A peace officer may, in the enforcement of this division, make arrests without warrant for a violation of this division which he or she may witness, and may confiscate native plants, or parts thereof when unlawfully harvested, transported, possessed, sold, or otherwise obtained in violation of this division.
Chapter 7Enforcement
Section § 80171
This law gives peace officers the authority to arrest individuals without a warrant if they witness a violation related to this specific division. It also allows officers to confiscate native plants if they have been illegally harvested, transported, owned, sold, or obtained in any manner that breaks the rules of this division.
peace officers arrest without warrant native plants unlawfully harvested transported illegally possession of native plants confiscation of plants illegal sale obtained in violation enforcement of division violation witnessing
Section § 80172
If someone breaks a rule in this section, they can be charged with a misdemeanor. They might have to pay a fine between $1,500 and $2,500 for each time they break the rule. They could also be jailed for up to a year, or face both penalties. Each time they break the rule, it counts as a separate offense.
A person violating any provision of this division is guilty of a misdemeanor punishable by a fine of not less than one thousand five hundred dollars ($1,500), nor more than two thousand five hundred dollars ($2,500), for each violation or by imprisonment in the county jail not to exceed one year, or both, and each violation constitutes a separate offense.
misdemeanor violation fine penalty imprisonment county jail separate offense violation consequences rule breach criminal fines legal penalties repeated violations
Section § 80173
If someone is found guilty of breaking the rules in this division, any permits they have will be taken away. They must return any remaining tags, seals, or paper records to the agency that gave them out. Additionally, they cannot get any new permits for one year after their conviction.
Upon conviction of a violation of this division, all permits issued to the person convicted shall be revoked and the permittee shall be required to surrender any unused tags and seals or wood receipts to the issuing agency and no new or additional permits shall be issued to the permittee for a period of one year from the date of conviction.
permit revocation unused tags permit surrender conviction consequences issuing agency wood receipts no new permits permittee one-year ban violation penalties permit restrictions
Section § 80174
If someone is convicted a second time under this law, they face a fine between $300 and $5,000 for each offense, up to a year in county jail, or possibly both fines and jail time. Each violation is treated as a separate offense.
Additionally, upon a second conviction, any permits they hold are revoked, and they must return any unused tags, seals, or wood receipts to the issuing agency. They are permanently barred from receiving any new or additional permits.
A second conviction shall be punishable by a fine of not less than three hundred dollars ($300), nor more than five thousand dollars ($5,000), for each violation, by imprisonment in a county jail for not more than one year, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment, and each violation shall constitute a separate offense.
Upon the second conviction, all permits issued to the person convicted shall be revoked and the permittee shall be required to surrender any unused tags and seals or wood receipts to the issuing agency and no new or additional permits shall be issued to the permittee at any time in the future from the date of
conviction.
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Section § 80175
The agency that gives out permits for harvesting plants for replanting can take back the permit if the person doesn't follow the rules or conditions that came with it.
The issuing agency may revoke any permit, tags, or seals issued for the purpose of harvesting for ultimate replanting if the permittee willfully fails to comply with all of the conditions or stipulations of the permit.
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