Drug policy of California
Encyclopedia
Drug policy of California refers to the policy on various classes and kinds of drugs in the U.S. state
of California
. Cannabis
possession
has been decriminalized
, but its cultivation and sale remain criminal offenses, along with the possession, sale, and manufacture of harder drugs such as methamphetamine
and cocaine
.
is legal for adults 21 and over in the State of California to possess, purchase, and consume. Sale of alcohol is regulated and a license
must be granted by county authorities before a store
, bar
, or restaurant
may sell alcohol.
Driving a motor vehicle
while intoxicated on alcohol is a misdemeanor
which carries a penalty of up to one year in the county jail. Subsequent offenses may be charged as a felony
under certain circumstances. Public intoxication
on alcohol is a misdemeanor under state law and also under most municipal ordinances. In practice driving a motor vehicle while intoxicated will result in probation
for first offenses, along with hefty fines, alcohol education, community service
, and probation. Subsequent offenses usually result in a small amount of jail time along with probation. Public intoxication on alcohol is often not prosecuted and the offender is released after sobering up in jail. Sometimes, depending on criminal history, those convicted of public intoxication may serve very small jail sentences.
, methamphetamine
and dimethylamphetamine
are Schedule 2 on the California Uniform Controlled Substances Act, which is part of the California Health and Safety Code
. Methamphetamine is illegal for possession under Health and Safety Code 11377. Methamphetamines are illegal for possession for sale under Health and Safety Code 11378. In practice those without prior criminal histories convicted of HS 11377 will be granted PC1000, Proposition 36
, or felony probation. Those convicted of HS 11378, possession of amphetamines for sale, may receive anything from probation up to 4 years in prison. Harsher sentences are given for those convicted of manufacturing amphetamines such as methamphetamine
.
, as well as its derivative tetrahydrocannabinol
are Schedule 1 on the California Uniform Controlled Substances Act. The first cannabis prohibition
laws in California were passed in 1913. In the 1972 California November elections an initiative titled Proposition 19, which would have legalized cannabis, was on the ballot. It failed to pass, with 66.5% voters voting "No" and 33.5% voting "Yes." In 1976 the passage of the Moscone Act changed small-scale possession of marijuana from a felony to a misdemeanor.
On November 5, 1996, 56% of voters approved Proposition 215
(also known as the Compassionate Use Act of 1996), taking effect the following day and removing state-level criminal penalties on the use, possession, and cultivation of marijuana by patients that "would benefit from medical marijuana" and possess a "written or oral recommendation" from their physician. Conditions typically covered by the law include arthritis
, cachexia
, cancer
, chronic pain
, HIV
or AIDS
, epilepsy
, migraine
s, and multiple sclerosis
. Initially, there existed no set limits regarding the amount of marijuana patients could possess or cultivate. California Senate Bill 420, also known as the Medical Marijuana Program Act, was signed into law in October 2003 and took effect on January 1, 2004, establishing the amount of medicinal marijuana patients and/or their caregivers may grow and possess. The bill allowed for no more than 8 ounces of dried marijuana and/or 6 mature (or 12 immature) plants, unless larger quantities were recommended by a physician. Senate Bill 420 also required the California Department of State Health Services to establish a voluntary patient registry and issue identification cards to patients, though no such registry has been established to date.
In February 2009, Tom Ammiano
introduced the Marijuana Control, Regulation, and Education Act
, the first bill attempting to legalize the sale and use of marijuana in California. If passed and signed into law, marijuana would be sold and taxed openly to adults age 21 and older in a manner similar to alcohol.
In September 2010, then Governor Arnold Schwarzenegger
signed SB 1449 into law, which reduced possession of under 1 ounce of cannabis from a misdemeanor to a civil infraction
. The law went into effect January 1, 2011.
In 2010, Proposition 19
, titled the "Regulate, Control, and Tax Cannabis Act of 2010", qualified for the November California ballot
. It failed to pass. If it had passed, the initiative would have legalized the recreational use of cannabis and its related activities in the State of California. It would have also allowed local governments to regulate and tax the newly created cannabis market.
