California Health and Safety Code

§ 11370.1

HSC § 11370.1 Effective Dec 18, 2024Div. 10 · Ch. 6 · Art. 4

Statute text

(a)Notwithstanding Section 11350 or 11377 or any other provision of law, every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a substance containing fentanyl, 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.

(b)Subdivision (a) does not apply to any person lawfully possessing fentanyl, including with a valid prescription.

(c)As used in subdivision (a), “armed with” means having available for immediate offensive or defensive use.

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Legislative history

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