Section § 11000

Explanation

This law is called the “California Uniform Controlled Substances Act.” It sets the framework for governing controlled substances within the state.

This division shall be known as the “California Uniform Controlled Substances Act.”

Section § 11001

Explanation

This law section states that the definitions provided in this chapter are used to interpret the meanings within this division unless specified otherwise.

Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.

Section § 11002

Explanation

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.

“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)CA Health and Safety Code § 11002(a)  A practitioner or, in his presence, by his authorized agent.
(b)CA Health and Safety Code § 11002(b)  The patient or research subject at the direction and in the presence of the practitioner.

Section § 11003

Explanation

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.

“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.

Section § 11004

Explanation

This law section simply states that the term "Attorney General" refers to the Attorney General of the State of California.

“Attorney General” means the Attorney General of the State of California.

Section § 11005

Explanation

This law section defines the term 'Board of Pharmacy' as referring to the California State Board of Pharmacy.

“Board of Pharmacy” means the California State Board of Pharmacy.

Section § 11006.5

Explanation

This law defines 'concentrated cannabis' as the separated resin, in either a crude or purified form, that is derived from the cannabis plant.

“Concentrated cannabis” means the separated resin, whether crude or purified, obtained from cannabis.

Section § 11007

Explanation

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.

“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.

Section § 11008

Explanation

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.

“Customs broker” means a person in this state who is authorized to act as a broker for any of the following:
(a)CA Health and Safety Code § 11008(a)  A person in this state who is licensed to sell, distribute, or otherwise possess any controlled substance.
(b)CA Health and Safety Code § 11008(b)  A person in any other state who ships any controlled substance into this state.
(c)CA Health and Safety Code § 11008(c)  A person in this state or any other state who ships or transfers any controlled substance through this state.

Section § 11009

Explanation

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.

“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.

Section § 11010

Explanation

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.

“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.

Section § 11011

Explanation

In this section, 'dispenser' is defined as a healthcare professional who provides medication to patients.

“Dispenser” means a practitioner who dispenses.

Section § 11012

Explanation

This part of the law defines 'distribute' as giving out a controlled substance without actually administering it or giving it as a prescription.

“Distribute” means to deliver other than by administering or dispensing a controlled substance.

Section § 11013

Explanation

This section defines a 'Distributor' as anyone who distributes goods, including warehouse workers who handle or store controlled substances and customs brokers.

“Distributor” means a person who distributes. The term distributor also includes warehousemen handling or storing controlled substances and customs brokers.

Section § 11014

Explanation

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.

“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.

Section § 11014.5

Explanation

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.

(a)CA Health and Safety Code § 11014.5(a) “Drug paraphernalia” means all equipment, products, and materials of any kind that are designed for use or marketed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, 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)CA Health and Safety Code § 11014.5(a)(1) Kits designed for use or marketed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant that is a controlled substance or from which a controlled substance can be derived.
(2)CA Health and Safety Code § 11014.5(a)(2) Kits designed for use or marketed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
(3)CA Health and Safety Code § 11014.5(a)(3) Isomerization devices designed for use or marketed for use in increasing the potency of any species of plant that is a controlled substance.
(4)CA Health and Safety Code § 11014.5(a)(4) Scales and balances designed for use or marketed for use in weighing or measuring controlled substances.
(5)CA Health and Safety Code § 11014.5(a)(5) Containers and other objects designed for use or marketed for use in storing or concealing controlled substances.
(6)CA Health and Safety Code § 11014.5(a)(6) Hypodermic syringes, needles, and other objects designed for use or marketed for use in parenterally injecting controlled substances into the human body.
(7)CA Health and Safety Code § 11014.5(a)(7) Objects designed for use or marketed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, such as:
(A)CA Health and Safety Code § 11014.5(a)(7)(A) Carburetion tubes and devices.
(B)CA Health and Safety Code § 11014.5(a)(7)(B) Smoking and carburetion masks.
(C)CA Health and Safety Code § 11014.5(a)(7)(C) Roach clips, meaning objects used to hold burning material, such as a cannabis cigarette, that has become too small or too short to be held in the hand.
(D)CA Health and Safety Code § 11014.5(a)(7)(D) Miniature cocaine spoons, and cocaine vials.
(E)CA Health and Safety Code § 11014.5(a)(7)(E) Chamber pipes.
(F)CA Health and Safety Code § 11014.5(a)(7)(F) Carburetor pipes.
(G)CA Health and Safety Code § 11014.5(a)(7)(G) Electric pipes.
(H)CA Health and Safety Code § 11014.5(a)(7)(H) Air-driven pipes.
(I)CA Health and Safety Code § 11014.5(a)(7)(I) Chillums.
(J)CA Health and Safety Code § 11014.5(a)(7)(J) Bongs.
(K)CA Health and Safety Code § 11014.5(a)(7)(K) Ice pipes or chillers.
(8)CA Health and Safety Code § 11014.5(a)(8) Testing equipment designed for use or marketed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances, except as otherwise provided in subdivision (d).
(b)CA Health and Safety Code § 11014.5(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 that promotes the use of equipment, products, or materials with controlled substances.
(c)CA Health and Safety Code § 11014.5(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)CA Health and Safety Code § 11014.5(c)(1) Statements by an owner or by anyone in control of the object concerning its use.
(2)CA Health and Safety Code § 11014.5(c)(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)CA Health and Safety Code § 11014.5(c)(3) Descriptive materials accompanying the object that explain or depict its use.
(4)CA Health and Safety Code § 11014.5(c)(4) National and local advertising concerning its use.
(5)CA Health and Safety Code § 11014.5(c)(5) The manner in which the object is displayed for sale.
(6)CA Health and Safety Code § 11014.5(c)(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)CA Health and Safety Code § 11014.5(c)(7) Expert testimony concerning its use.
(d)CA Health and Safety Code § 11014.5(d) Notwithstanding paragraph (8) of subdivision (a), “drug paraphernalia” does not include any testing equipment designed, marketed, intended to be used, or used, to test a substance for the presence of contaminants, toxic substances, hazardous compounds, or other adulterants, or controlled substances that include, without limitation, fentanyl, ketamine, gamma hydroxybutyric acid, or any analog of fentanyl.
(e)CA Health and Safety Code § 11014.5(e) 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 that can be given effect without the invalid provision or application and to this end the provisions of this section are severable.