, crack cocaine
, coca leaves and all other forms of cocaine are Schedule 2 on the California Uniform Controlled Substances Act. Cocaine is illegal to possess under California Health and Safety Code 11350. Possession under HS 11350 can be prosecuted as a misdemeanor or felony with up to 3 years in prison. Possession for sale is illegal under Health and Safety Code 11351. Penalties for possession for sale is 2, 3, or 4 years in the state prison. Health and Safety Code 11352 pertains to sale/trafficking with increased penalties. In practice, those charged with cocaine possession will in most cases be given an opportunity to plead guilty
and receive no jail time under PC 1000, Prop 36, or felony supervised probation. People with prior records and especially those with prior drug possession records will often be given small jails terms such as 30, 90, or 180 days, along with felony probation. Those convicted of possession for sale HS 11351 or sale/trafficking under 11352 will often serve from 1 year in county jail, or 18-month sentence in the state prison based upon the quantities and extent of their drug dealing if it is their first offense. Those conviction of selling cocaine with prior related offenses may serve up to 4 years in the state prison. Various enhancements do exist in the California Code for dealing cocaine which may result in very long prison terms, such as selling to a minor
, or being in possession for sale or selling multiple kilogram quantities of the drug.
Raw opium
, opium poppy
and straw, as well as its derivatives morphine
, oxycodone
, hydrocodone
and codeine
are Schedule 2 on the California Uniform Controlled Substances Act.
is Schedule 3 on the California Uniform Controlled Substances Act. Ketamine is illegal under Health and Safety Code 11377 HS. It is a misdemeanor to possess and punishment includes 6 months in jail and up a $1,000 fine. Those charged with ketamine possession will in most cases be given an opportunity to plead guilty and receive no jail time under PC 1000, Prop 36, or felony supervised probation. People with prior records and especially those with prior drug possession records will often be given small jails terms such as 30, 90, or 180 days, along with felony probation. Ketamine is illegal to possess with intent to sell or actual sale under Health and Safety Code 11379.2 HS. The charge can be a misdemeanor or a felony. Those convicted of this offense as a misdemeanor, you face up to one-year in a county jail and a maximum $1,000 fine. If you are convicted of this offense as a felony, you face 16 months, or two or three years in the California state prison and a maximum $10,000 fine.
such as tobacco
, cigarettes, cigars and chewing tobacco
are legal for adults 21 and over to possess, purchase, and consume. Sale of tobacco and nicotine-containing products is regulated and a license must be granted by the state before a store may sell tobacco and nicotine-containing products.
Since January 1, 1995, smoking has been banned in all enclosed workplaces in California, including restaurants and bars (bars were excluded until January 1, 1998), exempting only the following areas: workplaces with five or fewer employees (as long as all workers consent and persons under 18 are prohibited from the smoking area), 65% of the guest rooms of hotels/motels, lobby areas of hotels/motels designated for smoking (not to exceed 25% of the total lobby floor area or, if the lobby area is 2000 square feet (185.8 m²) or less, not to exceed 50% of the total lobby floor area), meeting and banquet rooms except while food or beverage functions are taking place (including set-up, service, and clean-up activities or when the room is being used for exhibit activities), retail or wholesale tobacco shops and private smokers lounges (i.e. cigar bars), truck cabs/tractors if no nonsmoking employees are present, non-office warehouse facilities with more than 10000 square feet (929 m²) of total floor space and 20 or fewer full-time employees working at the facility, theatrical production sites if smoking is an integral part of the story, medical research or treatment sites if smoking is integral to the research or treatment being conducted, private residences except homes licensed as family day care homes during the hours of operation and in those areas where children are present, patient smoking areas in long-term health care facilities, and employee breakrooms designated for smoking. Effective January 1, 2004, California bill AB846 bans smoking within 20 feet (6.1 m) of the entrance or operable window of a public building ("public building" means a building owned and occupied, or leased and occupied, by the state, a county, a city, a city and county, or a California Community College district.) The law also prohibits smoking in state owned vehicles. Additionally, effective January 1, 2008, smoking in a moving vehicle while in the presence of a minor (18 years or younger) is an infraction; the charge is not serious enough to be pulled over, and only can be cited along with a stricter offense, such as a moving violation or traffic accident. Local jurisdictions may regulate smoking more strictly than the state. Many California communities have established smoke-free registries for private residential apartment
buildings, which range from complexes where smoking is entirely prohibited (whether inside private dwellings or outside) to those where certain sections of dwellings may be designated as smoking dwellings. Most California cities allow landlords to regulate smoking at will.
