§ 11370.4. — 11370.4. (Amended November 5, 2024, by initiative Proposition 36, Sec. 6.)

California § 11370.4.

• 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)
(1)
A person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional state prison term as follows:
(A)
If the substance exceeds one kilogram by weight, the person shall receive an additional term of three years.
(B)
If the substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
(C)
If the substance
exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
(D)
If the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
(E)
If the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.
(F)
If the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.
(2)
The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.
(b)
(1)
A person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional state prison term as follows:
(A)
If the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
(B)
If the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.
(C)
If the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(D)
If the substance exceeds 20 kilograms
by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.
(2)
In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.
(3)
The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.
(c)
(1)
A person convicted of a violation of, or of a conspiracy to violate, Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional state prison term as follows:
(A)
If the substance exceeds 28.35 grams (one ounce) by
weight, the person shall receive an additional term of three years.
(B)
If the substance exceeds 100 grams by weight, the person shall receive an additional term of five years.
(C)
If the substance exceeds 500 grams by weight, the person shall receive an additional term of seven years.
(D)
If the substance exceeds one kilogram by weight, the person shall receive an additional term of 10 years.
(E)
If the substance exceeds four kilograms by weight, the person shall receive an additional term of 13 years.
(F)
If the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 16 years.
(G)
If the
substance exceeds 20 kilograms by weight, the person shall receive an additional term of 19 years.
(H)
If the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 22 years.
(I)
If the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.
(2)
The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.
(d)
The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, cocaine base as specified in
paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(e)
Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code, a defendant convicted of an underlying violation specified in this section who admits an enhancement pursuant to this section or for whom an enhancement pursuant to this section is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) of Section 1170 of the Penal Code.
(f)
The additional terms provided in this section shall be in addition to any other punishment provided by law.
(g)
Notwithstanding any other law, the court may strike the additional punishment for the enhancements provided in this section if the court determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.

Legislative History

Amended November 5, 2024, by initiative Proposition 36, Sec. 6. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.