Chapter 1General Provisions and Definitions
Section § 11000
This law is called the “California Uniform Controlled Substances Act.” It sets the framework for governing controlled substances within the state.
Section § 11001
This law section states that the definitions provided in this chapter are used to interpret the meanings within this division unless specified otherwise.
Section § 11002
This law explains what it means to "administer" a controlled substance. It involves giving a substance directly to a person, like a patient or a research subject, to meet their immediate needs. This can be done either by a qualified practitioner or someone they authorize, or by the person themselves if the practitioner is directing and watching them.
Section § 11003
An 'Agent' is someone authorized to represent or act for a manufacturer, distributor, or dispenser, but this doesn't include transportation or storage workers like delivery drivers or warehouse employees.
Section § 11004
This law section simply states that the term "Attorney General" refers to the Attorney General of the State of California.
Section § 11005
This law section defines the term 'Board of Pharmacy' as referring to the California State Board of Pharmacy.
Section § 11006.5
This law defines 'concentrated cannabis' as the separated resin, in either a crude or purified form, that is derived from the cannabis plant.
Section § 11007
This law defines a 'controlled substance' as any drug or substance listed in specific sections of California law. It also includes immediate precursors, which are substances that can be turned into drugs.
Section § 11008
This law defines a 'customs broker' as someone in California who is authorized to act on behalf of anyone involved with controlled substances. This includes selling, distributing, or possessing controlled substances within the state, as well as shipping them into or through the state, whether by people inside or outside California.
Section § 11009
In simple terms, to "deliver" or "delivery" refers to the act of transferring a controlled substance from one person to another. This can be done directly, indirectly, or even just attempted, and it doesn't matter if the people involved have any formal relationship like an agency agreement.
Section § 11010
The term "dispense" refers to the process of providing a controlled substance to the individual who is meant to use it, or to someone involved in research. This delivery must be based on the legal direction of a medical professional, and it includes all steps like prescribing, packaging, labeling, and any preparation needed to make the substance ready for delivery.
Section § 11011
In this section, 'dispenser' is defined as a healthcare professional who provides medication to patients.
Section § 11012
This part of the law defines 'distribute' as giving out a controlled substance without actually administering it or giving it as a prescription.
Section § 11013
This section defines a 'Distributor' as anyone who distributes goods, including warehouse workers who handle or store controlled substances and customs brokers.
Section § 11014
This section explains what the term "drug" means. It includes substances that are recognized as drugs by official health publications in the U.S., are used to diagnose or treat diseases in humans or animals, affect the body's structure or function (excluding food), or are components of any such substances. However, it specifically excludes devices and their components.
Section § 11014.5
This law defines "drug paraphernalia" as any equipment, products, or materials designed or promoted for use with controlled substances. This includes items for growing, producing, storing, using, or concealing drugs, like certain pipes, bongs, scales, and kits for cultivating drug-producing plants.
It explains that "marketed for use" means that these items are sold or advertised as being suitable for drug-related purposes. To determine if something is drug paraphernalia, factors such as instructions, how an item is advertised, and expert testimony may be considered.
However, it excludes testing equipment intended for detecting contaminants or certain harmful substances such as fentanyl. Each part of this section is meant to stand alone, so if one part is invalid, the rest remains in effect.
Section § 11015
The term "federal bureau" specifically refers to the Drug Enforcement Administration, or DEA, which is part of the United States Department of Justice. If the DEA is replaced by another agency, that new agency would be considered the "federal bureau."
Section § 11016
This section defines the term “furnish” by referring to its definition in another part of the California legal code, specifically in the Business and Professions Code Section 4048.5.
Section § 11017
This section states that the term “Manufacturer” is defined in the same way as it is in Section 4034 of the Business and Professions Code. To understand what a 'Manufacturer' is, you would need to refer to that specific section for details.
Section § 11018
This section defines 'cannabis' to include all parts of the Cannabis sativa plant, including seeds and resin, as well as any product made from these parts. However, it does not consider industrial hemp or the weight of non-cannabis ingredients in cannabis products as part of 'cannabis'.
