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11032. References to Narcotics, Restricted Dangerous Drugs,
Marijuana as Schedule I, II, III and IV Controlled Substances
Whenever reference is made to the term "narcotics" in any
provision of law outside of this division, unless otherwise
expressly provided, it shall be construed to mean controlled
substances classified in Schedules I and II, as defined in this
division. Whenever reference is made to "restricted dangerous
drugs" outside of this division, unless otherwise expressly
provided, it shall be construed to mean controlled substances
classified in Schedules III and IV. Whenever reference is made to
the term "marijuana" in any provision of law outside of this
division, unless otherwise expressly provided, it shall be
construed to mean marijuana as defined in this division.
11033. Isomer Defined
As used in this division, except as otherwise defined, the term
"isomer" includes optical and geometrical (diastereomeric)
isomers.
CHAPTER 2. STANDARDS AND SCHEDULES
11053. Substances Included by Whatever Name Used
The controlled substances listed or to be listed in the schedules
in this chapter are included by whatever official, common, usual,
chemical, or trade name designated.
11054. Schedule I Controlled Substances
(a) The controlled substances listed in this section are included
in Schedule I.
(b) Opiates. Unless specifically excepted or unless listed in
another schedule, any of the following opiates, including their
isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers whenever the existence of those isomers, esters, ethers,
and salts is possible within the specific chemical designation:
(1) Acetylmethadol.
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(2) Allylprodine.
(3) Alphacetylmethadol (except levoalphacetylmethadol, also
known as levo-alpha- acetylmethadol, levomethadyl acetate, or
LAAM).
(4) Alphameprodine.
(5) Alphamethadol.
(6) Benzethidine.
(7) Betacetylmethadol.
(8) Betameprodine.
(9) Betamethadol.
(10) Betaprodine.
(11) Clonitazene.
(12) Dextromoramide.
(13) Diampromide.
(14) Diethylthiambutene.
(15) Difenoxin.
(16) Dimenoxadol.
(17) Dimepheptanol.
(18) Dimethylthiambutene.
(19) Dioxaphetyl butyrate.
(20) Dipipanone.
(21) Ethylmethylthiambutene.
(22) Etonitazene.
(23) Etoxeridine.
(24) Furethidine.
(25) Hydroxypethidine.
(26) Ketobemidone.
(27) Levomoramide.
(28) Levophenacylmorphan.
(29) Morpheridine.
(30) Noracymethadol.
(31) Norlevorphanol.
(32) Normethadone.
(33) Norpipanone.
(34) Phenadoxone.
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(35) Phenampromide.
(36) Phenomorphan.
(37) Phenoperidine.
(38) Piritramide.
(39) Proheptazine.
(40) Properidine.
(41) Propiram.
(42) Racemoramide.
(43) Tilidine.
(44) Trimeperidine.
(45) Any substance which contains any quantity of
acetylfentanyl (N-(1-phenethyl-4-piperidinyl) acetanilide) or a
derivative thereof.
(46) Any substance which contains any quantity of the
thiophene analog of acetylfentanyl (N-(1-(2-(2-thienyl)ethyl)-4-
piperidinyl) acetanilide) or a derivative thereof.
(47) 1-Methyl-4-Phenyl-4-Propionoxypiperidine (MPPP).
(48) 1-(2-Phenethyl)-4-Phenyl-4-Acetyloxypiperidine (PEPAP).
(c) Opium derivatives. Unless specifically excepted or unless
listed in another schedule, any of the following opium
derivatives, its salts, isomers, and salts of isomers whenever the
existence of those salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(1) Acetorphine.
(2) Acetyldihydrocodeine.
(3) Benzylmorphine.
(4) Codeine methylbromide.
(5) Codeine-N-Oxide.
(6) Cyprenorphine.
(7) Desomorphine.
(8) Dihydromorphine.
(9) Drotebanol.
(10) Etorphine (except hydrochloride salt).
(11) Heroin.
(12) Hydromorphinol.
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(13) Methyldesorphine.
(14) Methyldihydromorphine.
(15) Morphine methylbromide.
(16) Morphine methylsulfonate.
(17) Morphine-N-Oxide.
(18) Myrophine.
(19) Nicocodeine.
(20) Nicomorphine.
(21) Normorphine.
(22) Pholcodine.
(23) Thebacon.
(d) Hallucinogenic substances. Unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture, or preparation, which contains any quantity of the
following hallucinogenic substances, or which contains any of its
salts, isomers, and salts of isomers whenever the existence of
those salts, isomers, and salts of isomers is possible within the
specific chemical designation (for purposes of this subdivision
only, the term "isomer" includes the optical, position, and
geometric isomers):
(1) 4-bromo-2,5-dimethoxy-amphetamine--Some trade or other
names: 4-bromo-2,5-dimethoxy-alphamethylphenethylamine;
4-bromo-2,5-DMA.
(2) 2,5-dimethoxyamphetamine--Some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA.
(3) 4-methoxyamphetamine--Some trade or other names: 4-
methoxy-alpha-methylphenethylamine,
paramethoxyamphetamine, PMA.
(4) 5-methoxy-3,4-methylenedioxy-amphetamine.
(5) 4-methyl-2,5-dimethoxy-amphetamine--Some trade or other
names: 4-methyl-2,5-dimethoxy-alphamethylphenethylamine;
"DOM"; and "STP."
(6) 3,4-methylenedioxy amphetamine.
(7) 3,4,5-trimethoxy amphetamine.
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(8) Bufotenine--Some trade or other names: 3-(beta-
dimethylaminoethyl)-5-hydroxyindole; 3-(2-
dimethylaminoethyl)-5indolol; N,N-dimethylserolonin, 5-hydroxy-
N,N-dimethyltryptamine; mappine.
(9) Diethyltryptamine--Some trade or other names:N,N-
Diethyltryptamine; DET.
(10) Dimethyltryptamine--Some trade or other names: DMT.
(11) Ibogaine--Some trade or other names: 7-Ethyl-6,6beta,
7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5Hpyrido
(1',2':1,2) azepino (5,4-b) indole; Tabernantheiboga.
(12) Lysergic acid diethylamide.
(13) Cannabis.
(14) Mescaline.
(15) Peyote—Meaning all parts of the plant presently classified
botanically as Lophophora williamsii Lemaire, whether growing
or not, the seeds thereof, any extract from any part of the plant,
and every compound, manufacture, salts, derivative, mixture, or
preparation of the plant, its seeds or extracts (interprets 21
U.S.C. Sec. 812(c), Schedule 1(c)(12)).
(16) N-ethyl-3-piperidyl benzilate.
(17) N-methyl-3-piperidyl benzilate.
(18) Psilocybin.
(19) Psilocyn.
(20) Tetrahydrocannabinols. Synthetic equivalents of the
substances contained in the plant, or in the resinous extractives
of Cannabis, sp. and/or synthetic substances, derivatives, and
their isomers with similar chemical structure and
pharmacological activity such as the following: delta 1 cis or trans
tetrahydrocannabinol, and their optical isomers; delta 6 cis or
trans tetrahydrocannabinol, and their optical isomers; delta 3,4
cis or trans tetrahydrocannabinol, and its optical isomers.
