Health & Safety Code § 11156
– Prescribing Drugs to an Addict
What counts as a violation of Health & Safety Code § 11156?
Health & Safety Code § 11359 makes it a crime to possess for sale any cannabis, except as otherwise provided by law, shall be punished as follows
What is the punishment for violating Health & Safety Code § 11156?
Every person who possesses cannabis for sale shall be punished by imprisonment in a county jail for a period of up to 6 months or by a fine of up to $500) or by both
What factors increase the punishment for violating Health & Safety Code § 11156?
A person 18 years of age or over who possesses cannabis for sale may be punished by imprisonment under Penal Code § 1170 if:
(1) The person committed a serious violent offense that required him or her to register as a sex offender
(2) The person has two or more prior convictions under Health & Safety Code § 11156(b);
(3) The offense occurred in connection with the knowing sale or attempted sale of cannabis to a person under the age of 18 years.
Additionally, a person 21 years of age or over who possesses cannabis for sale may be punished by imprisonment pursuant to Penal Code § 1170(h) if the offense involves knowingly hiring, employing, or using a person 20 years of age or younger in unlawfully cultivating, transporting, carrying, selling, offering to sell, giving away, preparing for sale, or peddling any cannabis
What are the defenses to Health & Safety Code § 11156?
- You did not know the person was an “addict”
- The person was not an “addict”
- The prescription was permitted by Business and Professions Code § 2241
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