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_________________________________________________________________
"It is
the intent of the
City Council that the
City of San Diego take a leadership role in addressing the issue
of drug abuse in the workplace. It is the purpose of this policy to
establish the requirement that all City construction contractors,
consultants, grantees and providers of non-professional services
agree to comply with this
Drug-Free Workplace Policy."
"Contractors shall include in each subcontract agreement language
which indicates the subcontractor’s agreement to abide by the
provisions of subdivisions (1) through (3) inclusive of Section 2A.
Contractors and subcontractors shall be individually responsible for
their own drug-free workplace programs."
Source: http://docs.sandiego.gov/councilpolicies/cpd_100-17.pdf
Drug use and addiction is
a problem in
San Diego and a serious problem in the
construction trades.
* There is a direct
connection to the use of methamphetamine and the American work
ethic.
American Psychological Association
Methamphetamine Use Reported
by Arrestees in San Diego - FAST FACTS 2011
Use History: The
“typical” meth-using arrestee had been using the drug for about 12
years, on average, usually smokes it (but sometimes snorts or
injects it), and typically uses it around three times a day, four
days in a row.
Risk Behaviors: Over
half of meth-using arrestees reported going to work under the
influence of meth during
the last year. In addition, arrestees who used meth were more likely
to report driving a car while under the
influence during the last year, compared to arrestees who reported
drug use other than meth.
Consequences: The most
commonly reported side effects of meth use included
sleeplessness, weight loss, legal problems, and family problems.
Source:
http://www.sandag.org/uploads/publicationid/publicationid_1619_13747.pdf
A very serious and quality
article discussing drug abuse among electricians.
From: Electrical Construction & Maintenance Magazine
Oct. 1, 1999 Sarah Tobaben Johnson | CEE News
Safety vs. Privacy: a look at drug-free policies
When an
employee at one electrical contracting company returned from lunch
reeking of marijuana smoke, management decided it was time for a
more stringent drug-free workplace policy. The 60-year-old company's
policy already included pre-employment and post-accident drug
testing, so management didn't foresee problems with adding random
testing. But, with the
announcement of random testing, came a stream of angry workers.
A few of the company's 85 employees even admitted to smoking
marijuana on the weekend, and they said the company had no right to
control their free time.
Drug
testing is a touchy subject. While some view it as an invasion of
privacy, others see it as a much needed safety mechanism for
employees, employers, and customers.
Currently, the construction
industry has one of the highest rates of substance abuse among
fulltime workers. With the tight labor market, it could get
worse. The pool of job seekers the construction industry
traditionally draws from has a high rate of use - 20.5% of men
between the ages of 18 and 25 used illicit drugs in the past month,
according to the 1998 National Household Survey on Drug Abuse.
Additionally, electrical
contracting companies overwhelmingly fall into the category of small
businesses, which experts say are sanctuaries for drug users.
"Small companies are becoming havens for substance abusers because
they know they can go there and there's rarely testing," said Judy
Swartley, who consulted with the electrical contracting company
described above and owns Quantum Inc., a Philadelphia area
safety/management consulting firm. "I can't emphasize enough the
benefit of random testing if a company wants to get rid of substance
abusers," Swartley said.
Joe
Pollock, president of ChemQuest Inc. in Lafayette Hill, Pa., agrees
with Swartley. Pollock, whose company does drug testing and drug
program management, said random testing is the "true deterrent" to
substance abuse. In the last two years he said he has seen more and
more small businesses implement drug testing programs - following
the lead of most Fortune 500 companies.
If an
electrical contractor wants big contracts with Fortune 500
companies, a substance abuse testing program is something to think
about. "I am seeing more and more customers require drug-free
programs especially with Fortune 500 companies," Swartley said.
Customer drive is why the
IBEW Local 701's Labor Management Cooperation Committee (LMCC),
Lisle, Ill., started its drug-testing program in 1996. The LMCC, an
association between the local's contractors and electricians, saw a
need when customers and contractors had different ideas for
implementing drug testing programs. "The common thread between the
customers, contractors and ourselves was the electricians," said
Mike Zitkus, LMCC administrator. "It seemed logical to have our own
testing program."
