Narcotic and Alcohol
Topic areas of discussion:
Possession-
Possession for sale-
Sales of a controlled substance
Medical Marijuana-
Drug enforcement is an important element to the war on drugs however we can’t forget about two other crucial elements: treatment and education. There is a strong argument for zero tolerance and a lengthy incarceration for those who sell drugs but there is also an equally strong argument to put the drug addicts into intensive treatment. We can incarcerate a drug addict but we must remember to provide intensive treatment and then follow up with intensive support once the offender is released. For those less serious addicts we can utilize out-patient drug treatment centers and/or half-way houses. We also need to look at the significant element of education and the value it can have on our society, especially our children. We will never know the exact number of people who never try drugs after an educational session but we know for sure that many people make the decision to stay away from drugs once they are educated on the dangers (addiction/crime, etc) and the lengthy prison sentences that are often associated with drug use. Incarceration, treatment, and education all must be considered and utilized if we are to make a dent in the drug market.
Not to be pushed into the background is the discussion about DUI laws. Many horrible incidents can be associated with alcohol related crimes. We only have to turn on the evening news to hear about how another drunk driver killed someone in a horrific crash. The Federal Government has and is providing a lot of money to the states to combat alcohol related crashes. Many states receive funding called “safe and sober” or “nightcap” or “heat” where each jurisdiction can bring in extra police services on an overtime basis. These overtime shifts are solely dedicated to combating alcohol related crashes and the officers are not responsible for other routine calls. These types of programs are geared to taking drunk and reckless drivers off the road before they crash into someone. They have been very successful and have saved countless lives.
H & S
11377.
(a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is
(1) classified in Schedule III, IV, or V, and which is not a narcotic drug,
(2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d),
(3) specified in paragraph (11) of subdivision (c) of Section 11056,
(4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. (b) (1)
Any person who violates subdivision
(a) by unlawfully possessing a controlled substance specified in subdivision (f) of Section 11056, and who has not previously been convicted of a violation involving a controlled substance specified in subdivision (f) of Section 11056, is guilty of a misdemeanor. (2) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in subdivision (g) of Section 11056 is guilty of a misdemeanor. (3) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in paragraph (7) or (8) of subdivision (d) of Section 11055 is guilty of a misdemeanor. (4) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in paragraph (8) of subdivision (f) of Section 11057 is guilty of a misdemeanor. (c) In addition to any fine assessed under subdivision (b), the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a), with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
H & S
11350
11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. (b) Except as otherwise provided in this division, every person who possesses any controlled substance specified in subdivision (e) of Section 11054 shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. (c) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a) or (b), the judge may, in addition to any punishment provided for pursuant to subdivision (a) or (b), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant' s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. (d) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered: (1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service. (2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service. (3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.
Possession-
Possession for sale-
Sales of a controlled substance
Medical Marijuana-
Drug enforcement is an important element to the war on drugs however we can’t forget about two other crucial elements: treatment and education. There is a strong argument for zero tolerance and a lengthy incarceration for those who sell drugs but there is also an equally strong argument to put the drug addicts into intensive treatment. We can incarcerate a drug addict but we must remember to provide intensive treatment and then follow up with intensive support once the offender is released. For those less serious addicts we can utilize out-patient drug treatment centers and/or half-way houses. We also need to look at the significant element of education and the value it can have on our society, especially our children. We will never know the exact number of people who never try drugs after an educational session but we know for sure that many people make the decision to stay away from drugs once they are educated on the dangers (addiction/crime, etc) and the lengthy prison sentences that are often associated with drug use. Incarceration, treatment, and education all must be considered and utilized if we are to make a dent in the drug market.
Not to be pushed into the background is the discussion about DUI laws. Many horrible incidents can be associated with alcohol related crimes. We only have to turn on the evening news to hear about how another drunk driver killed someone in a horrific crash. The Federal Government has and is providing a lot of money to the states to combat alcohol related crashes. Many states receive funding called “safe and sober” or “nightcap” or “heat” where each jurisdiction can bring in extra police services on an overtime basis. These overtime shifts are solely dedicated to combating alcohol related crashes and the officers are not responsible for other routine calls. These types of programs are geared to taking drunk and reckless drivers off the road before they crash into someone. They have been very successful and have saved countless lives.
H & S
11377.
(a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is
(1) classified in Schedule III, IV, or V, and which is not a narcotic drug,
(2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d),
(3) specified in paragraph (11) of subdivision (c) of Section 11056,
(4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. (b) (1)
Any person who violates subdivision
(a) by unlawfully possessing a controlled substance specified in subdivision (f) of Section 11056, and who has not previously been convicted of a violation involving a controlled substance specified in subdivision (f) of Section 11056, is guilty of a misdemeanor. (2) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in subdivision (g) of Section 11056 is guilty of a misdemeanor. (3) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in paragraph (7) or (8) of subdivision (d) of Section 11055 is guilty of a misdemeanor. (4) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in paragraph (8) of subdivision (f) of Section 11057 is guilty of a misdemeanor. (c) In addition to any fine assessed under subdivision (b), the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a), with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
H & S
11350
11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. (b) Except as otherwise provided in this division, every person who possesses any controlled substance specified in subdivision (e) of Section 11054 shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. (c) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a) or (b), the judge may, in addition to any punishment provided for pursuant to subdivision (a) or (b), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant' s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. (d) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered: (1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service. (2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service. (3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.
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Methamphetamine's affect the brain in numerous ways.
Cocaine labs
Alcohol Rated offenses.
CVC 23152a DUI
23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(e) This section shall ( )1 remain in effect only until January 1, ( )2 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.
23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(e) This section shall ( )1 remain in effect only until January 1, ( )2 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.
Every state has many criminal laws aimed at the unauthorized possession or sale of alcohol, typically by or to minors.
A. Most states make these strict liability crimes, in the sense that a sale of alcohol to a minor is a crime even if the seller believed the minor to be of age
Drunk-driving prosecutions remain the most common alcohol-related crime. Prosecutions require either n
A. Failure of a blood test or breathalyzer test, or
B. Evidence from police administered field sobriety tests
(1) Horizontal Gaze Nystagmus - The eyes inability to follow the tracking of a target when moving from right to left.
(2) Walk-and-turn test - Typically drivers must walk in a straight line. At the end of that line, turn around with a certain amount of perversion.
(3) one-leg stand test - This is a balance test. A one leg stand usually is a 10 second standing on one leg. Usually right leg first, followed by left.
A. Most states make these strict liability crimes, in the sense that a sale of alcohol to a minor is a crime even if the seller believed the minor to be of age
Drunk-driving prosecutions remain the most common alcohol-related crime. Prosecutions require either n
A. Failure of a blood test or breathalyzer test, or
B. Evidence from police administered field sobriety tests
(1) Horizontal Gaze Nystagmus - The eyes inability to follow the tracking of a target when moving from right to left.
(2) Walk-and-turn test - Typically drivers must walk in a straight line. At the end of that line, turn around with a certain amount of perversion.
(3) one-leg stand test - This is a balance test. A one leg stand usually is a 10 second standing on one leg. Usually right leg first, followed by left.
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