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AB-1129 Drug- and alcohol-related programs: “no unlawful use” requirement.(2023-2024)



Current Version: 02/15/23 - Introduced

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AB1129:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1129

Introduced by Assembly Member Flora

February 15, 2023

An act to amend Section 11999.2 of the Health and Safety Code, relating to drugs and alcohol.


LEGISLATIVE COUNSEL'S DIGEST


AB 1129, as introduced, Flora. Drug- and alcohol-related programs: “no unlawful use” requirement.
Existing law prohibits state funds from being encumbered by a state agency for allocation to an entity, whether private or public, for a drug- or alcohol-related program, unless the drug- or alcohol-related program contains a component that clearly explains, in written materials, that unlawful use of drugs or alcohol is prohibited.
This bill would make technical, nonsubstantive changes to that provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11999.2 of the Health and Safety Code is amended to read:

11999.2.
 (a)  Notwithstanding any other provision of law, commencing July 1, 1990, no state funds shall not be encumbered by a state agency for allocation to any entity, whether public or private, for a drug- or alcohol-related program, unless the drug- or alcohol-related program contains a component that clearly explains in written materials that there shall be no unlawful use of drugs or alcohol. No aspect of a drug- or alcohol-related program shall include any message on the responsible use, if the use is unlawful, of drugs or alcohol.
(b)  All aspects of a drug- or alcohol-related program shall be consistent with the “no unlawful use” message, including, but not limited to, program standards, curricula, materials, and teachings.
These materials and programs may include information regarding the health hazards of use of illegal drugs and alcohol, concepts promoting the well-being of the whole person, risk reduction, the addictive personality, development of positive self-esteem, productive decisionmaking skills, and other preventive concepts consistent with the “no unlawful use” of drugs and alcohol message.
(c)  The “no unlawful use” of drugs and alcohol message contained in drug- or alcohol-related programs shall apply to the use of drugs and alcohol prohibited by law.
(d)  This section does not apply to any program funded by the state that provides education and prevention outreach to intravenous drug users with AIDS or AIDS-related conditions, or persons at risk of HIV-infection through intravenous drug use.