Testing
is voluntary and workers testing negative are issued
"drug-free" cards. These cards often serve as tickets onto a
drug-free work site. "The other trades in the area don't really
have a program, and it's kind of chaotic for them when a call comes
for a drug-free job," Zitkus said. "Our members don't have to take a
drug test on the site like all the other trades do for our job sites
that have accepted our drug programs."
Certainly, our government provides incentives for businesses that
establish programs. Last year, with its
Drug-Free Workplace Act of 1998, Congress again emphasized the
need for drug-free workplace programs. To encourage businesses to
adopt programs, Congress recommends states consider incentives, such
as reductions in workers' compensation and unemployment insurance
premiums; tax deductions equal to expenditures for employee
assistance programs, treatment, or drug testing; and adoption of
liability limitations. The Drug-Free Workplace Act of 1988 also
requires certain federal contractors and grantees to maintain a
drug-free workplace. Required maintenance, however, is more through
awareness programs and policy - not drug testing.
Drug-free workplace programs. Basic components of a drug-free
workplace program include a written policy, supervisor training, and
employee education. Programs can also include an employee assistance
program, and drug and alcohol testing, but they are not required by
the Drug-Free Workplace Act.
Written policy. A must for any drug-free program, a written
policy should clearly state the company's objectives, give a
description of unacceptable behavior, and explain the consequences
of violating policy.
Supervisor training. Supervisor support and participation is
also key to the success of a company's drug policy. The IBEW Local
701 includes a four-hour-long supervisor training class about the
dangers of alcohol and drugs. Supervisors also learn how to
recognize and document abnormal behavior and how to effectively deal
with someone behaving strangely.
"That's probably the most
important part of that class," Zitkus said. "You can't go up to
someone and say, 'I think you have a drug problem.'" Instead,
supervisors are advised to state facts. "You have to say, 'Here's
what I observed (physical/mental impairment), and I suspect there is
a problem,'" Zitkus said.
Educating employees. Employee education is also critical for a
successful program. "We really encourage companies to have a
face-to-face meeting with their employees," said ChemQuest's
Pollock. Some companies include a class about the effect of
substance abuse on workplace safety, productivity, etc.; how the
policy applies to employees, the consequences for violating the
policy, and other program components, such as employee assistance
programs (EAP) and drug/alcohol testing.
Employee Assistance Program (EAP). Employee assistance programs
help workers whose job performances are affected by personal
problems. Pollock, a certified employee assistance professional,
said that for employees who test positive, treatment provides a good
chance of recovering.
For
every dollar companies invest in EAPs, they save anywhere from $5 to
$16 in reduced accident costs, workers' compensation claims,
absenteeism, and employee theft, according to a report from the U.S.
Department of Labor. The annual cost of an EAP ranges from $12 to
$20 per person.
But
Swartley said providing a rehabilitation option when someone tests
positive doesn't always pay off. At the electrical contracting
company that tightened its drug policy, most of the employees who
started rehab dropped out. "It comes down to if a company wants to
invest the time and consequently the money," Swartley said.
Drug
and alcohol testing. Setting up a testing program is not simple,
but more companies are doing it. "You should never ever test without
a policy because it could lead to lots of problems and litigation,"
Pollock said. He also cautions employers to be consistent in how
they apply policy.
Types of drug testing. Although companies with drug testing
policies are trying to take a proactive stance, the timing of some
tests is purely reactionary. Reasonable suspicion and for cause
tests are conducted when an employee shows obvious signs of being
unfit for work, or a pattern of unsafe behavior has been documented.
But these tests aren't given very often because supervisors are
reluctant to accuse workers, Pollock said.
The
opportunity for post accident testing is also often overlooked.
Employees involved in an accident can be tested to find out if
alcohol or other drug use was a factor, but employers dealing with a
crisis often forget about testing until the next day. Then it's too
late.
