California Law
11352. Transportation, sale, giving away, etc.
of designated
controlled substances;
punishment for peyote.
(a) Except as otherwise provided in this division, 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 specified in subdivision (b) or (c) of Section 11054,
or specified in subdivision (b) or (c) of Section 11055, 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, podiatrists, 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 on parole or
any other basis until he has been imprisoned for a period of not
less that three years in the state prison.
(b) If such person has been previously convicted shall be
charged in the indictment of information and, if found to be true
by the jury upon a jury trial or by the court upon a court trial
or if admitted by the person, he shall be imprisoned in the state
prison for a period of 10 years to life and shall not be eligible
for release upon completion of sentence or on parole or any other
basis until he has been imprisoned for a period of not less
than10 years in the state prison.
(c) If such person has been previously convicted two or more
times of any offense described in subdivision (d), the previous
convictions shall be charged in the indictment or information
and, if found to be true by the jury upon a jury trial or by the
court upon a court trial or if admitted by the person, he shall
be imprisoned in the state prison for a period of 15 years to
life and shall not be eligible for release upon completion of
sentence or on parole or any other basis until he has been
imprisoned for a period of not less than 15 years in the state
prison.
11363. Planting, cultivating and harvesting;
punishment for
peyote.
(a) Every person who plants, cultivates, harvests, dries, or
processes any plant of the genus Lophophora, also known as
peyote, or any part thereof 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 not more than 10 years.
(b) If such person has been previously convicted of any
offense described in subdivision (c), the previous conviction
shall be charged in the indictment or information and, if found
to be true by the jury upon a jury trial or by the court upon a
court trial or if admitted by the person, he shall be imprisoned
in the state prison for a period of not less than two years or
more than 20 years.