Because nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of
numerical designation of atomic positions covered.
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(21) Ethylamine analog of phencyclidine--Some trade or other
names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine,
PCE.
(22) Pyrrolidine analog of phencyclidine--Some trade or other
names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCP, PHP.
(23) Thiophene analog of phencyclidine--Some trade or other
names: 1-(1-(2 thienyl)-cyclohexyl)-piperidine, 2- thienyl analog
of phencyclidine, TPCP, TCP.
(e) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of those salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) Mecloqualone.
(2) Methaqualone.
(3) Gamma hydroxybutyric acid (also known by other names
such as GHB; gamma hydroxy butyrate; 4-hydroxybutyrate; 4-
hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate),
including its immediate precursors, isomers, esters, ethers, salts,
and salts of isomers, esters, and ethers, including, but not limited
to, gammabutyrolactone, for which an application has not been
approved under Section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. Sec. 355).
(f) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a
stimulant effect on the central nervous system, including its
isomers:
(1) Cocaine base.
(2) Fenethylline, including its salts.
(3) N-Ethylamphetamine, including its salts.
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11055. Schedule II Controlled Substances
(a) The controlled substances listed in this section are included
in Schedule II.
(b) Any of the following substances, except those narcotic drugs
listed in other schedules, whether produced directly or indirectly
by extraction from substances of vegetable origin, or
independently by means of chemical synthesis, or by
combination of extraction and chemical synthesis:
(1) Opium, opiate, and any salt, compound, derivative, or
preparation of opium or opiate, with the exception of naloxone
hydrochloride (N-allyl-14-hydroxy-nordihydromorphinone
hydrochloride), but including the following:
(A) Raw opium.
(B) Opium extracts.
(C) Opium fluid extracts.
(D) Powdered opium.
(E) Granulated opium.
(F) Tincture of opium.
(G) Codeine.
(H) Ethylmorphine.
(I) (i) Hydrocodone.
(ii) Hydrocodone combination products with not more than 300
milligrams of dihydrocodeinone per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active
nonnarcotic ingredients in recognized therapeutic amounts.
(iii) Oral liquid preparations of dihydrocodeinone containing the
above specified amounts that contain, as its nonnarcotic
ingredients, two or more antihistamines in combination with
each other.
(iv) Hydrocodone combination products with not more than 300
milligrams of dihydrocodeinone per 100 milliliters or not more
than 15 milligrams per dosage unit, with a fourfold or greater
quantity of an isoquinoline alkaloid of opium.
(J) Hydromorphone.
(K) Metopon.
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(L) Morphine.
(M) Oxycodone.
(N) Oxymorphone.
(O) Thebaine.
(2) Any salt, compound, isomer, or derivative, whether natural
or synthetic, of the substances referred to in paragraph (1), but
not including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative, or
preparation of coca leaves, but not including decocainized coca
leaves or extractions which do not contain cocaine or ecgonine.
(5) Concentrate of poppy straw (the crude extract of poppy
straw in either liquid, solid, or powder form which contains the
phenanthrene alkaloids of the opium poppy).
(6) Cocaine, except as specified in Section 11054.
(7) Ecgonine, whether natural or synthetic, or any salt, isomer,
derivative, or preparation thereof.
(c) Opiates. Unless specifically excepted or unless in another
schedule, any of the following opiates, including its isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers
whenever the existence of those isomers, esters, ethers, and
salts is possible within the specific chemical designation,
dextrorphan and levopropoxyphene excepted:
(1) Alfentanyl.
(2) Alphaprodine.
(3) Anileridine.
(4) Bezitramide.
(5) Bulk dextropropoxyphene (nondosage forms).
(6) Dihydrocodeine.
(7) Diphenoxylate.
(8) Fentanyl.
(9) Isomethadone.
(10) Levoalphacetylmethadol, also known as levo-alpha-
acetylmethadol, levomethadyl acetate, or LAAM. This substance
is authorized for the treatment of narcotic addicts under federal
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law (see Part 291 (commencing with Section 291.501) and Part
1308 (commencing with Section 1308.01) of Title 21 of the Code
of Federal Regulations).
(11) Levomethorphan.
(12) Levorphanol.
(13) Metazocine.
(14) Methadone.
(15) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-
diphenyl butane.
(16) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-
diphenylpropane-carboxylic acid.
(17) Pethidine (meperidine).
(18) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-
phenylpiperidine.
(19) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-
carboxylate.
(20) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-
carboxylic acid.
(21) Phenazocine.
(22) Piminodine.
(23) Racemethorphan.
(24) Racemorphan.
(25) Sufentanyl.
(d) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system:
(1) Amphetamine, its salts, optical isomers, and salts of its
optical isomers.
(2) Methamphetamine, its salts, isomers, and salts of its
isomers.
(3) Dimethylamphetamine (N,N-dimethylamphetamine), its
salts, isomers, and salts of its isomers.
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(4) N-Ethylmethamphetamine (N-ethyl, N-methylamphetamine),
its salts, isomers, and salts of its isomers.
(5) Phenmetrazine and its salts.
(6) Methylphenidate.
(7) Khat, which includes all parts of the plant classified
botanically as Catha Edulis, whether growing or not, the seeds
thereof, any extract from any part of the plant, and every
compound, manufacture, salt, derivative, mixture, or preparation
of the plant, its seeds, or extracts.
(8) Cathinone (also known as alpha-aminopropiophenone, 2-
aminopropiophenone, and norephedrone).
(e) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of those salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) Amobarbital.
(2) Pentobarbital.
(3) Phencyclidines, including the following:
(A) 1-(1-phenylcyclohexyl) piperidine (PCP).
(B) 1-(1-phenylcyclohexyl) morpholine (PCM).
(C) Any analog of phencyclidine which is added by the Attorney
General by regulation pursuant to this paragraph. The Attorney
General, or his or her designee, may, by rule or regulation, add
additional analogs of phencyclidine to those enumerated in this
paragraph after notice, posting, and hearing pursuant to Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code. The Attorney General shall, in
the calendar year of the regular session of the Legislature in
which the rule or regulation is adopted, submit a draft of a
proposed bill to each house of the Legislature which would
incorporate the analogs into this code. No rule or regulation shall
remain in effect beyond January 1 after the calendar year of the
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regular session in which the draft of the proposed bill is
submitted to each house. However, if the draft of the proposed
bill is submitted during a recess of the Legislature exceeding 45
calendar days, the rule or regulation shall be effective until
January 1 after the next calendar year.
(4) Secobarbital.
(5) Glutethimide.
(f) Immediate precursors. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances:
(1) Immediate precursor to amphetamine and
methamphetamine:
(A) Phenylacetone. Some trade or other names: phenyl-2
propanone; P2P; benzyl methyl ketone; methyl benzyl ketone.
(2) Immediate precursors to phencyclidine (PCP):
(A) 1-phenylcyclohexylamine.
(B) 1-piperidinocyclohexane carbonitrile (PCC).
11056. Schedule III Controlled Substances
(a) The controlled substances listed in this section are included
in Schedule III.