Some
companies try to combat these reactionary tactics by testing early.
Pre-employment testing decreases the chances of hiring a current
user, but it has its drawbacks, too. "The problem with
pre-employment testing is some applicants will not use drugs for six
weeks before they start their job search," Swartley said. "At that
point, all their tests will come up totally clean."
Random testing catches the
people following that strategy, workers never know when they're
going to be tested. Some businesses say they can't afford to lose
workers and are hesitant about random testing, but it worked out for
the 60-year-old electrical contracting company. Although about 20%
of the 85-employees eventually quit over policy, sales dipped
momentarily only about 4%. Since then, they've replaced the
employees, and revenues have increased. Plus, the company is saving
20% on insurance premiums.
"Many
workers came to us and thanked us," Swartley said. "They feel safer
on the job because they know they aren't working next to a substance
abuser."
Source:
http://ecmweb.com/cee-news-archive/safety-vs-privacy-look-drug-free-policies
San Diego Drug Testing on Yelp!
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YouTube -
Neurotransmitters and Dopamine Educational Video 1:12:01
California
Code Information On Drugs:
GOVERNMENT
CODE SECTION 8350-8351
Extract: August 22, 2012
8350.
This chapter shall be known, and may be cited,
as the
Drug-Free Workplace Act of 1990.
8351.
As used in this chapter:
(a) "Drug-free workplace" means a site for the performance of work
done in connection with a specific grant or
contract described in Article 2 (commencing with Section 8355)
of an entity at which
employees of the entity are prohibited from engaging in the
unlawful manufacture, distribution, dispensation, possession, or use
of a
controlled substance in accordance with the requirements of this
chapter.
(b) "Employee" means the employee of a grantee or contractor
directly engaged in the performance of work pursuant to the grant or
contract described in Article 2 (commencing with Section 8355) .
(c) "Controlled substance" means a controlled substance in schedules
I through V of Section 202 of the
Controlled Substances Act (21 U.S.C. Sec. 812).
(d) "Grantee" means the department, division, or other unit of a
person or organization responsible for the performance under the
grant.
(e) "Contractor" means the department, division, or other unit of a
person or organization responsible for the performance under the
contract.
GOVERNMENT
CODE SECTION 8355-8357
Extract: August 22, 2012
8355.
(a) Every person or organization awarded a
contract or a grant for the procurement of any property or services
from any state agency shall certify to the contracting or granting
agency that it will provide a drug-free workplace by doing all of
the following:
(1)
Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensation, possession, or use of a
controlled substance is prohibited in the person's or organization's
workplace and specifying the actions that will be taken against
employees for violations of the prohibition.
(2) Establishing a
drug-free awareness program to inform employees about all of the
following:
(A) The dangers of drug abuse in the workplace.
(B) The person's or organization's policy of maintaining a drug-free
workplace.
(C) Any available drug counseling, rehabilitation, and employee
assistance programs.
(D) The penalties that may be imposed upon employees for drug abuse
violations.
(3) Requiring that each employee engaged in the performance of the
contract or grant be given a copy of the statement required by
subdivision (a) and that, as a condition of employment on the
contract or grant, the employee agrees to abide by the terms of the
statement.
(b) (1) The certification requirement set forth in subdivision (a)
does not apply to a credit card purchase of goods of two thousand
five hundred dollars ($2,500) or less.
(2) The total amount of exemption authorized herein shall not exceed
seven thousand five hundred dollars ($7,500) per year for each
company from which a state agency is purchasing goods by credit
card. It shall be the responsibility of each state agency to monitor
the use of this exemption and adhere to these restrictions on these
purchases.
8356.
(a) Each contract or grant awarded by a state agency may be
subject to suspension of payments under the contract or grant or
termination of the contract or grant, or both, and the contractor or
grantee there under may be subject to debarment, in accordance with
the requirements of this article, if the contracting or granting
agency determines that any of the following has occurred:
(1) The contractor or grantee has made a false certification under
Section 8355.
