In the state of California what is the definition of "under the influence of a controlled substance"
Full Question:
Answer:
The following is a California statute:
§ 11550 Health & Safety
(a) No person shall use, or be under the influence of any controlled
substance which is (1) specified in subdivision (b), (c), or (e), or
paragraph (1) of subdivision (f) of Section 11054,
specified in paragraph (14), (15), (21), (22), or (23) of subdivision (d)
of Section 11054, specified in subdivision (b) or (c)
of Section 11055, or specified in paragraph (1) or
(2) of subdivision (d) or in paragraph (3) of subdivision (e) of Section
11055, or (2) a narcotic drug classified in Schedule
III, IV, or V, except when administered by or under the direction of a
person licensed by the state to dispense, prescribe, or administer
controlled substances. It shall be the burden of the defense to show that
it comes within the exception. Any person convicted of violating this
subdivision is guilty of a misdemeanor and shall be sentenced to serve a
term of not less than 90 days or more than one year in a county jail. The
court may place a person convicted under this subdivision on probation
for a period not to exceed five years and, except as provided in
subdivision (c), shall in all cases in which probation is granted
require, as a condition thereof, that the person be confined in a county
jail for at least 90 days. Other than as provided by subdivision (c), in
no event shall the court have the power to absolve a person who violates
this subdivision from the obligation of spending at least 90 days in
confinement in a county jail.
(b) Any person who (1) is convicted of violating subdivision (a) when
the offense occurred within seven years of that person being convicted of
two or more separate violations of that subdivision, and (2) refuses to
complete a licensed drug rehabilitation program offered by the court
pursuant to subdivision (c), shall be punished by imprisonment in a
county jail for not less than 180 days nor more than one year. In no
event does the court have the power to absolve a person convicted of a
violation of subdivision (a) that is punishable under this subdivision
from the obligation of spending at least 180 days in confinement in a
county jail unless there are no licensed drug rehabilitation programs
reasonably available.
For the purpose of this section, a drug rehabilitation program shall
not be considered reasonably available unless the person is required to
pay no more than the court determines that he or she is reasonably able
to pay, in order to participate in the program.
(c) The court may, when it would be in the interest of justice, permit
any person convicted of a violation of subdivision (a) punishable under
subdivision (a) or (b) to complete a licensed drug rehabilitation program
in lieu of part or all of the imprisonment in the county jail. As a
condition of sentencing, the court may require the offender to pay all or
a portion of the drug rehabilitation program.
In order to alleviate jail overcrowding and to provide recidivist
offenders with a reasonable opportunity to seek rehabilitation pursuant
to this subdivision, counties are encouraged to include provisions to
augment licensed drug rehabilitation programs in their substance abuse
proposals and applications submitted to the state for federal and state
drug abuse funds.
(d) In addition to any fine assessed under this section, the judge may
assess a fine not to exceed seventy dollars ($70) against any person who
violates this section, with the 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.
(e) Notwithstanding subdivisions (a) and (b) or any other provision of
law, any person who is unlawfully under the influence of cocaine, cocaine
base, heroin, methamphetamine, or phencyclidine while in the immediate
personal possession of a loaded, operable firearm is guilty of a public
offense punishable by imprisonment in a county jail for not exceeding one
year or in state prison.
As used in this subdivision "immediate personal possession" includes,
but is not limited to, the interior passenger compartment of a motor
vehicle.
(f) Every person who violates subdivision (e) is punishable upon the
second and each subsequent conviction by imprisonment in the state prison
for two, three, or four years.
(g) Nothing in this section prevents deferred entry of judgment or a
defendant's participation in a preguilty plea drug court program under
Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of
the Penal Code unless the person is charged with violating subdivision
(b) or (c) of Section 243 of the Penal Code. A person charged with
violating this section by being under the influence of any controlled
substance which is specified in paragraph (21), (22), or (23) of
subdivision (d) of Section 11054 or in paragraph (3)
of subdivision (e) of Section 11055 and with
violating either subdivision (b) or (c) of Section 243 of the Penal
Code or with a violation of subdivision (e) shall be ineligible for
deferred entry of judgment or a preguilty plea drug court program.