and its metabolized counterpart psilocin
are Schedule 1 on the California Uniform Controlled Substances Act. Mushrooms containing psilocybin and psilocin, as well as psilocybin mushroom
spores are illegal to possess, import, buy, sell, trade, or give away if intended to be cultivated. Growing psilocybin-containing mushrooms from spores is considered manufacturing a controlled substance
.
and its derivatives, including its active compound mescaline
are Schedule 1 on the California Uniform Controlled Substances Act. Dimethyltryptamine
(DMT), 4-methyl-2,5-dimethoxyamphetamine (DOM/STP), gamma-hydroxybutyric acid
(GHB), bufotenin
(toad venom) and ibogaine
are Schedule 1 on the California Uniform Controlled Substances Act.
Phencyclidine
(PCP) is Schedule 2 on the California Uniform Controlled Substances Act. PCP is illegal for possession under Health and Safety Code 11377. PCP is illegal for possession for sale under Health and Safety Code 11378.
Anabolic steroids, including testosterone
and human chorionic gonadotropin
are Schedule 3 on the California Uniform Controlled Substances Act.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
. Cannabis
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
possession
Drug possession
Drug possession is the crime of having one or more illegal drugs in one's possession, either for personal use, distribution, sale or otherwise. Illegal drugs fall into different categories and sentences vary depending on the amount, type of drug, circumstances, and jurisdiction.A person has...
has been decriminalized
Decriminalization
Decriminalization or Decriminalisation is the abolition of criminal penalties in relation to certain acts, perhaps retroactively, though perhaps regulated permits or fines might still apply . The reverse process is criminalization.Decriminalization reflects changing social and moral views...
, but its cultivation and sale remain criminal offenses, along with the possession, sale, and manufacture of harder drugs such as methamphetamine
Methamphetamine
Methamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
and cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
.
Alcohol
AlcoholAlcohol
In chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
is legal for adults 21 and over in the State of California to possess, purchase, and consume. Sale of alcohol is regulated and a license
Liquor license
-Alberta:In Alberta, liquor licences are issued by the Alberta Gaming and Liquor Commission.-United Kingdom:Throughout the United Kingdom, the sale of alcohol is restricted—pubs, restaurants, shops and other premises must be licensed by the local authority. The individual responsible for the...
must be granted by county authorities before a store
Store
Store may refer to:*a retail store*a place where things are stored, e.g. a ship's paint store*expendables released from an aircraft, such as ordnance or countermeasures*Štore, a town and a municipality in eastern Slovenia...
, bar
Bar (establishment)
A bar is a business establishment that serves alcoholic drinks — beer, wine, liquor, and cocktails — for consumption on the premises.Bars provide stools or chairs that are placed at tables or counters for their patrons. Some bars have entertainment on a stage, such as a live band, comedians, go-go...
, or restaurant
Restaurant
A restaurant is an establishment which prepares and serves food and drink to customers in return for money. Meals are generally served and eaten on premises, but many restaurants also offer take-out and food delivery services...
may sell alcohol.
Driving a motor vehicle
Motor vehicle
A motor vehicle or road vehicle is a self-propelled wheeled vehicle that does not operate on rails, such as trains or trolleys. The vehicle propulsion is provided by an engine or motor, usually by an internal combustion engine, or an electric motor, or some combination of the two, such as hybrid...
while intoxicated on alcohol is a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
which carries a penalty of up to one year in the county jail. Subsequent offenses may be charged as a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
under certain circumstances. Public intoxication
Public intoxication
Public intoxication, also known as "drunk and disorderly", is a summary offense in many countries rated to public cases or displays of drunkenness...
on alcohol is a misdemeanor under state law and also under most municipal ordinances. In practice driving a motor vehicle while intoxicated will result in probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
for first offenses, along with hefty fines, alcohol education, community service
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
, and probation. Subsequent offenses usually result in a small amount of jail time along with probation. Public intoxication on alcohol is often not prosecuted and the offender is released after sobering up in jail. Sometimes, depending on criminal history, those convicted of public intoxication may serve very small jail sentences.