(2) The contractor or grantee violates the certification by failing
to carry out the requirements of subdivisions (a) to (c), inclusive,
of Section 8355.
(b)
The Department of General Services shall establish and maintain
a list of individuals and organizations whose contracts or grants
have been canceled due to failure to comply with this chapter. This
list shall be updated monthly and published each month. No state
agency shall award a contract or grant to a person or organization
on the published list until that person or organization has complied
with this chapter.
(c) Every state agency that directly awards grants without review by
the Department of General Services shall immediately notify the
department of any individual or organization that has an award
canceled on the basis of violation of this chapter.
8357.
This chapter shall not be construed to require any contractor
or grantee to ensure that other businesses with which it
subcontracts also provide drug-free workplaces.
Credit:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=08001-09000&file=8350-8351
Credit:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=08001-09000&file=8355-8357
For
Reference Only - The Seriousness Of The Issue
Health And
Safety Code Sections 11350-11356.5
Extract: August 22, 2012
11350.
(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 pursuant to subdivision (h) of Section 1170 of the
Penal Code.
(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 a county jail for not more than one year or pursuant to
subdivision (h) of
Section 1170 of the Penal Code.
(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.
11351.
Except as otherwise provided in this division, every
person who possesses for sale or purchases for purposes of sale (1)
any controlled substance specified in subdivision (b), (c), or (e)
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, shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
two, three, or four years.
11351.5.
Except as otherwise provided in this division, every
person who possesses for sale or purchases for purposes of sale
cocaine base which is specified in paragraph (1) of subdivision (f)
of Section 11054, shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for a period of
three, four, or five years.
11352.
(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), (c), or (e), 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 pursuant to subdivision (h) of
Section 1170 of the Penal Code for three, four, or five years.
(b) Notwithstanding the penalty provisions of
subdivision (a), any person who transports for sale any controlled
substances specified in subdivision (a) within this state from one
county to another noncontiguous county shall be punished by
imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code for three, six, or nine years.
11352.1.
(a) The Legislature hereby declares that the dispensing
and furnishing of prescription drugs, controlled substances, and
dangerous drugs or dangerous devices without a license poses a
significant threat to the health, safety, and welfare of all persons
residing in the state. It is the intent of the Legislature in
enacting this provision to enhance the penalties attached to this
illicit and dangerous conduct.
(b) Notwithstanding
Section 4321 of the Business and Professions Code, and in
addition to any other penalties provided by law, any person who
knowingly and unlawfully dispenses or furnishes a dangerous drug or
dangerous device, or any material represented as, or presented in
lieu of, any dangerous drug or dangerous device, as defined in
Section 4022 of the Business and Professions Code, or who
knowingly owns, manages, or operates a business that dispenses or
furnishes a dangerous drug or dangerous device or any material
represented as, or presented in lieu of, any dangerous drug or
dangerous device, as defined in Section 4022 of the Business and
Professions Code without a license to dispense or furnish these
products, shall be guilty of a misdemeanor. Upon the first
conviction, each violation shall be punishable by imprisonment in a
county jail not to exceed one year, or by a fine not to exceed five
thousand dollars ($5,000), or by both that fine and imprisonment.
Upon a second or subsequent conviction, each violation shall be
punishable by imprisonment in a county jail not to exceed one year,
or by a fine not to exceed ten thousand dollars ($10,000), or by
both that fine and imprisonment.
11352.5.
The court shall impose a fine not exceeding fifty
thousand dollars ($50,000), in the absence of a finding that the
defendant would be incapable of paying such a fine, in addition to
any term of imprisonment provided by law for any of the following
persons:
(1) Any person who is convicted of violating
Section 11351 of the Health and Safety Code by possessing for
sale 14.25 grams or more of a substance containing heroin.
(2) Any person who is convicted of violating
Section 11352 of the Health and Safety Code by selling or
offering to sell 14.25 grams or more of a substance containing
heroin.