(b) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation that contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers (whether optical, position, or
geometric), and salts of those isomers whenever the existence of
those salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(1) Those compounds, mixtures, or preparations in dosage unit
form containing any stimulant substances listed in Schedule II
which compounds, mixtures, or preparations were listed on
August 25, 1971, as excepted compounds under Section 1308.32
of Title 21 of the Code of Federal Regulations, and any other drug
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of the quantitative composition shown in that list for those drugs
or that is the same except that it contains a lesser quantity of
controlled substances.
(2) Benzphetamine.
(3) Chlorphentermine.
(4) Clortermine.
(5) Mazindol.
(6) Phendimetrazine.
(c) Depressants. Unless specifically excepted in Section 11059 or
elsewhere, or unless listed in another schedule, any material,
compound, mixture, or preparation that contains any quantity of
the following substances having a depressant effect on the
central nervous system:
(1) Any compound, mixture, or preparation containing any of
the following:
(A) Amobarbital.
(B) Secobarbital.
(C) Pentobarbital or any salt thereof and one or more other
active medicinal ingredients that are not listed in any schedule.
(2) Any suppository dosage form containing any of the
following:
(A) Amobarbital.
(B) Secobarbital.
(C) Pentobarbital or any salt of any of these drugs and approved
by the federal Food and Drug Administration for marketing only
as a suppository.
(3) Any substance that contains any quantity of a derivative of
barbituric acid or any salt thereof.
(4) Chlorhexadol.
(5) Lysergic acid.
(6) Lysergic acid amide.
(7) Methyprylon.
(8) Sulfondiethylmethane.
(9) Sulfonethylmethane.
(10) Sulfonmethane.
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(11) Gamma hydroxybutyric acid, and its salts, isomers, and salts
of isomers, contained in a drug product for which an application
has been approved under Section 505 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. Sec. 355).
(d) Nalorphine.
(e) Narcotic drugs. Unless specifically excepted or unless listed
in another schedule, any material, compound, mixture, or
preparation containing any of the following narcotic drugs, or
their salts calculated as the free anhydrous base or alkaloid, in
limited quantities as set forth below:
(1) Not more than 1.8 grams of codeine per 100 milliliters or not
more than 90 milligrams per dosage unit, with an equal or
greater quantity of an isoquinoline alkaloid of opium.
(2) Not more than 1.8 grams of codeine per 100 milliliters or not
more than 90 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic
amounts.
(3) Not more than 1.8 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage unit, with
one or more active nonnarcotic ingredients in recognized
therapeutic amounts.
(4) Not more than 300 milligrams of ethylmorphine per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
(5) Not more than 500 milligrams of opium per 100 milliliters or
per 100 grams or not more than 25 milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
(6) Not more than 50 milligrams of morphine per 100 milliliters
or per 100 grams, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
(f) Anabolic steroids and chorionic gonadotropin. Any material,
compound, mixture, or preparation containing chorionic
gonadotropin or an anabolic steroid (excluding anabolic steroid
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products listed in the “Table of Exempt Anabolic Steroid
Products” (Section 1308.34 of Title 21 of the Code of Federal
Regulations), as exempt from the federal Controlled Substances
Act (Section 801 and following of Title 21 of the United States
Code)), including, but not limited to, the following:
(1) Androisoxazole.
(2) Androstenediol.
(3) Bolandiol.
(4) Bolasterone.
(5) Boldenone.
(6) Chloromethandienone.
(7) Clostebol.
(8) Dihydromesterone.
(9) Ethylestrenol.
(10) Fluoxymesterone.
(11) Formyldienolone.
(12)
4-Hydroxy-19-nortestosterone.
(13) Mesterolone.
(14) Methandriol.
(15) Methandrostenolone.
(16) Methenolone.
(17)
17-Methyltestosterone.
(18) Methyltrienolone.
(19) Nandrolone.
(20) Norbolethone.
(21) Norethandrolone.
(22) Normethandrolone.
(23) Oxandrolone.
(24) Oxymesterone.
(25) Oxymetholone.
(26) Quinbolone.
(27) Stanolone.
(28) Stanozolol.
(29) Stenbolone.
(30) Testosterone.
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(31) Trenbolone.
(32) Human chorionic gonadotropin (hCG), except when
possessed by, sold to, purchased by, transferred to, or
administered by a licensed veterinarian, or a licensed
veterinarian’s designated agent, exclusively for veterinary use.
(g) Ketamine. Any material, compound, mixture, or preparation
containing ketamine.
(h) Hallucinogenic substances. Any of the following
hallucinogenic substances: dronabinol (synthetic) in sesame oil
and encapsulated in a soft gelatin capsule in a drug product
approved by the federal Food and Drug Administration.
11057. Schedule IV Controlled Substances
(a) The controlled substances listed in this section are included
in Schedule IV.
(b) Schedule IV shall consist of the drugs and other substances,
by whatever official name, common or usual name, chemical
name, or brand name designated, listed in this section.
(c) Narcotic drugs. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation containing any of the following narcotic drugs, or
their salts calculated as the free anhydrous base or alkaloid, in
limited quantities as set forth below:
(1) Not more than 1 milligram of difenoxin and not less than 25
micrograms of atropine sulfate per dosage unit.
(2) Dextropropoxyphene
(alpha-(+)-4-dimethylamino-1, 2-
diphenyl-3-methyl-2-propionoxybutane).
(3) Butorphanol.
(d) Depressants. Unless specifically excepted in Section 11059 or
elsewhere, or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity
of the following substances, including its salts, isomers, and salts
of isomers whenever the existence of those salts, isomers, and
salts of isomers is possible within the specific chemical
designation:
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(1) Alprazolam.
(2) Barbital.
(3) Chloral betaine.
(4) Chloral hydrate.
(5) Chlordiazepoxide.
(6) Clobazam.
(7) Clonazepam.
(8) Clorazepate.
(9) Diazepam.
(10) Estazolam.
(11) Ethchlorvynol.
(12) Ethinamate.
(13) Flunitrazepam.
(14) Flurazepam.
(15) Halazepam.
(16) Lorazepam.
(17) Mebutamate.
(18) Meprobamate.
(19) Methohexital.
(20) Methylphenobarbital (Mephobarbital).
(21) Midazolam.
(22) Nitrazepam.
(23) Oxazepam.
(24) Paraldehyde.
(25) Petrichoral.
(26) Phenobarbital.
(27) Prazepam.
(28) Quazepam.
(29) Temazepam.
(30) Triazolam.
(31) Zaleplon.
(32) Zolpidem.
(e) Fenfluramine. Any material, compound, mixture, or
preparation which contains any quantity of the following
substances, including its salts, isomers (whether optical, position,
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or geometric), and salts of those isomers, whenever the
existence of those salts, isomers, and salts of isomers is possible:
(1) Fenfluramine.
(f) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers (whether optical, position, or
geometric), and salts of those isomers is possible within the
specific chemical designation:
(1) Diethylpropion.
(2) Mazindol.
(3) Modafinil.
(4) Phentermine.
(5) Pemoline (including organometallic complexes and chelates
thereof).
(6) Pipradrol.
(7) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(8) Cathine ((+)-norpseudoephedrine).
(g) Other substances. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of pentazocine,
including its salts.