Amphetamines
AmphetamineAmphetamine
Amphetamine or amfetamine is a psychostimulant drug of the phenethylamine class which produces increased wakefulness and focus in association with decreased fatigue and appetite.Brand names of medications that contain, or metabolize into, amphetamine include Adderall, Dexedrine, Dextrostat,...
, methamphetamine
Methamphetamine
Methamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
and dimethylamphetamine
Dimethylamphetamine
Dimethylamphetamine , also referred to as dimetamfetamine and N,N-dimethylamphetamine, is a stimulant drug of the phenethylamine and amphetamine chemical classes. Dimethylamphetamine has weaker stimulant effects than amphetamine or methamphetamine and is considerably less addictive and less...
are Schedule 2 on the California Uniform Controlled Substances Act, which is part of the California Health and Safety Code
California Health and Safety Code
California Law consists of 29 codes, covering various subject areas, the State Constitution and Statutes. The California Health and Safety Code is the code covering the subject areas of health and safety.-External links:...
. Methamphetamine is illegal for possession under Health and Safety Code 11377. Methamphetamines are illegal for possession for sale under Health and Safety Code 11378. In practice those without prior criminal histories convicted of HS 11377 will be granted PC1000, Proposition 36
California Proposition 36 (2000)
California Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, was an initiative statute that permanently changed state law to allow qualifying defendants convicted of non-violent drug possession offenses to receive a probationary sentence in lieu of incarceration...
, or felony probation. Those convicted of HS 11378, possession of amphetamines for sale, may receive anything from probation up to 4 years in prison. Harsher sentences are given for those convicted of manufacturing amphetamines such as methamphetamine
Methamphetamine
Methamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...
.
Cannabis
All forms and preparations of cannabisCannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
, as well as its derivative tetrahydrocannabinol
Tetrahydrocannabinol
Tetrahydrocannabinol , also known as delta-9-tetrahydrocannabinol , Δ1-THC , or dronabinol, is the main chemical psychoactive substance found in the cannabis plant. It was first isolated in 1964. In pure form, it is a glassy solid when cold, and becomes viscous and sticky if warmed...
are Schedule 1 on the California Uniform Controlled Substances Act. The first cannabis prohibition
Prohibition
Prohibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
laws in California were passed in 1913. In the 1972 California November elections an initiative titled Proposition 19, which would have legalized cannabis, was on the ballot. It failed to pass, with 66.5% voters voting "No" and 33.5% voting "Yes." In 1976 the passage of the Moscone Act changed small-scale possession of marijuana from a felony to a misdemeanor.
On November 5, 1996, 56% of voters approved Proposition 215
California Proposition 215 (1996)
Proposition 215, or the Compassionate Use Act of 1996, is a California law concerning the use of medical cannabis. It was enacted, on November 5, 1996, by means of the initiative process, and passed with 5,382,915 votes in favor and 4,301,960 against.The proposition was a state-wide voter...
(also known as the Compassionate Use Act of 1996), taking effect the following day and removing state-level criminal penalties on the use, possession, and cultivation of marijuana by patients that "would benefit from medical marijuana" and possess a "written or oral recommendation" from their physician. Conditions typically covered by the law include arthritis
Arthritis
Arthritis is a form of joint disorder that involves inflammation of one or more joints....
, cachexia
Cachexia
Cachexia or wasting syndrome is loss of weight, muscle atrophy, fatigue, weakness, and significant loss of appetite in someone who is not actively trying to lose weight...
, cancer
Cancer
Cancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...
, chronic pain
Chronic pain
Chronic pain has several different meanings in medicine. Traditionally, the distinction between acute and chronic pain has relied upon an arbitrary interval of time from onset; the two most commonly used markers being 3 months and 6 months since the initiation of pain, though some theorists and...
, HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
or AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
, epilepsy
Epilepsy
Epilepsy is a common chronic neurological disorder characterized by seizures. These seizures are transient signs and/or symptoms of abnormal, excessive or hypersynchronous neuronal activity in the brain.About 50 million people worldwide have epilepsy, and nearly two out of every three new cases...
, migraine
Migraine
Migraine is a chronic neurological disorder characterized by moderate to severe headaches, and nausea...
s, and multiple sclerosis
Multiple sclerosis
Multiple sclerosis is an inflammatory disease in which the fatty myelin sheaths around the axons of the brain and spinal cord are damaged, leading to demyelination and scarring as well as a broad spectrum of signs and symptoms...
. Initially, there existed no set limits regarding the amount of marijuana patients could possess or cultivate. California Senate Bill 420, also known as the Medical Marijuana Program Act, was signed into law in October 2003 and took effect on January 1, 2004, establishing the amount of medicinal marijuana patients and/or their caregivers may grow and possess. The bill allowed for no more than 8 ounces of dried marijuana and/or 6 mature (or 12 immature) plants, unless larger quantities were recommended by a physician. Senate Bill 420 also required the California Department of State Health Services to establish a voluntary patient registry and issue identification cards to patients, though no such registry has been established to date.
In February 2009, Tom Ammiano
Tom Ammiano
Tom Ammiano is an American politician and LGBT rights activist from San Francisco, California. Ammiano is a Democrat who has served as a member of the California State Assembly since 2008, representing the 13th district...
introduced the Marijuana Control, Regulation, and Education Act
Marijuana Control, Regulation, and Education Act
The Marijuana Control, Regulation, and Education Act, also known as California Assembly Bill 390 and later Assembly Bill 2254 , is the first bill ever introduced to regulate the sale and use of marijuana in the U.S. state of California...
, the first bill attempting to legalize the sale and use of marijuana in California. If passed and signed into law, marijuana would be sold and taxed openly to adults age 21 and older in a manner similar to alcohol.
In September 2010, then Governor Arnold Schwarzenegger
Arnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
signed SB 1449 into law, which reduced possession of under 1 ounce of cannabis from a misdemeanor to a civil infraction
Civil Infraction
In common law countries, a civil infraction is a non-criminal violation of a rule, ordinance, or regulation.-United States law:A civil infraction is violation of the law less serious than a misdemeanor, and which usually does not attach certain indiviual rights such as a jury trial.-Punishments for...
. The law went into effect January 1, 2011.
In 2010, Proposition 19
California Proposition 19 (2010)
California Proposition 19 was a ballot initiative on the November 2, 2010 statewide ballot...
, titled the "Regulate, Control, and Tax Cannabis Act of 2010", qualified for the November California ballot
California state elections, November 2010
The California state elections, November 2010 were held on November 2, 2010.On a year marked by a strong Republican wave nationwide, the State of California elected Democrats to the state's top offices of Governor, Lieutenant Governor, State Controller, State Treasurer, Superintendent of Public...
. It failed to pass. If it had passed, the initiative would have legalized the recreational use of cannabis and its related activities in the State of California. It would have also allowed local governments to regulate and tax the newly created cannabis market.
Cocaine/Crack
CocaineCocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
, crack cocaine
Crack cocaine
Crack cocaine is the freebase form of cocaine that can be smoked. It may also be termed rock, hard, iron, cavvy, base, or just crack; it is the most addictive form of cocaine. Crack rocks offer a short but intense high to smokers...