(3) Any person convicted of violating Section 11351 of
the Health and Safety Code by possessing
heroin for sale or convicted of violating Section 11352 of the
Health and Safety Code by selling or offering to sell heroin, and
who has one or more prior convictions for violating Section 11351 or
Section 11352 of the Health and Safety Code.
11353.
Every person 18 years of age or over, (a) who in any
voluntary manner solicits, induces, encourages, or intimidates any
minor with the intent that the minor shall violate any provision of
this chapter or Section 11550 with respect to either (1) a
controlled substance which is specified in subdivision (b), (c), or
(e), 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, (b) who hires, employs, or uses a minor to unlawfully
transport, carry, sell, give away, prepare for sale, or peddle any
such controlled substance, or (c) who unlawfully sells, furnishes,
administers, gives, or offers to sell, furnish, administer, or give,
any such controlled substance to a minor, shall be punished by
imprisonment in the state prison for a period of three, six, or nine
years.
11353.1.
(a) Notwithstanding any other provision of law, any
person 18 years of age or over who is convicted of a violation of
Section 11353, in addition to the punishment imposed for that
conviction, shall receive an additional punishment as follows:
(1) If the offense
involved heroin, cocaine, cocaine base, or any analog of these
substances and occurred upon the grounds of, or within, a church or
synagogue, a playground, a public or private youth center, a child
day care facility, or a public swimming pool, during hours in which
the facility is open for business, classes, or school-related
programs, or at any time when minors are using the facility, the
defendant shall, as a full and separately served enhancement to any
other enhancement provided in paragraph (3), be punished by
imprisonment in the state prison for one year.
(2) If the offense
involved heroin, cocaine, cocaine base, or any analog of these
substances and occurred upon, or within 1,000 feet of, the grounds
of any public or private elementary, vocational, junior high, or
high school, during hours that the school is open for classes or
school-related programs, or at any time when minors are using the
facility where the offense occurs, the defendant shall, as a full
and separately served enhancement to any other enhancement provided
in paragraph (3), be punished by imprisonment in the state prison
for two years.
(3) If the offense
involved a minor who is at least four years younger than the
defendant, the defendant shall, as a full and separately served
enhancement to any other enhancement provided in this subdivision,
be punished by imprisonment in the state prison for one, two, or
three years, at the discretion of the court.
(b) The additional punishment provided in this section
shall not be imposed unless the allegation is charged in the
accusatory pleading and admitted by the defendant or found to be
true by the trier of fact.
(c) The additional punishment provided in this section
shall be in addition to any other punishment provided by law and
shall not be limited by any other provision of law.
(d) Notwithstanding any other provision of law, the
court may strike the additional punishment provided for 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.
(e) As used in this section the following definitions
shall apply:
(1) "Playground" means
any park or recreational area specifically designed to be used by
children which has play equipment installed, including public
grounds designed for athletic activities such as baseball, football,
soccer, or basketball, or any similar facility located on public or
private school grounds, or on city, county, or state parks.
(2) "Youth center" means
any public or private facility that is primarily used to host
recreational or social activities for minors, including, but not
limited to, private youth membership organizations or clubs, social
service teenage club facilities, video arcades, or similar amusement
park facilities.
(3) "Video arcade" means
any premises where 10 or more video game machines or devices are
operated, and where minors are legally permitted to conduct
business.
(4) "Video game machine"
means any mechanical amusement device, which is characterized by the
use of a cathode ray tube display and which, upon the insertion of a
coin, slug, or token in any slot or receptacle attached to, or
connected to, the machine, may be operated for use as a game,
contest, or amusement.
(5) "Within 1,000 feet of
the grounds of any public or private elementary, vocational, junior
high, or high school" means any public area or business
establishment where minors are legally permitted to conduct business
which is located within 1,000 feet of any public or private
elementary, vocational, junior high, or high school.
(6) "Child day care
facility" has the meaning specified in
Section 1596.750.
(f) This section does not require either that notice be
posted regarding the proscribed conduct or that the applicable
1,000-foot boundary limit be marked.