11058. Schedule V Controlled Substances
(a) The controlled substances listed in this section are included
in Schedule V.
(b) Schedule V shall consist of the drugs and other substances,
by whatever official name, common or usual name, chemical
name, or brand name designated, listed in this section.
(c) Narcotic drugs containing nonnarcotic active medicinal
ingredients. Any compound, mixture, or preparation containing
any of the following narcotic drugs, or their salts calculated as
the free anhydrous base or alkaloid, in limited quantities as set
forth below, which shall include one or more nonnarcotic active
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medicinal ingredients in sufficient proportion to confer upon the
compound, mixture, or preparation valuable medicinal qualities
other than those possessed by narcotic drugs alone:
(1) Not more than 200 milligrams of codeine per 100 milliliters
or per 100 grams.
(2) Not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams.
(3) Not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams.
(4) Not more than 2.5 milligrams of diphenoxylate and not less
than 25 micrograms of atropine sulfate per dosage unit.
(5) Not more than 100 milligrams of opium per 100 milliliters or
per 100 grams.
(6) Not more than 0.5 milligram of difenoxin and not less than
25 micrograms of atropine sulfate per dosage unit.
(d) Buprenorphine.
11059. Schedule Exceptions
(a) Specific compounds, mixtures, or preparations that contain
a nonnarcotic controlled substance in combination with a
derivative of barbituric acid or any salt thereof that are listed in
the federal Table of Exempted Prescription Products and have
been exempted pursuant to federal law or regulation (Section
1308.32 of Title 21 of the Code of Federal Regulations or its
successors), are excepted from scheduling under subdivision (c)
of Section 11056.
(b) Specific compounds, mixtures, or preparations that contain a
nonnarcotic controlled substance in combination with a
chlordiazepoxide or phenobarbital that are listed in the federal
Table of Exempted Prescription Products and have been
exempted from scheduling under federal law or regulation
(Section 1308.32 of Title 21 of the Code of Federal Regulations or
its successors) are excepted from scheduling under subdivision
(d) of Section 11057.
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CHAPTER 3. REGULATION AND CONTROL
Article 1. Reporting
11100. Report of Certain Chemical: Chemicals Included;
Exclusions; Penalties
(a) Any manufacturer, wholesaler, retailer, or other person or
entity in this state that sells, transfers, or otherwise furnishes any
of the following substances to any person or entity in this state or
any other state shall submit a report to the Department of Justice
of all of those transactions:
(1) Phenyl-2-propanone.
(2) Methylamine.
(3) Ethylamine.
(4) D-lysergic acid.
(5) Ergotamine tartrate.
(6) Diethyl malonate.
(7) Malonic acid.
(8) Ethyl malonate.
(9) Barbituric acid.
(10) Piperidine.
(11) N-acetylanthranilic acid.
(12) Pyrrolidine.
(13) Phenylacetic acid.
(14) Anthranilic acid.
(15) Morpholine.
(16) Ephedrine.
(17) Pseudoephedrine.
(18) Norpseudoephedrine.
(19) Phenylpropanolamine.
(20) Propionic anhydride.
(21) Isosafrole.
(22) Safrole.
(23) Piperonal.
(24) Thionyl chloride.
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(25) Benzyl cyanide.
(26) Ergonovine maleate.
(27) N-methylephedrine.
(28) N-ethylephedrine.
(29) N-methylpseudoephedrine.
(30) N-ethylpseudoephedrine.
(31) Chloroephedrine.
(32) Chloropseudoephedrine.
(33) Hydriodic acid.
(34) Gamma-butyrolactone, including butyrolactone;
butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro;
dihydro-2(3H)-furanone; tetrahydro-2-furanone; 1,2-butanolide;
1,4-butanolide; 4-butanolide; gamma-hydroxybutyric acid
lactone; 3-hydroxybutyric acid lactone and 4-hydroxybutanoic
acid lactone with Chemical Abstract Service number (96-48-0).
(35) 1,4-butanediol, including butanediol; butane-1,4-diol; 1,4-
butylene glycol; butylene glycol; 1,4-dihydroxybutane; 1,4-
tetramethylene glycol; tetramethylene glycol; tetramethylene
1,4-diol with Chemical Abstract Service number (110-63-4).
(36) Red phosphorus, including white phosphorus,
hypophosphorous acid and its salts, ammonium hypophosphite,
calcium hypophosphite, iron hypophosphite, potassium
hypophosphite, manganese hypophosphite, magnesium
hypophosphite, sodium hypophosphite, and phosphorous acid
and its salts.
(37) Iodine or tincture of iodine.
(38) Any of the substances listed by the Department of Justice in
regulations promulgated pursuant to subdivision (b).
(b) The Department of Justice may adopt rules and regulations
in accordance with Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code that add
substances to subdivision (a) if the substance is a precursor to a
controlled substance and delete substances from subdivision (a).
However, no regulation adding or deleting a substance shall have
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any effect beyond March 1 of the year following the calendar
year during which the regulation was adopted.
(c) (1) (A) Any manufacturer, wholesaler, retailer, or other
person or entity in this state, prior to selling, transferring, or
otherwise furnishing any substance specified in subdivision (a) to
any person or business entity in this state or any other state, shall
require (i) a letter of authorization from that person or business
entity that includes the currently valid business license number
or federal Drug Enforcement Administration (DEA) registration
number, the address of the business, and a full description of
how the substance is to be used, and (ii) proper identification
from the purchaser. The manufacturer, wholesaler, retailer, or
other person or entity in this state shall retain this information in
a readily available manner for three years. The requirement for a
full description of how the substance is to be used does not
require the person or business entity to reveal their chemical
processes that are typically considered trade secrets and
proprietary information.
(B) For the purposes of this paragraph, “proper identification”
for in-state or out-of-state purchasers includes two or more of
the following: federal tax identification number; seller’s permit
identification number; city or county business license number;
license issued by the State Department of Public Health;
registration number issued by the federal Drug Enforcement
Administration; precursor business permit number issued by the
Department of Justice; driver’s license; or other identification
issued by a state.
(2) (A) Any manufacturer, wholesaler, retailer, or other person
or entity in this state that exports a substance specified in
subdivision (a) to any person or business entity located in a
foreign country shall, on or before the date of exportation,
submit to the Department of Justice a notification of that
transaction, which notification shall include the name and
quantity of the substance to be exported and the name, address,
and, if assigned by the foreign country or subdivision thereof,
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business identification number of the person or business entity
located in a foreign country importing the substance.
(B) The department may authorize the submission of the
notification on a monthly basis with respect to repeated, regular
transactions between an exporter and an importer involving a
substance specified in subdivision (a), if the department
determines that a pattern of regular supply of the substance
exists between the exporter and importer and that the importer
has established a record of utilization of the substance for lawful
purposes.
