§ 11370.1. — 11370.1. (Amended November 5, 2024, by initiative Proposition 36, Sec. 5.)

(a)
Notwithstanding Section 11350 or 11377 or any other provision of law, every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a substance containing fentanyl, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.
(b)
Subdivision (a) does not apply to any person lawfully possessing fentanyl, including with a valid prescription.
(c)
As used in subdivision (a), “armed with” means having available for immediate offensive or defensive use.
(d)
Any person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code.

Legislative History

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