20250AB__083798AMD INTRODUCED 2025-02-19 AMENDED_ASSEMBLY 2025-03-27 2025 AB AMD Introduced by Assembly Member Davies LEAD_AUTHOR ASSEMBLY Davies

An act to amend

Section 11379.2 of the Health and Safety Code, relating to controlled substances. controlled substances Ketamine. Existing law, the California Uniform Controlled Substances Act, categorizes controlled substances into designated schedules, places the greatest restrictions on those substances contained in

Schedule I, and generally places the least restrictive limitations on controlled substances classified in

Schedule V. Existing law categorizes ketamine as a

Schedule III controlled substance. Existing law makes it a crime to transport, import, sell, furnish, administer, or give away, including to offer or attempt to transport, import, sell, furnish, administer, or give away, specified controlled substances. Existing law makes a violation of that provision punishable by imprisonment in the county jail for 3, 4, or years, except as specified. Existing law, with a specified exception, makes it a crime to possess for sale or sell ketamine.

Existing law makes a violation of that provision punishable by imprisonment in the county jail for a period of not more than one year or in the state prison. This bill would add ketamine to the list of substances for which it is a crime to transport, import, sell, furnish, administer, or give away. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.</xhtml:p><xhtml:p>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.</xhtml:p><xhtml:p>This bill would provide that no reimbursement is required by this act for a specified reason.</xhtml:p>"?> This bill would instead make a violation of that provision punishable by imprisonment in the county jail for a period of not more than one year or for 3, 4, or years. The bill would also make it a crime to transport, import, furnish, administer, or give away, offer to transport, import, furnish, administer, or give away, or attempt to import or transport ketamine into this state, except as specified.

The bill would make a violation of these prohibitions punishable by imprisonment in the county jail for 3, 4, or years. By creating a new crime and expanding the penalties for a crime, 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.

MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 11379.2 of the Health and Safety Code is amended to read: 11379.2. (

a) Except as otherwise provided in

Article 7 (commencing with

Section 4110) of

Chapter of Division of the Business and Professions Code, every person who possesses for sale or sells a controlled substance specified in subdivision (

g) of

Section shall be punished by imprisonment in the county jail for a period of not more than one year or pursuant to subdivision (

h) of

Section of the Penal Code. (

b) Except as otherwise provided in this division, a person who transports, imports into this state, furnishes, administers, or gives away, or offers to transport, import into this state, furnish, administer, or give away, or attempts to import into this state or transport a controlled substance specified in subdivision (

g) of

Section 11056, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (

h) of

Section of the Penal Code. (

c) For purposes of this section, “transports” means to transport for sale. (

d) This

section does not preclude or limit the prosecution of an individual for aiding and abetting the commission of, conspiring to commit, or acting as an accessory to

an act prohibited by this section.

SEC. 2. No reimbursement is required by this act pursuant to

Section 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 of the Government Code, or changes the definition of a crime within the meaning of

Section of

Article XIII B of the California Constitution. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'11352.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section of the <caml:DocName>Health and Safety Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_A029AD69-168A-42F5-906B-91709A6E2B32"><caml:Num>11352.</caml:Num><caml:LawSectionVersion id="id_C6DA0BD8-DBFF-46C9-BC36-FC01DCA1BB80"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>Except as otherwise provided in this division, a 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 (1) a controlled substance specified in subdivision (b), (c), or (

e) of, 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 specified in subdivision (

g) or (

h) of

Section 11056, or (2) a controlled substance classified in

Schedule III, IV, or V that is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (

h) of

Section of the Penal Code for three, four, or five years.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Notwithstanding the penalty provisions of subdivision (a), a person who transports a controlled substances specified in subdivision (

a) within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to subdivision (

h) of

Section of the Penal Code for three, six, or nine years.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>For purposes of this section, “transports” means to transport for sale.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>This

section does not preclude or limit the prosecution of an individual for aiding and abetting the commission of, or conspiring to commit, or acting as an accessory to,

an act prohibited by this section.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_0C3CD3EC-7D7D-4C1A-A9EB-607536FB0806"><caml:Num>SEC. 2.</caml:Num><caml:Content><xhtml:p>No reimbursement is required by this act pursuant to

Section of

Article XIII<xhtml:span class="ThinSpace"/>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 of the Government Code, or changes the definition of a crime within the meaning of

Section of

Article XIII<xhtml:span class="ThinSpace"/>B of the California Constitution.</xhtml:p></caml:Content></caml:BillSection>"?>