Chapter 13Miscellaneous

Section § 11650

Explanation

This law outlines how legal actions, such as prosecutions and administrative proceedings, are handled across two different time periods. For offenses that occurred before the new law took effect, prosecutions continue under the old rules. If penalties are lighter under the new law, they may apply to similar cases from the past. Similarly, ongoing civil seizures and court actions are not impacted by the change. Administrative cases under the old laws get resolved using the old rules, but substances controlled by the old law and not listed in the new schedules are automatically controlled. The new law applies to any offenses or proceedings initiated after it took effect.

(a)CA Health and Safety Code § 11650(a)  Prosecution for any violation of law occurring prior to the effective date of this division is not affected or abated by this division. If the offense being prosecuted is similar to one set out in Chapter 6 (commencing with Section 11350) of this division, then the penalties under Chapter 6 (commencing with Section 11350) apply if they are less than those under prior law.
(b)CA Health and Safety Code § 11650(b)  Civil seizures or forfeitures and injunctive proceedings commenced prior to effective date of this division are not affected by this division.
(c)CA Health and Safety Code § 11650(c)  All administrative proceedings pending under prior laws which are superseded by this division shall be continued and brought to a final determination in accord with the laws and rules in effect prior to the effective date of this division. Any substance controlled under prior law which is not listed within Schedules I through V, is automatically controlled without further proceedings and shall be listed in the appropriate schedule.
(d)CA Health and Safety Code § 11650(d)  This division applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur on or after the effective date of this division.
offense prosecution penalties comparison civil seizures forfeitures injunctive proceedings administrative proceedings substances control Schedules I through V legal transition similar offenses new law application effective date transitions controlled substance law supersession legal continuity
(Amended by Stats. 1993, Ch. 589, Sec. 90. Effective January 1, 1994.)

Section § 11651

Explanation

This law states that any existing orders and regulations under laws affected by this division will continue to be valid if they don't conflict with the new division. These will stay in effect until they are changed, replaced, or removed.

Any orders and regulations promulgated pursuant to any law affected by this division and in effect on the effective date of this division, not in conflict with it continue in effect until modified, superseded, or repealed.
orders and regulations existing laws effective date conflict modification supersession repeal continuity law division legal effect regulatory change legal compliance implementation date transitional provisions regulatory impact
(Repealed and added by Stats. 1972, Ch. 1407.)