, coca leaves and all other forms of cocaine are Schedule 2 on the California Uniform Controlled Substances Act. Cocaine is illegal to possess under California Health and Safety Code 11350. Possession under HS 11350 can be prosecuted as a misdemeanor or felony with up to 3 years in prison. Possession for sale is illegal under Health and Safety Code 11351. Penalties for possession for sale is 2, 3, or 4 years in the state prison. Health and Safety Code 11352 pertains to sale/trafficking with increased penalties. In practice, those charged with cocaine possession will in most cases be given an opportunity to plead guilty
Guilty
Guilty commonly refers to the feeling of guilt, an experience that occurs when a person believes that they have violated a moral standard.Guilty or The Guilty may also refer to:-Law:*Guilty plea, a formal admission of legal culpability...
and receive no jail time under PC 1000, Prop 36, or felony supervised probation. People with prior records and especially those with prior drug possession records will often be given small jails terms such as 30, 90, or 180 days, along with felony probation. Those convicted of possession for sale HS 11351 or sale/trafficking under 11352 will often serve from 1 year in county jail, or 18-month sentence in the state prison based upon the quantities and extent of their drug dealing if it is their first offense. Those conviction of selling cocaine with prior related offenses may serve up to 4 years in the state prison. Various enhancements do exist in the California Code for dealing cocaine which may result in very long prison terms, such as selling to a minor
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
, or being in possession for sale or selling multiple kilogram quantities of the drug.
Heroin and other opiates
Heroin is Schedule 1 on the California Uniform Controlled Substances Act. Heroin is illegal to possess under California Health and Safety Code 11350. Possession under HS 11350 can be prosecuted as a misdemeanor or felony with up to 3 years in prison. Possession for sale is illegal under Health and Safety Code 11351. Penalties for possession for sale is 2, 3, or 4 years in the state prison. Health and Safety Code 11352 pertains to sale/trafficking with increased penalties. Those convicted of possession for sale HS 11351 or sale/trafficking under 11352 will often serve from 1 year in county jail, or 18-month sentence in the state prison based upon the quantities and extent of their drug dealing if it is their first offense. Those conviction of selling cocaine with prior related offenses may serve up to 4 years in the state prison.Raw opium
Opium
Opium is the dried latex obtained from the opium poppy . Opium contains up to 12% morphine, an alkaloid, which is frequently processed chemically to produce heroin for the illegal drug trade. The latex also includes codeine and non-narcotic alkaloids such as papaverine, thebaine and noscapine...
, opium poppy
Opium poppy
Opium poppy, Papaver somniferum, is the species of plant from which opium and poppy seeds are extracted. Opium is the source of many opiates, including morphine , thebaine, codeine, papaverine, and noscapine...
and straw, as well as its derivatives morphine
Morphine
Morphine is a potent opiate analgesic medication and is considered to be the prototypical opioid. It was first isolated in 1804 by Friedrich Sertürner, first distributed by same in 1817, and first commercially sold by Merck in 1827, which at the time was a single small chemists' shop. It was more...
, oxycodone
Oxycodone
Oxycodone is an opioid analgesic medication synthesized from opium-derived thebaine. It was developed in 1916 in Germany, as one of several new semi-synthetic opioids in an attempt to improve on the existing opioids: morphine, diacetylmorphine , and codeine.Oxycodone oral medications are generally...
, hydrocodone
Hydrocodone
Hydrocodone or dihydrocodeinone is a semi-synthetic opioid derived from either of two naturally occurring opiates: codeine and thebaine. It is an orally active narcotic analgesic and antitussive...
and codeine
Codeine
Codeine or 3-methylmorphine is an opiate used for its analgesic, antitussive, and antidiarrheal properties...
are Schedule 2 on the California Uniform Controlled Substances Act.
Ketamine
KetamineKetamine
Ketamine is a drug used in human and veterinary medicine. Its hydrochloride salt is sold as Ketanest, Ketaset, and Ketalar. Pharmacologically, ketamine is classified as an NMDA receptor antagonist...
is Schedule 3 on the California Uniform Controlled Substances Act. Ketamine is illegal under Health and Safety Code 11377 HS. It is a misdemeanor to possess and punishment includes 6 months in jail and up a $1,000 fine. Those charged with ketamine possession will in most cases be given an opportunity to plead guilty and receive no jail time under PC 1000, Prop 36, or felony supervised probation. People with prior records and especially those with prior drug possession records will often be given small jails terms such as 30, 90, or 180 days, along with felony probation. Ketamine is illegal to possess with intent to sell or actual sale under Health and Safety Code 11379.2 HS. The charge can be a misdemeanor or a felony. Those convicted of this offense as a misdemeanor, you face up to one-year in a county jail and a maximum $1,000 fine. If you are convicted of this offense as a felony, you face 16 months, or two or three years in the California state prison and a maximum $10,000 fine.