Section § 11015

Explanation

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."

“Federal bureau” means the Drug Enforcement Administration of the United States Department of Justice, or its successor agency.

Section § 11016

Explanation

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.

“Furnish” has the same meaning as provided in Section 4048.5 of the Business and Professions Code.

Section § 11017

Explanation

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.

“Manufacturer” has the same meaning as provided in Section 4034 of the Business and Professions Code.

Section § 11018

Explanation

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'.

“Cannabis” 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 either of the following:
(a)CA Health and Safety Code § 11018(a) Industrial hemp, as defined in Section 11018.5.
(b)CA Health and Safety Code § 11018(b) The weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.

Section § 11018.1

Explanation
This law defines 'cannabis products' as any cannabis that has been processed into a concentrated form. This includes items like concentrated cannabis itself, as well as edible or topical products made with it and other ingredients.
“Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

Section § 11018.2

Explanation

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.

“Cannabis accessories” means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

Section § 11018.5

Explanation

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.

(a)CA Health and Safety Code § 11018.5(a) “Industrial hemp” or “hemp” means an agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis.
(b)CA Health and Safety Code § 11018.5(b) Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.

Section § 11019

Explanation

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.

“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)CA Health and Safety Code § 11019(a)  Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
(b)CA Health and Safety Code § 11019(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)CA Health and Safety Code § 11019(c)  Opium poppy and poppy straw.
(d)CA Health and Safety Code § 11019(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)CA Health and Safety Code § 11019(e)  Cocaine, whether natural or synthetic, or any salt, isomer, derivative, or preparation thereof.
(f)CA Health and Safety Code § 11019(f)  Ecgonine, whether natural or synthetic, or any salt, isomer, derivative, or preparation thereof.
(g)CA Health and Safety Code § 11019(g)  Acetylfentanyl, the thiophene analog thereof, derivatives of either, and any salt, compound, isomer, or preparation of acetylfentanyl or the thiophene analog thereof.

Section § 11020

Explanation

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.

“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.

Section § 11021

Explanation

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.

“Opium poppy” means the plant of the species Papaver somniferum L., except its seeds.

Section § 11022

Explanation

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.

“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.

Section § 11023

Explanation
This law states that the definition of 'pharmacy' is the same as the one given in Section 4035 of the Business and Professions Code. Essentially, the term has a specific meaning already established elsewhere, and this law refers to that established definition.
“Pharmacy” has the same meaning as provided in Section 4035 of the Business and Professions Code.

Section § 11024

Explanation

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.

“Physician,” “dentist,” “podiatrist,” “pharmacist,” “veterinarian,” and “optometrist” means persons who are licensed to practice their respective professions in this state.

Section § 11025

Explanation

Poppy straw refers to every part of the opium poppy plant, except for the seeds, that remains after the plant is cut down.

“Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.

Section § 11026

Explanation

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.

“Practitioner” means any of the following:
(a)CA Health and Safety Code § 11026(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)CA Health and Safety Code § 11026(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)CA Health and Safety Code § 11026(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.

Section § 11027

Explanation

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.

(a)CA Health and Safety Code § 11027(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)CA Health and Safety Code § 11027(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.

Section § 11029

Explanation

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.

“Production” includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.

Section § 11029.5

Explanation

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.

“Security printer” means a person approved to produce controlled substance prescription forms pursuant to Section 11161.5.

Section § 11030

Explanation

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.

“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.

Section § 11031

Explanation

This section defines 'wholesaler' in the same way as Section 4038 of the Business and Professions Code.

“Wholesaler” has the same meaning as provided in Section 4038 of the Business and Professions Code.

Section § 11032

Explanation

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.

If reference is made to the term “narcotics” in any law not in this division, unless otherwise expressly provided, it means those controlled substances classified in Schedules I and II, as defined in this division. If reference is made to “restricted dangerous drugs” not in this division, unless otherwise expressly provided, it means those controlled substances classified in Schedules III and IV. If reference is made to the term “marijuana” in any law not in this division, unless otherwise expressly provided, it means cannabis as defined in this division.

Section § 11033

Explanation

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.

As used in this division, except as otherwise defined, the term “isomer” includes optical and geometrical (diastereomeric) isomers.