11353.4.
(a) Any person 18 years of age or older who is
convicted for a second or subsequent time of violating Section
11353, as that section applies to paragraph (1) of subdivision (f)
of Section 11054, where the previous conviction resulted in a prison
sentence, shall, as a full and separately served enhancement to the
punishment imposed for that second or subsequent conviction of
Section 11353, be punished by imprisonment in the state prison for
one, two, or three years.
(b) If the second or subsequent violation of Section
11353, as described in subdivision (a), involved a minor who is 14
years of age or younger, the defendant shall, as a full and
separately served enhancement to any other enhancement provided in
this section, be punished by imprisonment in the state prison for
one, two, or three years, at the discretion of the court.
(c) The additional punishment provided in this section
shall not be imposed unless the allegation is charged in the
accusatory pleading and admitted by the defendant or found to be
true by the trier of fact.
(d) The additional punishment provided in this section
shall be in addition to any other punishment provided by law and
shall not be limited by any other provision of law.
(e) Notwithstanding any other provision of law, the
court may strike the additional punishment provided for 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.
11353.5.
Except as authorized by law, any person 18 years of age
or older who unlawfully prepares for sale upon school grounds or a
public playground, a child day care facility, a church, or a
synagogue, or sells or gives away a controlled substance, other than
a controlled substance described in Section 11353 or
11380, to a minor upon the grounds of, or within, any school,
child day care facility, public playground, church, or synagogue
providing instruction in preschool, kindergarten, or any of grades 1
to 12, inclusive, or providing child care services, during hours in
which those facilities are open for classes, school-related
programs, or child care, or at any time when minors are using the
facility where the offense occurs, or upon the grounds of a public
playground during the hours in which school-related programs for
minors are being conducted, or at any time when minors are using the
facility where the offense occurs, shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
five, seven, or nine years. Application of this section shall be
limited to persons at least five years older than the minor to whom
he or she prepares for sale, sells, or gives away a controlled
substance.
11353.6.
(a) This section shall be known, and may be cited, as
the Juvenile Drug Trafficking and Schoolyard Act of 1988.
(b) Any person 18 years of age or over who is convicted
of a violation of Section 11351.5, 11352, or 11379.6, as those
sections apply to paragraph (1) of subdivision (f) of Section 11054,
or of Section 11351, 11352, or 11379.6, as those sections apply to
paragraph (11) of subdivision (c) of Section 11054, or of Section
11378, 11379, or 11379.6, as those sections apply to paragraph (2)
of subdivision (d) of Section 11055, or of a conspiracy to commit
one of those offenses, where the violation takes place upon the
grounds of, or within 1,000 feet of, a public or private elementary,
vocational, junior high, or high school during hours that the school
is open for classes or school-related programs, or at any time when
minors are using the facility where the offense occurs, shall
receive an additional punishment of three, four, or five years at
the court' s discretion.
(c) Any person 18 years of age or older who is
convicted of a violation pursuant to subdivision (b) which involves
a minor who is at least four years younger than that person, as a
full and separately served enhancement to that provided in
subdivision (b), shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for three, four,
or five years at the court's discretion.
(d) The additional terms provided in this section shall
not be imposed unless the allegation is charged in the accusatory
pleading and admitted or found to be true by the trier of fact.
(e) The additional terms provided in this section shall
be in addition to any other punishment provided by law and shall not
be limited by any other provision of law.
(f) 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.
(g) "Within 1,000 feet of a public or private
elementary, vocational, junior high, or high school" means any
public area or business establishment where minors are legally
permitted to conduct business which is located within 1,000 feet of
any public or private elementary, vocational, junior high, or high
school.
11353.7.