(d) (1) Any manufacturer, wholesaler, retailer, or other person
or entity in this state that sells, transfers, or otherwise furnishes
a substance specified in subdivision (a) to a person or business
entity in this state or any other state shall, not less than 21 days
prior to delivery of the substance, submit a report of the
transaction, which includes the identification information
specified in subdivision (c), to the Department of Justice. The
Department of Justice may authorize the submission of the
reports on a monthly basis with respect to repeated, regular
transactions between the furnisher and the recipient involving
the substance or substances if the Department of Justice
determines that a pattern of regular supply of the substance or
substances exists between the manufacturer, wholesaler,
retailer, or other person or entity that sells, transfers, or
otherwise furnishes the substance or substances and the
recipient of the substance or substances, and the recipient has
established a record of utilization of the substance or substances
for lawful purposes.
(2) The person selling, transferring, or otherwise furnishing any
substance specified in subdivision (a) shall affix his or her
signature or otherwise identify himself or herself as a witness to
the identification of the purchaser or purchasing individual, and
shall, if a common carrier is used, maintain a manifest of the
delivery to the purchaser for three years.
(e) This section shall not apply to any of the following:
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(1) Any pharmacist or other authorized person who sells or
furnishes a substance upon the prescription of a physician,
dentist, podiatrist, or veterinarian.
(2) Any physician, dentist, podiatrist, or veterinarian who
administers or furnishes a substance to his or her patients.
(3) Any manufacturer or wholesaler licensed by the California
State Board of Pharmacy that sells, transfers, or otherwise
furnishes a substance to a licensed pharmacy, physician, dentist,
podiatrist, or veterinarian, or a retail distributor as defined in
subdivision (h), provided that the manufacturer or wholesaler
submits records of any suspicious sales or transfers as
determined by the Department of Justice.
(4) Any analytical research facility that is registered with the
federal Drug Enforcement Administration of the United States
Department of Justice.
(5) A state-licensed health care facility that administers or
furnishes a substance to its patients.
(6) (A) Any sale, transfer, furnishing, or receipt of any product
that contains ephedrine, pseudoephedrine, norpseudoephedrine,
or phenylpropanolamine and which is lawfully sold, transferred,
or furnished over the counter without a prescription pursuant to
the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et
seq.) or regulations adopted thereunder. However, this section
shall apply to preparations in solid or liquid dosage form, except
pediatric liquid forms, as defined, containing ephedrine,
pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine where the individual transaction involves
more than three packages or nine grams of ephedrine,
pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine.
(B) Any ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine product subsequently removed from
exemption pursuant to Section 814 of Title 21 of the United
States Code shall similarly no longer be exempt from any state
reporting or permitting requirement, unless otherwise reinstated
622
pursuant to subdivision (d) or (e) of Section 814 of Title 21 of the
United States Code as an exempt product.
(7) The sale, transfer, furnishing, or receipt of any betadine or
povidone solution with an iodine content not exceeding 1
percent in containers of eight ounces or less, or any tincture of
iodine not exceeding 2 percent in containers of one ounce or
less, that is sold over the counter.
(8) Any transfer of a substance specified in subdivision (a) for
purposes of lawful disposal as waste.
(f) (1) Any person specified in subdivision (a) or (d) who does not
submit a report as required by that subdivision or who knowingly
submits a report with false or fictitious information shall be
punished by imprisonment in a county jail not exceeding six
months, by a fine not exceeding five thousand dollars ($5,000), or
by both the fine and imprisonment.
(2) Any person specified in subdivision (a) or (d) who has
previously been convicted of a violation of paragraph (1) shall,
upon a subsequent conviction thereof, be punished by
imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code, or by imprisonment in a county jail not exceeding
one year, by a fine not exceeding one hundred thousand dollars
($100,000), or by both the fine and imprisonment.
(g) (1) Except as otherwise provided in subparagraph (A) of
paragraph (6) of subdivision (e), it is unlawful for any
manufacturer, wholesaler, retailer, or other person to sell,
transfer, or otherwise furnish a substance specified in subdivision
(a) to a person under 18 years of age.
(2) Except as otherwise provided in subparagraph (A) of
paragraph (6) of subdivision (e), it is unlawful for any person
under 18 years of age to possess a substance specified in
subdivision (a).
(3) Notwithstanding any other law, it is unlawful for any retail
distributor to (i) sell in a single transaction more than three
packages of a product that he or she knows to contain ephedrine,
pseudoephedrine, norpseudoephedrine, or
623
phenylpropanolamine, or (ii) knowingly sell more than nine
grams of ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine, other than pediatric liquids as defined.
Except as otherwise provided in this section, the three package
per transaction limitation or nine gram per transaction limitation
imposed by this paragraph shall apply to any product that is
lawfully sold, transferred, or furnished over the counter without
a prescription pursuant to the federal Food, Drug, and Cosmetic
Act (21 U.S.C. Sec. 301 et seq.), or regulations adopted
thereunder, unless exempted from the requirements of the
federal Controlled Substances Act by the federal Drug
Enforcement Administration pursuant to Section 814 of Title 21
of the United States Code.
(4) (A) A first violation of this subdivision is a misdemeanor.
(B) Any person who has previously been convicted of a violation
of this subdivision shall, upon a subsequent conviction thereof,
be punished by imprisonment in a county jail not exceeding one
year, by a fine not exceeding ten thousand dollars ($10,000), or
by both the fine and imprisonment.
(h) For the purposes of this article, the following terms have the
following meanings:
(1) “Drug store” is any entity described in Code 5912 of the
Standard Industrial Classification (SIC) Manual published by the
United States Office of Management and Budget, 1987 edition.
(2) “General merchandise store” is any entity described in Codes
5311 to 5399, inclusive, and Code 5499 of the Standard Industrial
Classification (SIC) Manual published by the United States Office
of Management and Budget, 1987 edition.
(3) “Grocery store” is any entity described in Code 5411 of the
Standard Industrial Classification (SIC) Manual published by the
United States Office of Management and Budget, 1987 edition.
(4) “Pediatric liquid” means a nonencapsulated liquid whose
unit measure according to product labeling is stated in
milligrams, ounces, or other similar measure. In no instance shall
the dosage units exceed 15 milligrams of phenylpropanolamine
624
or pseudoephedrine per five milliliters of liquid product, except
for liquid products primarily intended for administration to
children under two years of age for which the recommended
dosage unit does not exceed two milliliters and the total package
content does not exceed one fluid ounce.
(5) “Retail distributor” means a grocery store, general
merchandise store, drugstore, or other related entity, the
activities of which, as a distributor of ephedrine,
pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine products, are limited exclusively to the
sale of ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine products for personal use both in number
of sales and volume of sales, either directly to walk-in customers
or in face-to-face transactions by direct sales. “Retail distributor”
includes an entity that makes a direct sale, but does not include
the parent company of that entity if the company is not involved
in direct sales regulated by this article.
(6) “Sale for personal use” means the sale in a single transaction
to an individual customer for a legitimate medical use of a
product containing ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine in dosages at or
below that specified in paragraph (3) of subdivision (g). “Sale for
personal use” also includes the sale of those products to
employers to be dispensed to employees from first-aid kits or
medicine chests.
(i) It is the intent of the Legislature that this section shall
preempt all local ordinances or regulations governing the sale by
a retail distributor of over-the-counter products containing
ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine.
