Health & Safety Code § 11153
Misuse of Prescription Medicine
What is the Good Samaritan Law under Health & Safety Code § 109575?
Health & Safety Code § 109575 makes it a crime for any person who knowingly manufactures, distributes, or possesses with intent to distribute, an imitation controlled substance.
To be convicted under Health & Safety Code § 109575, all of the following must be proven:
- The person had knowledgeof the manufacturing, distribution, or possession of imitation controlled substances
- The person intended to distribution the imitation controlled substance
What is the punishment for violating Health & Safety Code § 109575 ?
The punishment for violating Health & Safety Code § 109575 depends on whether or not the person you distributed the substance to was a minor.
If distributing an imitation controlled substance and convicted under Health and Safety Code § 109575, the offense is a misdemeanor punishable by:
- imprisonment for up to six months in county jail or
- a fine of up to $1,000,
- or both the imprisonment and fine.
Under Health & Safety Code § 109580, the punishment is increased if you distribute the imitation controlled substance to a minor. Under Health & Safety Code § 109580, any person 18 years of age or over who violates Health and Safety Code § 109575 by knowingly distributing an imitation controlled substance to a person under 18 years of age is guilty of a misdemeanor punishable by:
- imprisonment for up to one year in a county jail or
- a fine of up to $2,000,
- or by both.
Upon a second or subsequent conviction under Health & Safety Code 109580, the person is subject to imprisonment for up to one year in county jail and a fine of not less than $6,000.
Who are the defenses to Health & Safety Code § 109575?
Defenses to Health & Safety Code § 109575 include the following:
- The substance was not an imitation controlled substance
- The defendant did not know the substance was an imitation controlled substance
- The defendant did not intend to distribute the substance to others
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