Published: 2015-07-09
Key Benefits:
This division shall be known as the “California Uniform Controlled Substances Act.”
(Repealed and added by Stats. 1972, Ch. 1407.)
Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
(Repealed and added by Stats. 1972, Ch. 1407.)
“Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient for his immediate needs or to the body of a research subject by any of the following:
(a) A practitioner or, in his presence, by his authorized agent.
(b) The patient or research subject at the direction and in the presence of the practitioner.
(Repealed and added by Stats. 1972, Ch. 1407.)
“Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman.
(Repealed and added by Stats. 1972, Ch. 1407.)
“Attorney General” means the Attorney General of the State of California.
(Repealed and added by Stats. 1972, Ch. 1407.)
“Board of Pharmacy” means the California State Board of Pharmacy.
(Repealed and added by Stats. 1972, Ch. 1407.)
“Concentrated cannabis” means the separated resin, whether crude or purified, obtained from marijuana.
(Added by Stats. 1975, Ch. 248.)
“Controlled substance,” unless otherwise specified, means a drug, substance, or immediate precursor which is listed in any schedule in Section 11054, 11055, 11056, 11057, or 11058.
(Added by Stats. 1987, Ch. 1174, Sec. 1. Effective September 26, 1987.)
“Customs broker” means a person in this state who is authorized to act as a broker for any of the following:
(a) A person in this state who is licensed to sell, distribute, or otherwise possess any controlled substance.
(b) A person in any other state who ships any controlled substance into this state.
(c) A person in this state or any other state who ships or transfers any controlled substance through this state.
(Repealed and added by Stats. 1972, Ch. 1407.)
“Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.
(Added by Stats. 1972, Ch. 1407.)
“Dispense” means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, furnishing, packaging, labeling, or compounding necessary to prepare the substance for that delivery.
(Repealed and added by Stats. 1972, Ch. 1407.)
“Dispenser” means a practitioner who dispenses.
(Repealed and added by Stats. 1972, Ch. 1407.)
“Distribute” means to deliver other than by administering or dispensing a controlled substance.
(Repealed and added by Stats. 1972, Ch. 1407.)
“Distributor” means a person who distributes. The term distributor also includes warehousemen handling or storing controlled substances and customs brokers.
(Repealed and added by Stats. 1972, Ch. 1407.)
“Drug” means (a) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (c) substances (other than food) intended to affect the structure or any function of the body of man or animals; and (d) substances intended for use as a component of any article specified in subdivision (a), (b), or (c) of this section. It does not include devices or their components, parts, or accessories.
(Repealed and added by Stats. 1972, Ch. 1407.)
(a) “Drug paraphernalia” means all equipment, products and materials of any kind which are designed for use or marketed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this division. It includes, but is not limited to:
(1) Kits designed for use or marketed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
(2) Kits designed for use or marketed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
(3) Isomerization devices designed for use or marketed for use in increasing the potency of any species of plant which is a controlled substance.
(4) Testing equipment designed for use or marketed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances.
(5) Scales and balances designed for use or marketed for use in weighing or measuring controlled substances.
(6) Containers and other objects designed for use or marketed for use in storing or concealing controlled substances.
(7) Hypodermic syringes, needles, and other objects designed for use or marketed for use in parenterally injecting controlled substances into the human body.
(8) Objects designed for use or marketed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(A) Carburetion tubes and devices.
(B) Smoking and carburetion masks.
(C) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
(D) Miniature cocaine spoons, and cocaine vials.
(E) Chamber pipes.
(F) Carburetor pipes.
(G) Electric pipes.
(H) Air-driven pipes.
(I) Chillums.
(J) Bongs.
(K) Ice pipes or chillers.
(b) For the purposes of this section, the phrase “marketed for use” means advertising, distributing, offering for sale, displaying for sale, or selling in a manner which promotes the use of equipment, products, or materials with controlled substances.
(c) In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use.
(2) Instructions, oral or written, provided with the object concerning its use for ingesting, inhaling, or otherwise introducing a controlled substance into the human body.
(3) Descriptive materials accompanying the object which explain or depict its use.
(4) National and local advertising concerning its use.
(5) The manner in which the object is displayed for sale.
(6) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
(7) Expert testimony concerning its use.
(d) If any provision of this section or the application thereof to any person or circumstance is held invalid, it is the intent of the Legislature that the invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application and to this end the provisions of this section are severable.
(Added by Stats. 1982, Ch. 1278, Sec. 1.)
“Federal bureau” means the Drug Enforcement Administration of the United States Department of Justice, or its successor agency.
(Amended by Stats. 1992, Ch. 978, Sec. 2. Effective January 1, 1993.)
“Furnish” has the same meaning as provided in Section 4048.5 of the Business and Professions Code.
(Repealed and added by Stats. 1972, Ch. 1407.)
“Manufacturer” has the same meaning as provided in Section 4034 of the Business and Professions Code.
(Added by Stats. 1972, Ch. 1407.)
“Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
(Added by Stats. 1972, Ch. 1407. Superseded on operative date of amendment by Stats. 2013, Ch. 398.)
“Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds of that plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include industrial hemp, as defined in Section 11018.5, except where the plant is cultivated or processed for purposes not expressly allowed for by Division 24 (commencing with Section 81000) of the Food and Agricultural Code.
(Amended by Stats. 2013, Ch. 398, Sec. 5. Effective January 1, 2014. Conditionally operative as prescribed by Sec. 8 of Ch. 398.)
“Industrial hemp” means a fiber or oilseed crop, or both, that is limited to nonpsychoactive types of the plant Cannabis sativa L. and the seed produced therefrom, having no more than three‑tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, and that is cultivated and processed exclusively for the purpose of producing the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin or flowering tops extracted therefrom, fiber, oil, or cake, or the sterilized seed, or any component of the seed, of the plant that is incapable of germination.
(Added by Stats. 2013, Ch. 398, Sec. 6. Effective January 1, 2014. Conditionally operative as prescribed by Sec. 8 of Ch. 398.)
“Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(a) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
(b) Any salt, compound, isomer, or derivative, whether natural or synthetic, of the substances referred to in subdivision (a), but not including the isoquinoline alkaloids of opium.
(c) Opium poppy and poppy straw.
(d) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.
(e) Cocaine, whether natural or synthetic, or any salt, isomer, derivative, or preparation thereof.
(f) Ecgonine, whether natural or synthetic, or any salt, isomer, derivative, or preparation thereof.
(g) Acetylfentanyl, the thiophene analog thereof, derivatives of either, and any salt, compound, isomer, or preparation of acetylfentanyl or the thiophene analog thereof.
(Amended by Stats. 1985, Ch. 1098, Sec. 1. Effective September 27, 1985.)
“Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under Chapter 2 (commencing with Section 11053) of this division, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.
(Added by Stats. 1972, Ch. 1407.)
“Opium poppy” means the plant of the species Papaver somniferum L., except its seeds.
(Added by Stats. 1972, Ch. 1407.)
“Person” means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, or association, or any other legal entity.
(Amended by Stats. 1994, Ch. 1010, Sec. 159. Effective January 1, 1995.)
“Pharmacy” has the same meaning as provided in Section 4035 of the Business and Professions Code.
(Added by Stats. 1972, Ch. 1407.)
“Physician,” “dentist,” “podiatrist,” “pharmacist,” “veterinarian,” and “optometrist” means persons who are licensed to practice their respective professions in this state.
(Amended by Stats. 2000, Ch. 676, Sec. 6. Effective January 1, 2001.)
“Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.
(Added by Stats. 1972, Ch. 1407.)
“Practitioner” means any of the following:
(a) A physician, dentist, veterinarian, podiatrist, or pharmacist acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, a registered nurse acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, a certified nurse-midwife acting within the scope of Section 2746.51 of the Business and Professions Code, a nurse practitioner acting within the scope of Section 2836.1 of the Business and Professions Code, or a physician assistant acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107 or Section 3502.1 of the Business and Professions Code, or an optometrist acting within the scope of Section 3041 of the Business and Professions Code.
(b) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer, a controlled substance in the course of professional practice or research in this state.
(c) A scientific investigator, or other person licensed, registered, or otherwise permitted, to distribute, dispense, conduct research with respect to, or administer, a controlled substance in the course of professional practice or research in this state.
(Amended by Stats. 2001, Ch. 289, Sec. 10. Effective January 1, 2002.)
(a) “Prescription” means an oral order or electronic transmission prescription for a controlled substance given individually for the person(s) for whom prescribed, directly from the prescriber to the furnisher or indirectly by means of a written order of the prescriber.
(b) “Electronic transmission prescription” includes both image and data prescriptions. “Electronic image transmission prescription” is any prescription order for which a facsimile of the order is received by a pharmacy from a licensed prescriber. “Electronic data transmission prescription” is any prescription order, other than an electronic image transmission prescription, which is electronically transmitted from a licensed prescriber to a pharmacy.
(Amended by Stats. 1994, Ch. 26, Sec. 241. Effective March 30, 1994.)
“Production” includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.
(Added by Stats. 1972, Ch. 1407.)
“Security printer” means a person approved to produce controlled substance prescription forms pursuant to Section 11161.5.
(Added by Stats. 2003, Ch. 406, Sec. 2. Effective January 1, 2004.)
“Ultimate user” means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household.
(Added by Stats. 1972, Ch. 1407.)
“Wholesaler” has the same meaning as provided in Section 4038 of the Business and Professions Code.
(Added by Stats. 1972, Ch. 1407.)
Whenever reference is made to the term “narcotics” in any provision of law outside of this division, unless otherwise expressly provided, it shall be construed to mean controlled substances classified in Schedules I and II, as defined in this division. Whenever reference is made to “restricted dangerous drugs” outside of this division, unless otherwise expressly provided, it shall be construed to mean controlled substances classified in Schedules III and IV. Whenever reference is made to the term “marijuana” in any provision of law outside of this division, unless otherwise expressly provided, it shall be construed to mean marijuana as defined in this division.
(Added by Stats. 1972, Ch. 1407.)
As used in this division, except as otherwise defined, the term “isomer” includes optical and geometrical (diastereomeric) isomers.
(Added by Stats. 1985, Ch. 21, Sec. 2. Effective April 2, 1985.)