625
11100.05. Drug Cleanup Fine
(a) In addition to any fine or imprisonment imposed under
subdivision (f) of Section 11100 or subdivision (j) of Section
11106 of the Health and Safety Code, the following drug cleanup
fine shall be imposed:
(1) Ten thousand dollars ($10,000) for violations described in
paragraph (1) of subdivision (f) of Section 11100.
(2) One hundred thousand dollars ($100,000) for violations
described in paragraph (2) of subdivision (f) of Section 11100.
(3) Ten thousand dollars ($10,000) for violations described in
subdivision (j) of Section 11106.
(b) At least once a month, all fines collected under this section
shall be transferred to the State Treasury for deposit in the
Clandestine Drug Lab Clean-up Account. The transmission to the
State Treasury shall be carried out in the same manner as fines
collected for the state by a county.
11100.1. Report of Chemicals Received from Outside State;
Penalties
(a) Any manufacturer, wholesaler, retailer, or other person or
entity in this state that obtains from a source outside of this state
any substance specified in subdivision (a) of Section 11100 shall
submit a report of that transaction to the Department of Justice
21 days in advance of obtaining the substance. However, the
Department of Justice may authorize the submission of reports
within 72 hours, or within a timeframe and in a manner
acceptable to the Department of Justice, after the actual physical
obtaining of a specified substance with respect to repeated
transactions between a furnisher and an obtainer involving the
substances, if the Department of Justice determines that the
obtainer has established a record of utilization of the substances
for lawful purposes. This section does not apply to any person
whose prescribing or dispensing activities are subject to the
reporting requirements set forth in Section 11164; any
manufacturer or wholesaler who is licensed by the California
626
State Board of Pharmacy and also registered with the federal
Drug Enforcement Administration of the United States
Department of Justice; any analytical research facility that is
registered with the federal Drug Enforcement Administration of
the United States Department of Justice; or any state-licensed
health care facility.
(b) (1) Any person specified in subdivision (a) who does not
submit a report as required by that subdivision shall be
punished by imprisonment in a county jail not exceeding six
months, by a fine not exceeding five thousand dollars ($5,000), or
by both that fine and imprisonment.
(2) Any person specified in subdivision (a) who has been
previously convicted of a violation of subdivision (a) who
subsequently does not submit a report as required by subdivision
(a) shall be punished by imprisonment in the state prison, or by
imprisonment in a county jail not exceeding one year, by a fine
not exceeding one hundred thousand dollars ($100,000), or by
both that fine and imprisonment.
11101. Reporting Form Contents
The State Department of Justice shall provide a common
reporting form for the substances in Section 11100 which
contains at least the following information:
(a) Name of the substance.
(b) Quantity of the substance sold, transferred, or furnished.
(c) The date the substance was sold, transferred, or furnished.
(d) The name and address of the person buying or receiving
such substance.
(e) The name and address of the manufacturer, wholesaler,
retailer, or other person selling, transferring, or furnishing such
substance.
11102. Adoption of Necessary Regulations
The Department of Justice may adopt all regulations necessary
to carry out the provisions of this part.
627
11103. Report of Theft, Loss, or Shipping Discrepancy
The theft or loss of any substance regulated pursuant to Section
11100 discovered by any permittee or any person regulated by
the provisions of this chapter shall be reported in writing to the
Department of Justice within three days after the discovery. Any
difference between the quantity of any substance regulated
pursuant to Section 11100 received and the quantity shipped
shall be reported in writing to the Department of Justice within
three days of the receipt of actual knowledge of the discrepancy.
Any report made pursuant to this section shall also include the
name of the common carrier or person who transports the
substance and date of shipment of the substance.
11104. Providing Chemical for Illicit Manufacturing: Evasion of
Reporting Requirements; Penalties
(a) Any manufacturer, wholesaler, retailer, or other person or
entity that sells, transfers, or otherwise furnishes any of the
substances listed in subdivision (a) of Section 11100 with
knowledge or the intent that the recipient will use the substance
to unlawfully manufacture a controlled substance is guilty of a
felony.
(b) Any manufacturer, wholesaler, retailer, or other person or
entity that sells, transfers, or otherwise furnishes any laboratory
glassware or apparatus, any chemical reagent or solvent, or any
combination thereof, or any chemical substance specified in
Section 11107.1, with knowledge that the recipient will use the
goods or chemical substance to unlawfully manufacture a
controlled substance, is guilty of a misdemeanor.
(c) Any person who receives or distributes any substance listed
in subdivision (a) of Section 11100, or any laboratory glassware
or apparatus, any chemical reagent or solvent, or any
combination thereof, or any chemical substance specified in
Section 11107.1, with the intent of causing the evasion of the
recordkeeping or reporting requirements of this article, is guilty
of a misdemeanor.
628
11104.5. Illegal Possession of Certain Glassware or Lab
Apparatus
Any person who knowingly or intentionally possesses any
laboratory glassware or apparatus, any chemical reagent or
solvent, or any combination thereof, or any chemical substance
specified in paragraph (36) or (37) of subdivision (a) of Section
11100, Section 11107, or Section 11107.1, with the intent to
manufacture a controlled substance, is guilty of a misdemeanor.
11105. False Statement in Report
(a) It is unlawful for any person to knowingly make a false
statement in connection with any report or record required
under this article.
(b) (1) Any person who violates this section shall be punished by
imprisonment in the state prison, or by imprisonment in the
county jail not exceeding one year, or by a fine not exceeding five
thousand dollars ($5,000), or by both such fine and
imprisonment.
(2) Any person who has been previously convicted of violating
this section and who subsequently violates this section shall be
punished by imprisonment in the state prison for two, three, or
four years, or by a fine not exceeding one hundred thousand
dollars ($100,000), or by both such fine and imprisonment.
11106. Permit for Providing Chemicals; Process; Discipline;
Renewal and Fees
(a) (1) (A) Any manufacturer, wholesaler, retailer, or any other
person or entity in this state that sells, transfers, or otherwise
furnishes any substance specified in subdivision (a) of Section
11100 to a person or business entity in this state or any other
state or who obtains from a source outside of the state any
substance specified in subdivision (a) of Section 11100 shall
submit an application to, and obtain a permit for the conduct of
that business from, the Department of Justice. For any substance
added to the list set forth in subdivision (a) of Section 11100 on
629
or after January 1, 2002, the Department of Justice may
postpone the effective date of the requirement for a permit for a
period not to exceed six months from the listing date of the
substance.
(B) An intracompany transfer does not require a permit if the
transferor is a permittee. Transfers between company partners
or between a company and an analytical laboratory do not
require a permit if the transferor is a permittee and a report as to
the nature and extent of the transfer is made to the Department
of Justice pursuant to Section 11100 or 11100.1.
(C) This paragraph shall not apply to any manufacturer,
wholesaler, or wholesale distributor who is licensed by the
California State Board of Pharmacy and also registered with the
federal Drug Enforcement Administration of the United States
Department of Justice; any pharmacist or other authorized
person who sells or furnishes a substance upon the prescription
of a physician, dentist, podiatrist, or veterinarian; any state-
licensed health care facility, physician, dentist, podiatrist,
veterinarian, or veterinary food-animal drug retailer licensed by
the California State Board of Pharmacy that administers or
furnishes a substance to a patient; or any analytical research
facility that is registered with the federal Drug Enforcement
Administration of the United States Department of Justice.
