§ 11369. — 11369. (Added November 5, 2024, by initiative Proposition 36, Sec. 4.)

California § 11369.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 10.: DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT
• Ch. 6.: CHAPTER 6. Offenses and Penalties
• Art. 4.: ARTICLE 4. Miscellaneous Offenses and Provisions

Text

(a)
This section shall be known, and may be cited, as Alexandra’s Law.
(b)
The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug, of the following:
“You are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in this conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or mixed,
kill human beings in very small doses. If you illicitly manufacture, distribute, sell, furnish, administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code.”
(c)
The advisory statement shall be provided to the defendant in writing, either on a plea form, if used, as an addendum to a plea form, or at sentencing, and the fact that the advisory was given shall be specified on the record and recorded in the abstract of the conviction.
(d)
(1)
Except as provided in paragraph (2), as used in this section, “hard drug” means a substance listed in Section 11054 or 11055, including a substance containing fentanyl, heroin, cocaine, cocaine
base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2)
As used in this section, “hard drug” does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD), other psychedelic drugs, including mescaline and psilocybin (mushrooms), any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055.

Legislative History

Added November 5, 2024, by initiative Proposition 36, Sec. 4. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.