Today's Law As Amended


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AB-675 Controlled substances.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 11370.1 of the Health and Safety Code is amended to read:

11370.1.
 (a)  (1)  Notwithstanding Section 11350 or 11377 or any other provision of law,  law and except as provided in paragraph (2),  every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing a heroin analog, a substance containing fentanyl, a substance containing a fentanyl analog, a substance containing  methamphetamine, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.
(2) Where the substance possessed is one containing fentanyl or containing a fentanyl analog, the person must have knowledge that the specific controlled substance possessed is fentanyl or a fentanyl analog.
(3)  As used in this subdivision, “armed with” means having available for immediate offensive or defensive use.
(b) Any A  person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 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 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.