§ 11153. — 11153. (Amended by Stats. 2023, Ch. 21, Sec. 4.)

(a)
A prescription for a controlled substance shall only be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of their professional practice. The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner, but a corresponding responsibility rests with the pharmacist who fills the prescription. Except as authorized by this division, the following are not legal prescriptions: (1) an order purporting to be a prescription which is issued not in the usual course of professional treatment or in legitimate and authorized research;
or (2) an order for a person with substance use disorder
or habitual user of controlled substances, which is issued not in the course of professional treatment or as part of an authorized narcotic treatment program, for the purpose of providing the user with controlled substances, sufficient to keep them comfortable by maintaining customary use.
(b)
Any person who knowingly violates this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail not exceeding one year, or by a fine not exceeding twenty thousand dollars ($20,000), or by both that fine and imprisonment.
(c)
No provision of the amendments to this section enacted during the second year of the
1981–82 Regular Session shall be construed as expanding the scope of practice of a pharmacist.

Legislative History

Amended by Stats. 2023, Ch. 21, Sec. 4. (AB 1130) Effective January 1, 2024.