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A Summary of California's Alcohol and Drug Abuse Laws

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A Summary of California's Alcohol and Drug Abuse Laws If you have issues viewing or accessing this file contact us at NCJRS.gov. A SUMMARY OF CALIFORNIA'S ALCOHOL AND DRUG ABUSE LAWS Prepared pursuant to SB 2599 (Seymour), (Chapter 983, Statutes of 1988) Prepared by: SENATE OFFICE OF RESEARCH Elisabeth Kersten, Director June 3D, 1989 462-8 127464 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating It. Points of view or opinions stated In this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this copyrighted material has been granted bl:: California Legislature to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis­ sion of the copyright owner. A SUMMARY OF CALIFORNIA'S ALCOHOL AND DRUG ABUSE LAWS Prepared pursuant to SB 2599 (Seymour), (Chapter 983, Statutes of 1988) June 30, 1989 Prepared by: SENATE OFFICE OF RESEARCH, Ken Hurdle, Project Director, Kim Connor, Dan Englund, Dolores Sanchez, Lenore Tate Edited by: Judith A. Ryder, Thomas F. Wilspn ~;:- ~~~: ~M8ERS: ~ILLIAM A. CRAVEN to DAVIS CALIFORNIA LEGISLATURE VADIE DEDDEH TERRI DELGADILLO ~'ECIL GREEN , COMMITTEE CONSULTANT ;'ARY HART !ILL" LOCKYER STATE CAPITOL. ROOM 3074 !'E8ECCA MORGAN SACRAMENTO. CA 95814 ilCHOLAS PETRIS (916) 445-4264 to ROYCE ~ANEWATSON ~ SENATE SELECT COMMITTEE ~ ON ~ ~:, SUBSTANCE ABUSE r~, ~ t; JOHN SEYMOUR ~: !i CHAIRMAN 1 ~~ tl December 19, 1989 r1 \i ~ ~, As Chairman of the Senate Select Committee on Substance l\ Abuse, I am pleased to participate with the Senate Office of I' Research in the release of A Summary of California's Alcohol ~ and Drug Abuse Laws. ,l ~, In 1988, recognizing that substance abuse was reaching epidemic proportions I carried legislation (SB 2599) which established a Five-Year Master Plan to Reduce Drug and Alcohol Abuse in California. One of the goals of the Master Plan was to set forth a compilation and consolidated overview of California laws pertaining to drug and alcohol abuse. This report is an effort to achieve that goal. Over the next six months it is the intent of the Senate Select Committee and the Senate Office of Research to work jointly in publishing manuals which will further address specific topics such as California laws relqting to drunk driving, or drug and alcohol education and prevention efforts Just as there is no single reason why people become involved with drugs and alcohol, there also, is no single solution to the problem. It is my hope that this summary and those to follow, as part of the Master Plan directive; will go a long way toward the fight against the cancerous disease known as substance abuse. In closing, the Select committee and Senate Office of Research would like to thank and gratefully acknowledge the efforts of all the appropriate state agency directors, chief counsels and other department personnel who helped in reviewing and providing additional assistance for'this summary. Sincerely, --------" --, TABLE OF CONTENTS 1. INTRODUCTION ................................................................................................. 1 RESEARCH METHODOLOCY ........................................................................ 2 ORGANIZATION .............................................................................................. 3 Definitions ........................................................................................................... 3 Categories ............................................................................................................. 5 List of Appendices .............................................................................................. 6 II. STATUTORY AUTHORITY FOR THE REGULATION OF ALCOHOL AND DRUGS ......................................................................................................... 7 Alcoholic Beverage Control Act ...................................................................... 7 Uniform Controlled Substances Act.............................................................. 8 California Control of Profits of Organized Crime Act ............................... 8 California Major Narcotic Vendors Prosecution Law ............................... 8 California Imitation Controlled Substance Act ........................................... 9 Sherman Food, Drug and Cosmetic Law ...................................................... 9 III. LAWS RELATING TO USE, POSSESSION, AND SOLICITING .............. I0 GENERAL ......................... ,................................................................................ 10 Abortion - soliciting medicine or drugs for ................................ 10 Abuse by caretakers for the elderly/dependent adults ................. ll Felony - drug use in the commission of ............. ,........................ 11 Firearms - possession by addicts .................................................... 11 Firearms - persons under court conservatorship ...................... 11 GAIN Participation - exemption from ......................................... 11 Gaming club - removal from ......................................................... 11 Marriage licence - issue to intoxicated persons .......................... 11 Open container - in specified locations ........................................ 11 Patron - solicitation of alcohol from ............................................. 12 Peyote - unlawful possession of..................................................... 12 Piperidine - unlawful possession of ............................................. 12 Public intoxication ............................................................................... 12 Registration of offenders ............................................. ,...................... 12 Toluene - possession for inhalation; ............................................ 12 LAWS RELATING TO DRIVING UNDER THE INFLUENCE ............. 12 Aircraft/parachuting - operating while under the influence.12 Arrest for driving under the influence ........................................... 13 Bicycle - operating under the influence ....................................... 13 Constitutionalitj of declaring driving under influence convictions ......................................................................................... 13 Diversion and treatment - driving under the influence ......... 13 Driver education information/testing ............................................ 13 Driving with license suspended/revoked...................................... 14 Eligibility for diversion programs .................................................... 14 First-time offenders - county responsibility ................................ 14 . 1 ~~--------------------- Fines / forfeiture for conviction ......................................................... 14 Insurance - effect on rates .......................... "..................................... 14 Issuance, renewal, or revocation of license .................................... 15 Operation of a vehicle - by a minor .............................................. 15 Operation of a vehicle - general ..................................................... 15 Public access to criminal history records ......................................... 15 Reciprocity with other states - suspensions/revocations......... 16 Restriction in lieu of suspension ..................................................... 16 Testing - implied consent of drivers ............................................. 16 Testing - regulations/procedures .................................................. 16 Testing - refusal to submit .............................................................. 16 Watercraft/water-skiing-operating............................................... 16 IV. LAWS RELATING TO SALE, DISPENSING, AND ADMINISTERING 18 GENERAL ............................................................................................................ 18 Abortion - providing drugs for ...................................................... 18 Alcoholic beverage place used as a polling place .......................... 18 Correctional institutions -- dispensing........................................... 19 Warehouse licenses ............................................................................. 19 Drunkard or incompetent - sale/dispensing .............................. 19 Employees - encouraging purchase of alcohol ........................... 19 False representation of authority to prescribe drugs .................... 19 Felony - administration of drug in commission of................... 19 Legal distribution of controlled substances ....... :............................ 19 Dlegal place of sale ............................................................................... 20 Manufacture of drugs in the home .................................................. 20 Minors - sale/ dispensing of alcohol to ......................................... 20 New drugs - approval for sale, dispensing, or investigation .. 20 Paraphernalia - for use with controlled substances ................... 20 Pharmaceutical dispensing services - identification of fees .... 20 Piperidine - unlawful sale of .......................................................... 21 Prisoners or wards - illegal dispensing of drugs to .................... 21 Prohibited sale or exposure in certain locations ..........................
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