Except as authorized by law, and except as provided otherwise in
Sections 11353.1, 11353.6, and 11380.1 with respect to playgrounds
situated in a public park, any person 18 years of age or older who
unlawfully prepares for sale in a public park, including units of
the state park system and state vehicular recreation areas, or sells
or gives away a controlled substance to a minor under the age of 14
years in a public park, including units of the state park system and
state vehicular recreation areas, during hours in which the public
park, including units of the state park system and state vehicular
recreation areas, is open for use, with knowledge that the person is
a minor under the age of 14 years, shall be punished by imprisonment
in state prison for three, six, or nine years.
11354.
(a) Every person under the age of 18 years who in any
voluntary manner solicits, induces, encourages, or intimidates any
minor with the intent that the minor shall violate any provision of
this chapter or
Section 11550, who hires, employs, or uses a minor to unlawfully
transport, carry, sell, give away, prepare for sale, or peddle (1)
any controlled substance specified in subdivision (b), (c), or (e),
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, or who unlawfully sells, furnishes, administers, gives, or
offers to sell, furnish, administer, or give, any such controlled
substance to a minor shall be punished by imprisonment in the state
prison.
(b) This section is not intended to affect the
jurisdiction of the juvenile court.
11355.
Every person who agrees, consents, or in any manner
offers to unlawfully sell, furnish, transport, administer, or give
(1) any controlled substance specified in subdivision (b), (c), or
(e), or paragraph (1) of subdivision (f) of Section 11054, specified
in paragraph (13), (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 to any person, or who offers, arranges, or negotiates to have
any such controlled substance unlawfully sold, delivered,
transported, furnished, administered, or given to any person and who
then sells, delivers, furnishes, transports, administers, or gives,
or offers, arranges, or negotiates to have sold, delivered,
transported, furnished, administered, or given to any person any
other liquid, substance, or material in lieu of any such controlled
substance shall be punished by imprisonment in the county jail for
not more than one year, or pursuant to subdivision (h) of Section
1170 of the Penal Code.
11356.
As used in this article "felony offense," and "offense
punishable as a felony" refer to an offense prior to October 1,
2011, for which the law prescribes imprisonment in the state prison,
or for an offense on or after October 1, 2011, imprisonment in
either the state prison or pursuant to subdivision (h) of Section
1170 of the Penal Code, as either an alternative or the sole
penalty, regardless of the sentence the particular defendant
received.
11356.5.
(a) Any person convicted of a violation of Section
11351, 11352, 11379.5, or 11379.6 insofar as the latter section
relates to phencyclidine or any of its analogs 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, who, as part
of the transaction for which he or she was convicted, has induced
another to violate Section 11351, 11352, 11379.5, or 11379.6 insofar
as the latter section relates to phencyclidine or its analogs, shall
be punished as follows:
(1) By an additional one
year in prison if the value of the controlled substance involved in
the transaction for which the person was convicted exceeds five
hundred thousand dollars ($500,000).
(2) By an additional two
years in prison if the value of the controlled substance involved in
the transaction for which the person was convicted exceeds two
million dollars ($2,000,000).
(3) By an additional
three years in prison if the value of the controlled substance
involved in the transaction for which the person was convicted
exceeds five million dollars ($5,000,000).
(b) For purposes of this section, "value of the
controlled substance" means the retail price to the user.
Credit:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12000&file=11350-11356.5
Credit:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=hsc&codebody=&hits=500
Credit:
http://www.leginfo.ca.gov/calaw.html
Program Management Resource:
Norton Medical Industries • (800) 243-7669 • (818)-779-1900 • FAX
(818)-779-1908
6265 Sepulveda Blvd #13 • Van Nuys, CA 91411 •
www.NortonMedical.com
The Department of Transportation put into place its
drug and alcohol testing program.
>
New Urine Drug Test Ruling <
Employment Law: Employers must enforce drug-testing policies in
a way that minimizes exposure to tort claims.
"Applying a policy in an inconsistent manner could cause the
employee to believe that he or she is being singled out or
discriminated against for another reason. Drug-testing policies are
no exception."
Source: FindLaw > Corporate Counsel > Human
Resources
Testing Facility:
San Diego Reference Laboratory - If you require technical
assistance, please call (800) 677-7995 Kimberly
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