers.
Subdivision (d) of Section 28150, relating to possessing four or
more jamming devices.
SEC. 24. Section 18901.3 of the Welfare and Institutions Code is
amended to read:
18901.3. (a) Subject to the limitations of subdivision (b),
pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). A
convicted drug felon shall be eligible to receive food stamps under
this section.
(b) Subdivision (a) does not apply to a person who has been
convicted of unlawfully transporting, importing into this state,
selling, furnishing, administering, giving away, possessing for sale,
purchasing for purposes of sale, manufacturing a controlled
substance, possessing precursors with the intent to manufacture a
controlled substance, or cultivating, harvesting, or
processing marijuana or any part thereof pursuant to Section 11358 of
the Health and Safety Code substance .
(c) Subdivision (a) does not apply to a person who has been
convicted of unlawfully soliciting, inducing, encouraging, or
intimidating a minor to participate in any activity listed in
subdivision (b).
(d) As a condition of eligibility to receive food stamps pursuant
to subdivision (a), an applicant convicted of a felony drug offense
that is not excluded under subdivision (b) or (c) shall be required
to provide proof of one of the following subsequent to the most
recent drug-related conviction:
(1) Completion of a government-recognized drug treatment program.
(2) Participation in a government-recognized drug treatment
program.
(3) Enrollment in a government-recognized drug treatment program.
(4) Placement on a waiting list for a government-recognized drug
treatment program.
(5) Other evidence that the illegal use of controlled substances
has ceased, as established by State Department of Social Services
regulations.
(e) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement this section
through an all-county letter or similar instructions from the
director no later than January 1, 2005.
(f) The department shall adopt regulations as otherwise necessary
to implement this section no later than July 1, 2005. Emergency
regulations adopted for implementation of this section may be adopted
by the director in accordance with the Administrative Procedure Act.
The adoption of emergency regulations shall be deemed to be an
emergency and necessary for immediate preservation of the public
peace, health and safety, or general welfare. The emergency
regulations shall be exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and shall remain in effect for no
more than 180 days.
SEC. 25. The provisions of this act are severable. If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
SEC. 26. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 27. This act shall become operative only if Proposition 19 is
adopted at the November 2, 2010, statewide general election.

~Zen~ · Oct 11, 2010

Why is the vote not private Boogabah asks...

My answer is that I don't mind folks knowing how I vote.

In fact the more people that know I voted the better!!!

What's wrong with expressing your opinion one way or another?

This is not an actual VOTE in a polling station protected by privacy laws, this is a social forum, right?

deleted · Oct 11, 2010

my scroll wheel caught fire.. . ill put it to good use though..

Marijuana has always been for the rich an wealthy..long they have money,. They could careless if its legal or not. But they would prefer it to be illegal, in order for the rich to stay HIGH and mighty, cant let the peasants getting high and mighty/

you cant control healthy people.. you can however control the sick and disabled.....

Poor people cant afford food and medicine...........

'do note>: I just filled this script..
So the doctor ok gave me: 6 atavans and 30 toradols..
=$40.00.... The doctors bill alone was $240.00 government doctor. While im covered for this, most people are not..

the reality of this visit., $280.00 for what exactly?.........
For some 1/2 asses medication?

I also would like to say the morons that are around here, I had asked them attend the medical marijuana meeting with Cyril Wecht. Help sign petitions.. (im not signing my name to that, they will come and arrest me) Ok you dont sign it they will come and arrest you!!! how about that!1

alot of these dumbfuckers use marijuana as entertainment/ and they have no clue about the medical value marijuana has../they have never even seen medical marijuana., they are also cross addictions with these people, they use other drugs when marijuana isnt available.. /if they cant drink alcohol, they can find narcotics, If I walked around with a video camera I could show you least 150 crackdealers that are not afraid to ask anyone/ even undercovers "yo you wanna buy some crack?".. There hasnt been a drop in crack addicts in this town at all..
Corner gas stations have already started selling K2- Spice blends.. wtf!!!