LSD
Lysergic acid diethylamide (LSD) is Schedule 1 on the California Uniform Controlled Substances Act. LSD is illegal for possession under Health and Safety Code 11377. LSD is illegal for possession for sale under Health and Safety Code 11378.MDMA (ecstasy)
3,4-Methylenedioxymethamphetamine (MDMA) is Schedule 1 on the California Uniform Controlled Substances Act. MDMA is illegal for possession under Health and Safety Code 11377. MDMA is illegal for possession for sale under Health and Safety Code 11378. In practice those without prior criminal histories convicted of HS 11377 will be granted PC1000, Prop 36, or felony probation. Those convicted of HS 11378, possession of MDMA for sale, may receive anything from probation up to 4 years in prison.Nicotine and tobacco products
Products containing nicotineNicotine
Nicotine is an alkaloid found in the nightshade family of plants that constitutes approximately 0.6–3.0% of the dry weight of tobacco, with biosynthesis taking place in the roots and accumulation occurring in the leaves...
such as tobacco
Tobacco
Tobacco is an agricultural product processed from the leaves of plants in the genus Nicotiana. It can be consumed, used as a pesticide and, in the form of nicotine tartrate, used in some medicines...
, cigarettes, cigars and chewing tobacco
Chewing tobacco
Chewing tobacco Chewing tobacco Chewing tobacco (also known colloquially as hoobastank, backy, tobac, doogooos,Hogleg, chewpoos, chits, chewsky, chawsky, dip, flab, chowers, guy, or a wad, as well as referred to as dipsky, snuff, a pinch, a yopper, a Packing a bomb, a tobbackey or packing a...
are legal for adults 21 and over to possess, purchase, and consume. Sale of tobacco and nicotine-containing products is regulated and a license must be granted by the state before a store may sell tobacco and nicotine-containing products.
Since January 1, 1995, smoking has been banned in all enclosed workplaces in California, including restaurants and bars (bars were excluded until January 1, 1998), exempting only the following areas: workplaces with five or fewer employees (as long as all workers consent and persons under 18 are prohibited from the smoking area), 65% of the guest rooms of hotels/motels, lobby areas of hotels/motels designated for smoking (not to exceed 25% of the total lobby floor area or, if the lobby area is 2000 square feet (185.8 m²) or less, not to exceed 50% of the total lobby floor area), meeting and banquet rooms except while food or beverage functions are taking place (including set-up, service, and clean-up activities or when the room is being used for exhibit activities), retail or wholesale tobacco shops and private smokers lounges (i.e. cigar bars), truck cabs/tractors if no nonsmoking employees are present, non-office warehouse facilities with more than 10000 square feet (929 m²) of total floor space and 20 or fewer full-time employees working at the facility, theatrical production sites if smoking is an integral part of the story, medical research or treatment sites if smoking is integral to the research or treatment being conducted, private residences except homes licensed as family day care homes during the hours of operation and in those areas where children are present, patient smoking areas in long-term health care facilities, and employee breakrooms designated for smoking. Effective January 1, 2004, California bill AB846 bans smoking within 20 feet (6.1 m) of the entrance or operable window of a public building ("public building" means a building owned and occupied, or leased and occupied, by the state, a county, a city, a city and county, or a California Community College district.) The law also prohibits smoking in state owned vehicles. Additionally, effective January 1, 2008, smoking in a moving vehicle while in the presence of a minor (18 years or younger) is an infraction; the charge is not serious enough to be pulled over, and only can be cited along with a stricter offense, such as a moving violation or traffic accident. Local jurisdictions may regulate smoking more strictly than the state. Many California communities have established smoke-free registries for private residential apartment
Apartment
An apartment or flat is a self-contained housing unit that occupies only part of a building...
buildings, which range from complexes where smoking is entirely prohibited (whether inside private dwellings or outside) to those where certain sections of dwellings may be designated as smoking dwellings. Most California cities allow landlords to regulate smoking at will.