(D) This paragraph shall not apply to the sale, transfer,
furnishing, or receipt of any betadine or povidone solution with
an iodine content not exceeding 1 percent in containers of eight
ounces or less, or any tincture of iodine not exceeding 2 percent
in containers of one ounce or less, that is sold over the counter.
(2) Except as provided in paragraph (3), no permit shall be
required of any manufacturer, wholesaler, retailer, or other
person or entity for the sale, transfer, furnishing, or obtaining of
any product which contains ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine and which is
lawfully sold, transferred, or furnished over the counter without
a prescription or by a prescription pursuant to the federal Food,
630
Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) or regulations
adopted thereunder.
(3) A permit shall be required for the sale, transfer, furnishing,
or obtaining of preparations in solid or liquid dosage form
containing ephedrine, pseudoephedrine, norpseudoephedrine,
or phenylpropanolamine, unless (A) thetransaction involves the
sale of ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine products by retail distributors as defined
by this article over the counter and without a prescription, or (B)
the transaction is made by a person or business entity exempted
from the permitting requirements of this subdivision under
paragraph (1).
(b) (1) The department shall provide application forms, which
are to be completed under penalty of perjury, in order to obtain
information relating to the identity of any applicant applying for a
permit, including, but not limited to, the business name of the
applicant or the individual name, and if a corporate entity, the
names of its board of directors, the business in which the
applicant is engaged, the business address of the applicant, a full
description of any substance to be sold, transferred, or otherwise
furnished or to be obtained, the specific purpose for the use,
sale, or transfer of those substances specified in subdivision (a) of
Section 11100, the training, experience, or education relating to
this use, and any additional information requested by the
department relating to possible grounds for denial as set forth in
this section, or by applicable regulations adopted by the
department.
(2) The requirement for the specific purpose for the use, sale, or
transfer of those substances specified in subdivision (a) of
Section 11100 does not require applicants or permittees to
reveal their chemical processes that are typically considered
trade secrets and proprietary business information.
(c) Applicants and permittees shall authorize the department, or
any of its duly authorized representatives, as a condition of being
permitted, to make any examination of the books and records of
631
any applicant, permittee, or other person, or visit and inspect the
business premises of any applicant or permittee during normal
business hours, as deemed necessary to enforce this chapter.
(d) An application may be denied, or a permit may be revoked
or suspended, for reasons which include, but are not limited to,
the following:
(1) Materially falsifying an application for a permit or an
application for the renewal of a permit.
(2) If any individual owner, manager, agent, representative, or
employee for the applicant who has direct access, management,
or control for any substance listed under subdivision (a) of
Section 11100, is or has been convicted of a misdemeanor or
felony relating to any of the substances listed under subdivision
(a) of Section 11100, any misdemeanor drug-related offense, or
any felony under the laws of this state or the United States.
(3) Failure to maintain effective controls against the diversion of
precursors to unauthorized persons or entities.
(4) Failure to comply with this article or any regulations of the
department adopted thereunder.
(5) Failure to provide the department, or any duly authorized
federal or state official, with access to any place for which a
permit has been issued, or for which an application for a permit
has been submitted, in the course of conducting a site
investigation, inspection, or audit; or failure to promptly produce
for the official conducting the site investigation, inspection, or
audit any book, record, or document requested by the official.
(6) Failure to provide adequate documentation of a legitimate
business purpose involving the applicant's or permittee's use of
any substance listed in subdivision (a) of Section 11100.
(7) Commission of any act which would demonstrate actual or
potential unfitness to hold a permit in light of the public safety
and welfare, which act is substantially related to the
qualifications, functions, or duties of a permitholder.
(8) If any individual owner, manager, agent, representative, or
employee for the applicant who has direct access, management,
632
or control for any substance listed under subdivision (a) of
Section 11100, willfully violates or has been convicted of
violating, any federal, state, or local criminal statute, rule, or
ordinance regulating the manufacture, maintenance, disposal,
sale, transfer, or furnishing of any of those substances.
(e) Notwithstanding any other provision of law, an investigation
of an individual applicant's qualifications, or the qualifications of
an applicant's owner, manager, agent, representative, or
employee who has direct access, management, or control of any
substance listed under subdivision (a) of Section 11100, for a
permit may include review of his or her summary criminal history
information pursuant to Sections 11105 and 13300 of the Penal
Code, including, but not limited to, records of convictions,
regardless of whether those convictions have been expunged
pursuant to Section 1203.4 of the Penal Code, and any arrests
pending adjudication.
(f) The department may retain jurisdiction of a canceled or
expired permit in order to proceed with any investigation or
disciplinary action relating to a permittee.
(g) The department may grant permits on forms prescribed by
it, which shall be effective for not more than one year from the
date of issuance and which shall not be transferable. Applications
and permits shall be uniform throughout the state, on forms
prescribed by the department.
(h) Each applicant shall pay at the time of filing an application
for a permit a fee determined by the department which shall not
exceed the application processing costs of the department.
(i) A permit granted pursuant to this article may be renewed
one year from the date of issuance, and annually thereafter,
following the timely filing of a complete renewal application with
all supporting documents, the payment of a permit renewal fee
not to exceed the application processing costs of the
department, and a review of the application by the department.
633
(j) Selling, transferring, or otherwise furnishing or obtaining any
substance specified in subdivision (a) of Section 11100 without a
permit is a misdemeanor or a felony.
(k) (1) No person under 18 years of age shall be eligible for a
permit under this section.
(2) No business for which a permit has been issued shall employ
a person under 18 years of age in the capacity of a manager,
agent, or representative.
(l) (1) An applicant, or an applicant's employees who have direct
access, management, or control of any substance listed under
subdivision (a) of Section 11100, for an initial permit shall submit
with the application one set of 10-print fingerprints for each
individual acting in the capacity of an owner, manager, agent, or
representative for the applicant, unless the applicant's
employees are exempted from this requirement by the
Department of Justice. These exemptions may only be obtained
upon the written request of the applicant.
(2) In the event of subsequent changes in ownership,
management, or employment, the permittee shall notify the
department in writing within 15 calendar days of the changes,
and shall submit one set of 10-print fingerprints for each
individual not previously fingerprinted under this section.
11106.5. Order Suspending or Imposing Permit Restrictions
(a) The Department of Justice, or an administrative law judge
sitting alone as provided in subdivision (h), may upon petition
issue an interim order suspending any permittee or imposing
permit restrictions. The petition shall include affidavits that
demonstrate, to the satisfaction of the department, both of the
following:
(1) The permittee has engaged in acts or omissions constituting
a violation of this code or has been convicted of a crime
substantially related to the permitted activity.
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(2) Permitting the permittee to operate, or to continue to
operate without restrictions, would endanger the public health,
safety, or welfare.
(b) No interim order provided for in this section shall be issued
without notice to the permittee, unless it appears from the
petition and supporting documents that serious injury would
result to the public before the matter could be heard on notice.
