Miscellaneous Offenses and Provisions

Cal. HSC § 11370.4

California Statutes

(a)

(1) A person convicted of a violation of, or of a conspiracy to violate,

Section 11351, 11351.5, or with respect to a substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (

f) of

Section 11054, or cocaine as specified in paragraph (6) of subdivision (

b) of

Section shall receive an additional state prison term as follows: (

A) If the substance exceeds one kilogram by weight, the person shall receive an additional term of three years. (

B) If the substance exceeds four kilograms by weight, the person shall receive an additional term of five years. (

C) If the substance exceeds kilograms by weight, the person shall receive an additional term of years. (

D) If the substance exceeds kilograms by weight, the person shall receive an additional term of years. (

E) If the substance exceeds kilograms by weight, the person shall receive an additional term of years. (

F) If the substance exceeds kilograms by weight, the person shall receive an additional term of years.

(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b)

(1) A person convicted of a violation of, or of conspiracy to violate,

Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional state prison term as follows: (

A) If the substance exceeds one kilogram by weight, or liters by liquid volume, the person shall receive an additional term of three years. (

B) If the substance exceeds four kilograms by weight, or liters by liquid volume, the person shall receive an additional term of five years. (

C) If the substance exceeds kilograms by weight, or liters by liquid volume, the person shall receive an additional term of years. (

D) If the substance exceeds kilograms by weight, or liters by liquid volume, the person shall receive an additional term of years.

(2) In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.

(3) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (c)

(1) A person convicted of a violation of, or of a conspiracy to violate,

Section or with respect to a substance containing fentanyl shall receive an additional state prison term as follows: (

A) If the substance exceeds 28.35 grams (one ounce) by weight, the person shall receive an additional term of three years. (

B) If the substance exceeds grams by weight, the person shall receive an additional term of five years. (

C) If the substance exceeds grams by weight, the person shall receive an additional term of seven years. (

D) If the substance exceeds one kilogram by weight, the person shall receive an additional term of years. (

E) If the substance exceeds four kilograms by weight, the person shall receive an additional term of years. (

F) If the substance exceeds kilograms by weight, the person shall receive an additional term of years. (

G) If the substance exceeds kilograms by weight, the person shall receive an additional term of years. (

H) If the substance exceeds kilograms by weight, the person shall receive an additional term of years. (

I) If the substance exceeds kilograms by weight, the person shall receive an additional term of years.

(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (

d) The additional terms provided in this

section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (

f) of

Section 11054, cocaine as specified in paragraph (6) of subdivision (

b) of

Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this

section is charged in the accusatory pleading and admitted or found to be true by the trier of fact. (

e) Notwithstanding paragraph (9) of subdivision (

h) of

Section of the Penal Code, a defendant convicted of an underlying violation specified in this

section who admits an enhancement pursuant to this

section or for whom an enhancement pursuant to this

section is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (

h) of

Section of the Penal Code. (

f) The additional terms provided in this

section shall be in addition to any other punishment provided by law. (

g) Notwithstanding any other law, the court may strike the additional punishment for the enhancements provided in this

section if the court determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 11370.4
Date2024-12-18
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC11370.4.20246

Miscellaneous Offenses and Provisions

Cal. HSC § 11370.4

California Statutes

Miscellaneous Offenses and Provisions

Cal. HSC § 11370.4

California Statutes

(a)

(1) A person convicted of a violation of, or of a conspiracy to violate,

Section 11351, 11351.5, or with respect to a substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (

f) of

Section 11054, or cocaine as specified in paragraph (6) of subdivision (

b) of

Section shall receive an additional state prison term as follows: (

A) If the substance exceeds one kilogram by weight, the person shall receive an additional term of three years. (

B) If the substance exceeds four kilograms by weight, the person shall receive an additional term of five years. (

C) If the substance exceeds kilograms by weight, the person shall receive an additional term of years. (

D) If the substance exceeds kilograms by weight, the person shall receive an additional term of years. (

E) If the substance exceeds kilograms by weight, the person shall receive an additional term of years. (

F) If the substance exceeds kilograms by weight, the person shall receive an additional term of years.

(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b)

(1) A person convicted of a violation of, or of conspiracy to violate,

Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional state prison term as follows: (

A) If the substance exceeds one kilogram by weight, or liters by liquid volume, the person shall receive an additional term of three years. (

B) If the substance exceeds four kilograms by weight, or liters by liquid volume, the person shall receive an additional term of five years. (

C) If the substance exceeds kilograms by weight, or liters by liquid volume, the person shall receive an additional term of years. (

D) If the substance exceeds kilograms by weight, or liters by liquid volume, the person shall receive an additional term of years.

(2) In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.

(3) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (c)

(1) A person convicted of a violation of, or of a conspiracy to violate,

Section or with respect to a substance containing fentanyl shall receive an additional state prison term as follows: (

A) If the substance exceeds 28.35 grams (one ounce) by weight, the person shall receive an additional term of three years. (

B) If the substance exceeds grams by weight, the person shall receive an additional term of five years. (

C) If the substance exceeds grams by weight, the person shall receive an additional term of seven years. (

D) If the substance exceeds one kilogram by weight, the person shall receive an additional term of years. (

E) If the substance exceeds four kilograms by weight, the person shall receive an additional term of years. (

F) If the substance exceeds kilograms by weight, the person shall receive an additional term of years. (

G) If the substance exceeds kilograms by weight, the person shall receive an additional term of years. (

H) If the substance exceeds kilograms by weight, the person shall receive an additional term of years. (

I) If the substance exceeds kilograms by weight, the person shall receive an additional term of years.

(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (

d) The additional terms provided in this

section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (

f) of

Section 11054, cocaine as specified in paragraph (6) of subdivision (

b) of

Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this

section is charged in the accusatory pleading and admitted or found to be true by the trier of fact. (

e) Notwithstanding paragraph (9) of subdivision (

h) of

Section of the Penal Code, a defendant convicted of an underlying violation specified in this

section who admits an enhancement pursuant to this

section or for whom an enhancement pursuant to this

section is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (

h) of

Section of the Penal Code. (

f) The additional terms provided in this

section shall be in addition to any other punishment provided by law. (

g) Notwithstanding any other law, the court may strike the additional punishment for the enhancements provided in this

section if the court determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 11370.4
Date2024-12-18
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC11370.4.20246