Today's Law As Amended


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AB-2495 Controlled substances.(2015-2016)



As Amends the Law Today


SECTION 1.

 Section 11376.6 is added to the Health and Safety Code, to read:

11376.6.
 (a) State or local health departments may allow a person or entity to establish and operate an adult public health or medical intervention program intended to reduce death, disease, or injury due to the use and administration of controlled substances, including, but not limited to, supervised consumption services where adults may consume preobtained controlled substances under the supervision of staff in a safe and hygienic facility. In addition to the prevention of death, disease, or injury, these programs shall provide, at a minimum, substance use disorder treatment either directly or through referral.
(b) Notwithstanding any other law, any person or entity, including, but not limited to, property owners, managers, employees, volunteers, and clients or participants, involved in the operation or utilization of an adult public health or medical intervention program under subdivision (a) shall not be arrested, charged, or prosecuted pursuant to Section 11350, 11364, 11365, 11366, 11366.5, or 11377, or subdivision (a) of Section 11550, including for attempt, aiding and abetting, or conspiracy to commit a violation of any of those sections, or have his or her property subject to forfeiture, or otherwise be penalized solely for actions or conduct allowed by state or local health departments pursuant to subdivision (a).
(c) Subdivision (b) shall only protect property owners, managers, employees, volunteers, and clients or participants of the public health or medical intervention program for actions or conduct allowed by state or local health departments pursuant to subdivision (a).