Psilocybin (mushrooms)
PsilocybinPsilocybin
Psilocybin is a naturally occurring psychedelic prodrug, with mind-altering effects similar to those of LSD and mescaline, after it is converted to psilocin. The effects can include altered thinking processes, perceptual distortions, an altered sense of time, and spiritual experiences, as well as...
and its metabolized counterpart psilocin
Psilocin
Psilocin , an aromatic compound, sometimes also spelled psilocine, psilocyn, or psilotsin, is a psychedelic mushroom alkaloid. It is found in most psychedelic mushrooms together with its phosphorylated counterpart psilocybin...
are Schedule 1 on the California Uniform Controlled Substances Act. Mushrooms containing psilocybin and psilocin, as well as psilocybin mushroom
Psilocybin mushroom
Psilocybin mushrooms are fungi that contain the psychoactive compounds psilocybin and psilocin. There are multiple colloquial terms for psilocybin mushrooms, the most common being shrooms or magic mushrooms....
spores are illegal to possess, import, buy, sell, trade, or give away if intended to be cultivated. Growing psilocybin-containing mushrooms from spores is considered manufacturing a controlled substance
Controlled substance
A controlled substance is generally a drug or chemical whose manufacture, possession, or use are regulated by a government. This may include illegal drugs and prescription medications ....
.
Other drugs
All forms of peyotePeyote
Lophophora williamsii , better known by its common name Peyote , is a small, spineless cactus with psychoactive alkaloids, particularly mescaline.It is native to southwestern Texas and Mexico...
and its derivatives, including its active compound mescaline
Mescaline
Mescaline or 3,4,5-trimethoxyphenethylamine is a naturally occurring psychedelic alkaloid of the phenethylamine class used mainly as an entheogen....
are Schedule 1 on the California Uniform Controlled Substances Act. Dimethyltryptamine
Dimethyltryptamine
N,N-Dimethyltryptamine is a naturally occurring psychedelic compound of the tryptamine family. DMT is found in several plants, and also in trace amounts in humans and other mammals, where it is originally derived from the essential amino acid tryptophan, and ultimately produced by the enzyme INMT...
(DMT), 4-methyl-2,5-dimethoxyamphetamine (DOM/STP), gamma-hydroxybutyric acid
Gamma-Hydroxybutyric acid
γ-Hydroxybutyric acid , also known as 4-hydroxybutanoic acid and sodium oxybate when used for medicinal purposes, is a naturally occurring substance found in the central nervous system, wine, beef, small citrus fruits, and almost all animals in small amounts. It is also categorized as an illegal...
(GHB), bufotenin
Bufotenin
Bufotenin , or 5-hydroxy-dimethyltryptamine , is a tryptamine related to the neurotransmitter serotonin...
(toad venom) and ibogaine
Ibogaine
Ibogaine is a naturally occurring psychoactive substance found in a number of plants, principally in a member of the Apocynaceae family known as Iboga . A hallucinogen with both psychedelic and dissociative properties, the substance is banned in some countries; in other countries it is being used...
are Schedule 1 on the California Uniform Controlled Substances Act.
Phencyclidine
Phencyclidine
Phencyclidine , commonly initialized as PCP and known colloquially as angel dust, is a recreational dissociative drug...
(PCP) is Schedule 2 on the California Uniform Controlled Substances Act. PCP is illegal for possession under Health and Safety Code 11377. PCP is illegal for possession for sale under Health and Safety Code 11378.
Anabolic steroids, including testosterone
Testosterone
Testosterone is a steroid hormone from the androgen group and is found in mammals, reptiles, birds, and other vertebrates. In mammals, testosterone is primarily secreted in the testes of males and the ovaries of females, although small amounts are also secreted by the adrenal glands...
and human chorionic gonadotropin
Human chorionic gonadotropin
Human chorionic gonadotropin or human chorionic gonadotrophin is a glycoprotein hormone produced during pregnancy that is made by the developing embryo after conception and later by the syncytiotrophoblast .. Some tumors make this hormone; measured elevated levels when the patient is not...
are Schedule 3 on the California Uniform Controlled Substances Act.