Section § 11018.1
Section § 11018.2
This law defines "cannabis accessories" as any tools, products, or materials that are intended to be used in various stages of handling cannabis. This includes everything from planting and growing the cannabis plant to packaging, storing, and consuming the final product by inhalation or ingestion.
Section § 11018.5
Industrial hemp, or simply hemp, refers to a type of cannabis plant, Cannabis sativa L., that contains no more than 0.3% of delta-9 THC, which is the psychoactive component, when measured on a dry weight basis. This definition includes all parts of the plant and its derivatives.
Industrial hemp is not governed by divisions related to cannabis regulations. Instead, it's overseen by the Department of Food and Agriculture as specified in a different section of the Food and Agricultural Code.
Section § 11019
This law defines what constitutes a “narcotic drug.” It includes substances such as opium and its derivatives, both natural and synthetic, and excludes isoquinoline alkaloids. It also covers opium poppy and poppy straw, coca leaves and derivatives that contain cocaine or ecgonine but excludes non-cocaine-containing extractions. Additionally, cocaine and ecgonine and their derivatives are classified as narcotic drugs, as is acetylfentanyl and related compounds.
Section § 11020
An 'opiate' is defined as any substance with addictive properties similar to morphine or that can be turned into a drug with such properties. However, it doesn't include dextromethorphan unless specifically classified as controlled. The law covers its different forms, specifically racemic and levorotatory.
Section § 11021
In this section, "Opium poppy" refers specifically to the plant known scientifically as Papaver somniferum L. However, this definition excludes the seeds of the plant.
Section § 11022
This law defines the term "person" in a broad sense, including not just individuals but also entities like corporations, government bodies, trusts, partnerships, LLCs, and other legal entities. Essentially, it's an inclusive definition to cover various forms of organizations and agencies in legal contexts.
Section § 11023
Section § 11024
This law defines certain professional titles like physician, dentist, podiatrist, pharmacist, veterinarian, and optometrist as individuals who are officially licensed to practice their specific professions within the state.
Section § 11025
Poppy straw refers to every part of the opium poppy plant, except for the seeds, that remains after the plant is cut down.
Section § 11026
This section defines who is considered a 'practitioner' when it comes to handling controlled substances in California. A 'practitioner' can be a medical professional like a doctor, nurse, or pharmacist who is authorized to perform specific duties within established legal guidelines. It can also be a pharmacy, hospital, or similar institution that is permitted by law to manage controlled substances, whether through dispensing or conducting research. Additionally, it includes scientific investigators or other individuals who have the legal authority to distribute or work with controlled substances as part of their professional or research activities.
Section § 11027
This law section defines what a 'prescription' means in the context of controlled substances, clarifying that it includes both oral orders and electronic transmission prescriptions, which can be sent directly from a prescriber to a pharmacy or indirectly through a written order.
It further explains that 'electronic transmission prescription' encompasses both image and data prescriptions. An 'electronic image transmission prescription' refers to prescriptions where a facsimile is received by a pharmacy. In contrast, an 'electronic data transmission prescription' is any prescription electronically sent from a prescriber to a pharmacy, excluding those sent via facsimile.
Section § 11029
This section defines "production" as any process involved in making or cultivating a controlled substance. This could mean manufacturing, planting, growing, or harvesting such substances.
Section § 11029.5
In this section, a "security printer" is defined as someone who is authorized to create prescription forms for controlled substances, following the guidelines set in another law, specifically Section 11161.5.
Section § 11030
An "ultimate user" is someone who legally has a controlled substance for their personal use, for someone they live with, or for treating an animal they or a household member owns.
Section § 11031
This section defines 'wholesaler' in the same way as Section 4038 of the Business and Professions Code.
Section § 11032
This law clarifies what specific terms mean when used in laws outside of the given division. 'Narcotics' refers to controlled substances in Schedules I and II. 'Restricted dangerous drugs' pertains to substances in Schedules III and IV. Lastly, when the term 'marijuana' is used, it refers to cannabis as defined in this division.
Section § 11033
This law states that when the term "isomer" is used, it refers to both types of isomers: optical isomers and geometrical (or diastereomeric) isomers, unless defined otherwise.