It would be a great idea to rob them at gun point, cause their doing this illegally anyways. What you going to do call the police and say someone robbed you of your fake marijuana,?...... Id love to see how that would be handled.. ,, no dont want the cash, or the gas just give me all the fake weed and there will be no problems.. LOL..

PB_Smith · Oct 11, 2010

If it passes, this needs some refining;

11311.1. This article shall not be construed to affect the rights
of employers concerning employees who use marijuana.

If legalized pre-employment screening for marijuana should be stopped and that should be spelled out in the law.

It should be treated the same as alcohol and only be a consideration by an employer if ;
1 The employee shows up for work obviously under the influence
2 If it becomes apparent that chronic abuse is impacting job performance

The big issue is that drug screening tells nothing concerning when a person last used marijuana, that has been a major contention all along, and I see it becoming even more relevant if marijuana is legalized.

I have worked with alcohol drinkers who could not function after a night of drinking, as well as marijuana users who were relatively unaffected, in regards to job performance, after a night of pot smoking.
Yet give them both a piss test, and you know who is going to lose thier job.
This is something that has to be reconsidered seriously by the state and employers if it is legalized.

skip · Oct 11, 2010

It looks like you'll be able to possess up to 16 ounces, a pound, and transport it too! That's a nice figure. Relatively fair too for recreational use.

I mean how much can you smoke at one time?

Wiseman · Oct 11, 2010

I thought I read somewhere that you were only permitted to posses up to an ounce?

Scorpio Kenny · Oct 12, 2010

Pot should be legal, period. No debate.

You as an adult free person should have free choice.

I don't care which delusional person thinks that they are going to corner the market.

skip · Oct 12, 2010

11310.1. (a) It is lawful and not a violation of California law
for a person 21 years of age or older to personally possess, process,
share, or transport not more than 16 ounces of marijuana solely for
the individual's consumption and not for resale.
Click to expand...

This supercedes the initiative, allowing more for personal possession and transport.

I think Prop 19 allows 16 ozs at home, but only one ounce outside the home.

Also note the word "SHARE" in there! That is a very important word here, cause otherwise just passing a joint could be considered "selling". It also means you can give some to your friends without violating the law or requiring a sales permit (which costs $5,000!)

What is so cool about this one subsection is that NOWHERE ELSE ON EARTH is there a law that allows someone to grow, possess, process and share cannabis legally for recreational use.

This is truly a first!

Wiseman · Oct 12, 2010

Ah, cool. Thanks for clearing that up

Fingers crossed that the bill makes it through. The way I see it, once it does, and it takes effect, most other states will follow suit within five to ten years once they see the kind of economic impact that the law has.

I'm praying that's the case, at least.

skip · Oct 12, 2010

I seriously believe the Feds will not let Prop 19 or this law stand if they get passed.

Then it will become a state rights issue, but the Feds will prevail because they still have cannabis listed as a dangerous drug and can blame the drug war for requiring it to be illegal everywhere.

We can all imagine how much MORE pot will leave Cali to other states once anyone can grow legally. Already there are tons leaving every month (if not every day!). This will be one of the Fed arguments for keeping it illegal and invalidating Prop 19.

And I bet if we force the issue with Obama, he won't lift a finger, esp. since he may run again for pres.

But consider this, in all polls by Obama's website and the Republican website the #1 issue voters want is LEGAL CANNABIS. And both websites refused to even LIST that as the #1 issue, much less come out in support of it.

It's just more proof that this country is not being run for the benefit of the people, only the benefit of special interests...

But you gotta give Richard Lee a lot of credit for financing Prop 19. See folks, all it takes is MONEY and you can buy LAWS in this country!

Wiseman · Oct 12, 2010

Yes. It's absolutely absurd that something that is being requested & demanded by so many people of the country is just being brushed aside by a whole group of ignorant politicians. Personally, I would absolutely vote for a politician because he acted on what he thought was morally correct, rather than because he voted that he did because he knew it'd give him votes in the next election.

I remember wanting to puke after I watched the town hall video where someone asked Obama about legalizing cannabis and he just laughed about it and blew it off as some stupid thing.

Washington needs to wake up. With the rate that this country is going, change needs to become one of our main areas of focus, not just some campaign slogan.

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