Existing law provides that every person 18 years of age or over who engages in specified controlled substance offenses involving a minor and specified controlled substances, including cocaine base, shall be punished by imprisonment in the state prison for 3, 6, or 9 years.
This bill would provide, in addition, that any person 18 years of age or older who is convicted for a 2nd or subsequent time of violating the above provision with respect to cocaine base, where the previous conviction resulted in a prison sentence, shall, as a full and separately served enhancement to the punishment imposed for the 2nd or subsequent conviction, be punished by imprisonment in the state prison for 1, 2, or 3 years. The bill would further provide that if the 2nd or subsequent violation, as described above, involved a minor who is 14 years of age or younger, the defendant shall, as a full and separately served enhancement, be punished by imprisonment in the state prison for 1, 2, or 3 years, at the discretion of the court.