(c) Except as provided in subdivision (b), the permittee shall be
given at least 15 days’ notice of the hearing on the petition for an
interim order. The notice shall include documents submitted to
the department in support of the petition. If the order was
initially issued without notice as provided in subdivision (b), the
permittee shall be entitled to a hearing on the petition within 20
days of the issuance of the interim order without notice. The
permittee shall be given notice of the hearing within two days
after issuance of the initial interim order, and shall receive all
documents in support of the petition. The failure of the
department to provide a hearing within 20 days following
issuance of the interim order without notice, unless the
permittee waives his or her right to the hearing, shall result in the
dissolution of the interim order by operation of law.
(d) At the hearing on the petition for an interim order, the
permittee may do the following:
(1) Be represented by counsel.
(2) Have a record made of the proceedings, copies of which shall
be available to the permittee upon payment of costs computed in
accordance with the provisions for transcript costs for judicial
review contained in Section 11523 of the Government Code.
(3) Present affidavits and other documentary evidence.
(4) Present oral argument.
(e) The department, or an administrative law judge sitting alone
as provided in subdivision (h), shall issue a decision on the
petition for interim order within five business days following
submission of the matter. The standard of proof required to
obtain an interim order pursuant to this section shall be a
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preponderance of the evidence standard. If the interim order was
previously issued without notice, the department shall determine
whether the order shall remain in effect, be dissolved, or be
modified.
(f) The department shall file an accusation within 15 days of the
issuance of an interim order. In the case of an interim order
issued without notice, the time shall run from the date of the
order issued after the noticed hearing. If the permittee files a
notice of defense, the hearing shall be held within 30 days of the
agency’s receipt of the notice of defense. A decision shall be
rendered on the accusation no later than 30 days after
submission of the matter. Failure to comply with any of the
requirements in this subdivision shall dissolve the interim order
by operation of law.
(g) Interim orders shall be subject to judicial review pursuant to
Section 1094.5 of the Code of Civil Procedure and shall be heard
only in the superior court in and for the County of Sacramento,
San Francisco, Los Angeles, or San Diego. The review of an
interim order shall be limited to a determination of whether the
department abused its discretion in the issuance of the interim
order. Abuse of discretion is established if the respondent
department has not proceeded in the manner required by law, or
if the court determines that the interim order is not supported by
substantial evidence in light of the whole record.
(h) The department may, in its sole discretion, delegate the
hearing on any petition for an interim order to an administrative
law judge in the Office of Administrative Hearings. If the
department hears the noticed petition itself, an administrative
law judge shall preside at the hearing, rule on the admission and
exclusion of evidence, and advise the department on matters of
law. The department shall exercise all other powers relating to
the conduct of the hearing, but may delegate any or all of them
to the administrative law judge. When the petition has been
delegated to an administrative law judge, he or she shall sit alone
and exercise all of the powers of the department relating to the
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conduct of the hearing. A decision issued by an administrative
law judge sitting alone shall be final when it is filed with the
department. If the administrative law judge issues an interim
order without notice, he or she shall preside at the noticed
hearing, unless unavailable, in which case another administrative
law judge may hear the matter. The decision of the
administrative law judge sitting alone on the petition for an
interim order is final, subject only to judicial review in accordance
with subdivision (g).
(i) (1) Failure to comply with an interim order issued pursuant to
subdivision (a) or (b) shall constitute a separate cause for
disciplinary action against any permittee, and may be heard at,
and as a part of, the noticed hearing provided for in subdivision
(f). Allegations of noncompliance with the interim order may be
filed at any time prior to the rendering of a decision on the
accusation. Violation of the interim order is established upon
proof that the permittee was on notice of the interim order and
its terms, and that the order was in effect at the time of the
violation. The finding of a violation of an interim order made at
the hearing on the accusation shall be reviewed as a part of any
review of a final decision of the department.
(2) If the interim order issued by the department provides for
anything less than a complete suspension of the permittee and
the permittee violates the interim order prior to the hearing on
the accusation provided for in subdivision (f), the department
may, upon notice to the permittee and proof of violation, modify
or expand the interim order.
(j) A plea or verdict of guilty or a conviction after a plea of nolo
contendere is deemed to be a conviction within the meaning of
this section. A certified record of the conviction shall be
conclusive evidence of the fact that the conviction occurred. The
department may take action under this section notwithstanding
the fact that an appeal of the conviction may be taken.
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(k) The interim orders provided for by this section shall be in
addition to, and not a limitation on, the authority to seek
injunctive relief provided in any other provision of law.
11106.7. System for DOJ Citations to Permittees; Order of
Abatement or Order to Pay Fine; System Requirements
(a) The Department of Justice may establish, by regulation, a
system for the issuance to a permittee of a citation which may
contain an order of abatement or an order to pay an
administrative fine assessed by the Department of Justice, if the
permittee is in violation of any provision of this chapter or any
regulation adopted by the Department of Justice pursuant to this
chapter.
(b) The system shall contain the following provisions:
(1) Citations shall be in writing and shall describe with
particularity the nature of the violation, including specific
reference to the provision of law or regulation of the department
determined to have been violated.
(2) Whenever appropriate, the citation shall contain an order of
abatement fixing a reasonable time for abatement of the
violation.
(3) In no event shall the administrative fine assessed by the
department exceed two thousand five hundred dollars ($2,500)
for each violation. In assessing a fine, due consideration shall be
given to the appropriateness of the amount of the fine with
respect to such factors as the gravity of the violation, the good
faith of the permittee, and the history of previous violations.
(4) An order of abatement or a fine assessment issued pursuant
to a citation shall inform the permittee that if the permittee
desires a hearing to contest the finding of a violation, that
hearing shall be requested by written notice to the department
within 30 days of the date of issuance of the citation or
assessment. Hearings shall be held pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2
of the Government Code.
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(5) In addition to requesting a hearing, the permittee may,
within 10 days after service of the citation, request in writing an
opportunity for an informal conference with the department
regarding the citation. At the conclusion of the informal
conference, the department may affirm, modify, or dismiss the
citation, including any fine levied or order of abatement issued.
The decision shall be deemed to be a final order with regard to
the citation issued, including the fine levied and the order of
abatement. However, the permittee does not waive its right to
request a hearing to contest a citation by requesting an informal
conference. If the citation is dismissed after the informal
conference, the request for a hearing on the matter of the
citation shall be deemed to be withdrawn. If the citation,
including any fine levied or order of abatement, is modified, the
citation originally issued shall be considered withdrawn and a
new citation issued. If a hearing is requested for a subsequent
citation, it shall be requested within 30 days of service of that
subsequent citation.
(6) Failure of a permittee to pay a fine within 30 days of the date
of assessment or comply with an order of abatement within the
fixed time, unless the citation is being appealed, may result in
disciplinary action being taken by the department. If a citation is
not contested and a fine is not paid, the full amount of the
assessed fine shall be added to the renewal of the permit. A
permit shall not be renewed without payment of the renewal fee
and fine.
(c) The system may contain the following provisions:
(1) A citation may be issued without the assessment of an
administrative fine.
(2) Assessment of administrative fines may be limited to only
particular violations of the law or department regulations.
(d) Notwithstanding any other provision of law, if a fine is paid
to satisfy an assessment based on the finding of a violation,
payment of the fine shall be represented as satisfactory
resolution of the matter for purposes of public disclosure.
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