Cal. Health and Safety Code § 11370.4 : California Health And Safety Code — Uniform Controlled Substances Act — Offenses And Penalties — Miscellaneous Offenses And Provisions — Additional term for person convicted of certain crimes related to heroin, cocaine base, or cocaine, or methamphetamine, amphetamine, phencyclidine (PCP) and its analogs

  • Date:

Current through the 2016 Legislative Session

(a) Any 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 term as follows:
(1) Where the substance exceeds one kilogram by weight, the person shall receive an additional term of three years.
(2) Where the substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
(3) Where the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
(4) Where the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
(5) Where the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.
(6) Where the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.

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) Any 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 term as follows:
(1) Where the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
(2) Where the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.
(3) Where the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(4) Where the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.

In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.

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) The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, 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.
(d) The additional terms provided in this section shall be in addition to any other punishment provided by law.
(e) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.
Ca. Health and Saf. Code § 11370.4
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