The following summarizes some of the California state laws regarding drugs and alcohol that may be relevant to students and employees:
Controlled
Substances
- California penalties for offenses involving controlled substances include those set forth in the California Health & Safety Code § 11350: Imprisonment in the county jail or state prison, a fine not to exceed $70, or probation with fine for felony convictions of at least $1,000 for the first offense and at least $2,000 for second or subsequent offenses or community service for unlawful possession of controlled substances. (HS § 11350)
- Under California law, possession of certain controlled substances (Schedule I, II, and III) for sale or purchasing for the purpose of sale are punishable by imprisonment of two, three, or four years. (HS §§ 11054, 11055, 11056 & 11351)
- Penalties are more severe for offenses involving heroin, cocaine, cocaine base, or any analog of these substances and occurring upon the grounds of, or within, a church or synagogue, a playground, a public or private youth center, a child day care facility, or a public swimming pool, during hours in which the facility is open for business, classes, or school-related programs, or at any time when minors are using the facility. (HS § 11353.1)
- It is unlawful to possess any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking certain controlled substances. (HS § 11364)
- Personal property may be subject to forfeiture if it contains drugs or was used in a drug manufacture, distribution, dispensation, or acquired in violation of this division. (HS § 11470)
- The California Legislature declares that the dispensing and furnishing of prescription drugs, controlled substances, and dangerous drugs or dangerous devices without a license poses a significant threat to the health, safety, and welfare of all persons residing in the state and shall be guilty of a crime. (HS § 11352.1)
Alcohol
- It is illegal for persons under the age of 21 to possess an alcoholic beverage in any public place or any place open to the public. Sanctions range from a fine of $250-$500 and community service, depending on whether the offense is a first or subsequent violation. (BP § 25662)
- Any person who furnishes, gives or sells any alcoholic beverage to someone under the age of 21 is guilty of a misdemeanor. Potential sanctions include fines of $250 or higher, community service, and imprisonment, depending on the facts of the case. (BP § 25658)
- Any person under the influence of alcohol in a public place and unable to exercise care for one’s own safety or that of others is guilty of a misdemeanor. (PC § 647 (f))
- It is illegal for persons to operate a motor vehicle while under the influence of alcohol or other intoxicants or with a blood alcohol level of .08% or higher. (CVC § 23152)
- It is a misdemeanor to ride a bicycle upon a highway under the influence of alcohol, drugs, or both. (CVC § 21200.5)
- It is an infraction to possess an open container of an alcoholic beverage while in a motor vehicle. (CVC § 23223)
- It is an infraction for an owner or driver of a motor vehicle to allow an open container of alcohol in the passenger area. (CVC § 23225)
Driving Under
the Influence
- First conviction: Imprisonment in the county jail for not less than 96 hours, at least 48 hours which are continuous, nor more than six months, and by a fine of not less than $390 nor more than $1,000 and except as otherwise provided suspension of privilege to operate motor vehicle. (CVC § 23536)
- Conviction of driving under the influence with or without bodily injury within ten years of certain other felony convictions, including vehicular manslaughter and driving under the influence: Imprisonment in state prison or in the county jail for not more than one year and a fine of not less than $390 nor more than $1,000 and revocation of privilege to operate a motor vehicle. (CVC § 23550.5)
- Driving under the influence causing bodily injury: Imprisonment in state prison or county jail for not less than 90 days nor more than one year and a fine of not less than $390 nor more than $1,000 and suspension of privilege to operate a motor vehicle. (CVC § 23554)
- Driving under the influence causing bodily injury or death to more than one victim: Enhancement of one year in state prison for each additional injured victim up to a maximum of three one-year enhancements. (CVC §23558)
- Second conviction of driving under the influence causing bodily injury within ten years or conviction within ten years of separate conviction of other specified offenses involving alcohol or drugs: Imprisonment in the county jail for not less than 120 days nor more than one year and a fine of not less than $390 nor more than $5,000 and revocation of privilege to operate a motor vehicle. (CVC § 23560)