California Health and Safety Code

§ 11395

HSC § 11395 Effective Dec 18, 2024Div. 10 · Ch. 6 · Art. 8

Statute text

(a)This article shall be known and cited as the Treatment-Mandated Felony Act.

(b)(1) Notwithstanding any other law, and except as provided in subdivision (d), a person described in subdivision (c) who possesses a hard drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. A second or subsequent conviction of this section, is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.

(2)A person shall not be sentenced to jail or prison pursuant to this section unless a court determines that the person is not eligible or suitable for treatment or that any other circumstance described in paragraph (4) of subdivision (d) applies to that person.

…

Legislative history

Added November 5, 2024, by initiative Proposition 36, Sec. 7. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.