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Each member of the Pitzer community is individually and personally responsible for compliance with the applicable provisions of the law of the State of California. The following codes are provided for your information:
Possession by a Person(s) Under 21 Years of Age
Any person under the age of 21 years who has any alcoholic beverage in their possession on any street or highway or in any public place open to the public is guilty of a misdemeanor (PC.25662). In 1988 California amended Bus. & Prof. Code 25662. The amendment states that peace officers who lawfully enter premises may confiscate alcoholic beverages which are in plain view and possessed by or provided to underage persons at social gatherings. The gatherings must be open to the public, have ten or more underage persons in attendance, with those under 21 consuming alcoholic beverages and no supervision by the parent or guardian of one or more of the participants. Alcoholic beverages in open containers that are confiscated may be destroyed while those in unopened containers shall be impounded for no more than seven working days after which they too may be destroyed. Unopened containers may be released within the seven days to the owner or resident of the property provided they are 21 years of age. (Bus. & Prof. Code 25662(b))
Sales, Furnishing Alcohol to a Minor
Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor (B & PC. 25658).
Any person under the age of 21 years who purchases any alcoholic beverage, or any person under the age of 21 years who consumes any alcoholic beverage in any on-sale premises is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100), no part of which shall be suspended. The penalty is more severe under the Penal Code Section 272, which states if any person provides an alcoholic beverage to a minor person under 18 he/she will be contributing to the delinquency of a minor, which is also a misdemeanor. The maximum penalty for the violation of this code section is one year in the County Jail for each count and/or $1,000 fine for each count. It should be pointed out that each minor so provided with an alcoholic beverage is a separate count and may be charged by the District Attorney (PC. 272).
Sales to an Intoxicated Person
Every person who sells, furnishes, or gives alcohol to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor (25602).
False Evidence of Age and Identity
Any person under the age of 21 years who presents or offers to any licensee, their agent or employees, any written, printed, or photo static evidence of age which is false 85 for the purpose of purchasing, attempting to purchase, or otherwise procuring or attempting to procure the serving of any alcoholic beverage, or who has in his possession any false or fraudulent written, printed, or photo static evidence of age and identity, is guilty of a misdemeanor and shall be punished by a fine of at least two hundred dollars, no part of which shall be suspended.
Possession in Motor Vehicle by Minor
No person under the age of 21 years shall knowingly possess, transport, or have under their control in any motor vehicle any alcoholic beverage, unless such person is accompanied by a parent or legal guardian or is employed by a license under the Alcoholic Beverage Control Act (Division 9, commencing with Section 23000, of the Business and Professions Code), and is possessing, transporting or has such alcoholic beverage in a motor vehicle under their control during regular hours and in the course of theur employment. If the vehicle used in any violation, as mentioned in the previous paragraph, is registered to such person under the age of 21 years, the vehicle may be impounded at the owner’s expense for not less than one day nor more than thirty days for each violation (VC 23123.5).
Marijuana Possession
Every person who possesses marijuana, except as otherwise provided by law, shall be punished by imprisonment in the county jail for a period of not more than one year or the state prison for a period of between one and ten years (Sec. 11357).
Marijuana Cultivation
Every person who plants, cultivates, harvests, dries or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment in the state prison for a period of between one and ten years and shall not be eligible for release upon completion of sentence, on parole or on any other basis, until he has been imprisoned for a period of not less than one year in the state prison (Sec. 11358).
Possession for Sale of Marijuana
Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment in the state prison for a period of between two and ten years and shall not be eligible for release upon completion of sentence or on parole or any other basis until he/she has been imprisoned for a period of not less than two years in the state prison (Sec. 11359).
Transportation of Marijuana
Every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished by imprisonment in the state prison for a period of five years of life and shall not be eligible for release upon completion of sentence or on parole or any other basis until he/she has been imprisoned for a period of not less than three years in the state prison (Sec. 11360).
Possession of Drug Paraphernalia
It is unlawful to possess an opium pipe or any device, contrivance, instrument or paraphernalia used for unlawfully injecting or smoking a controlled substance or a controlled substance, which is classified as a narcotic drug (Sec. 11364).
Unauthorized Possession of Controlled Substances
Except as otherwise provided every person who possesses (1) any controlled substance (as classified) or (2) any controlled substance (as classified) 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 state prison for a period of not less than two years or more than ten years and shall not be eligible for release upon completion of sentence or on parole or any other basis until she/he has been imprisoned for a period of not less than two years in the state prison (Sec. 11350).
Possession for Sale of Controlled Substances
Except at otherwise provided 85 every person who possesses for sale (1) any controlled substance (as classified) or (2) any controlled substance (as classified) which is a narcotic drug, shall be punished by imprisonment in the state prison for a period of not less than five years or more than fifteen years and shall not be eligible for release upon completion of sentence or on parole or any other basis until she/he has been imprisoned for a period of not less than two and a half years in the state prison (Sec. 11351).
Transportation of Controlled Substances
Except as otherwise provided, every person who transports, imports into this state, sells, furnishes, administers or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance (as classified) or (2) any controlled substance (as classified) 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 for a period of five years to life and shall not be eligible for release upon completion of sentence, or parole or any other basis until she/he has been imprisoned for a period of not less than three years in the state prison (Sec. 11352).
Possession with Intention to Manufacture Methamphetamine (PCP)
(PCP) Any person who possesses both methylamimine and phenyhl-2propanone (phenylacetone) at the same time with the intent to manufacture methamphetamine is guilty of a felony and shall be punished by imprisonment in the state prison for between one and five years (Sec. 11383).
“Federal law prohibits the possession and distribution of controlled substances, including marijuana, cocaine and heroin. Persons found guilty of possession of controlled substances face a federal civil penalty of $10,000 and a criminal sanction of $5,000 and not more than one year in jail. Federal criminal penalties for possession of controlled substances increase according to the amount possessed.”
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