Cal Health & Safety Code §
11350 (2004)
§ 11350. Unlawful possession
(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 in the state prison.
(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 the county jail for not more
than one year or in the state prison.
(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.