Drug Sentencing Schedule

California Penal Code Drug Felony Sentencing Schedule

In California, all drug-related charges fall under the Health & Safety Code sections of the law.

Health & Safety Code Section Description of Crime Term in Years and Months
1390 Willful violation of health care services provisions 1 year 4 months, 2 years, 3  years
1621.5 Donation of blood, organs, tissue, or semen by a person knowing he or she has AIDS 2 years, 4 years, 6 years
1709 Failure to comply with regulations governing cancer clinics with two previous convictions 1 year 4 months, 2 years, 3  years
1715 General violation of a cancer research chapter 1 year 4 months, 2 years, 3  years
7051 Unlawful removal of human remains, use for sale or to dissect 1 year 4 months, 2 years, 3  years
7052 Unlawful removal or mutilation of human remains 1 year 4 months, 2 years, 3  years
7052 Unlawful removal, mutilation, sexual penetration of human remains 1 year 4 months, 2 years, 3  years
8101 Vandalism of a cemetery or a mortuary 1 year 4 months, 2 years, 3  years
10690 Willful making of a false birth certificate 1 year 4 months, 2 years, 3  years
11100 Transferring a controlled substance without reporting or filing a false report with a previous conviction 1 year 4 months, 2 years, 3  years
11100.1 Failing to report receipt of a controlled substance with a previous conviction 1 year 4 months, 2 years, 3  years
11104 Transfer of substances with knowledge of intent to manufacture a controlled substance 1 year 4 months, 2 years, 3  years
11104(a) Transfer of substance with knowledge of intent to manufacture a controlled substance 1 year 4 months, 2 years, 3  years
11105 Knowingly making a false statement on a report of drug activity 1 year 4 months, 2 years, 3  years
11105 Violation of section with a previous conviction 2 years, 3 years, 4 years
11106 Transferring a controlled substance without a permit 1 year 4 months, 2 years, 3  years
11153 Issuing a prescription to an addict or habitual user of a controlled substance 1 year 4 months, 2 years, 3  years
11153.5 A wholesaler knowingly furnishing a controlled substance not for medical purposes 1 year 4 months, 2 years, 3  years
11162.5 Counterfeiting an official prescription blank 1 year 4 months, 2 years, 3  years
11350(a) Possession of a controlled substance 1 year 4 months, 2 years, 3  years
11351 Possession of a controlled substance for sale 2 years, 3 years, 4 years
11352(a) The sale or transportation of a controlled substance 3 years, 4 years, 5 years
11353 An adult inducing a minor’s involvement with a controlled substance 3 years, 6 years, 9 years
11353.5 Sale by an adult to a minor of a controlled substance at a school or a public playground 5 years, 7 years, 9 years
11354 Minor inducing another minor’s involvement with a controlled substance 1 year 4 months, 2 years, 3  years
11355 Selling and/or furnishing a substance which is falsely represented to be a controlled substance 1 year 4 months, 2 years, 3  years
11358 Cultivating, harvesting, and/or processing marijuana 1 year 4 months, 2 years, 3  years
11359 Possession of marijuana for sale 1 year 4 months, 2 years, 3  years
11360(a) The sale or transportation of marijuana 2 years, 3 years, 4 years
11361(a) An adult involving a minor under 14 years of age with marijuana 3 years, 5 years, 7 years
11361(b) An adult involving a minor 14 years of age or over with marijuana 3 years, 4 years, 5 years
11363 Cultivating, harvesting and/or processing peyote 1 year 4 months, 2 years, 3  years
11364.7(b) Manufacturing drug paraphernalia 1 year 4 months, 2 years, 3  years
11366 Maintaining a place for selling and/or using a controlled substance 1 year 4 months, 2 years, 3  years
11366.5(a) Managing a place for manufacture, storage and/or the distribution of a controlled substance 1 year 4 months, 2 years, 3  years
11366.5 Violation of Health & Safety Code Section 11366.5(a) with a prior conviction 2 years, 3 years, 4 years
11366.7 The sale of chemical, drug or lap equipment for unlawful use 1 year 4 months, 2 years, 3  years
11368 Forgery or the alteration of prescription for any narcotic drug 1 year 4 months, 2 years, 3  years
11370.1 Possession of a controlled substance while in possession of a loaded firearm 2 years, 3 years, 4 years
11370.9 Receiving, transferring, investing, or the managing of funds over $25,000 derived from controlled substance offenses 2 years, 3 years, 4 years
11371.1 To violate and/or induce a minor to violate controlled substance laws 1 year 4 months, 2 years, 3  years
11375(b)(1) Possession for sale of a designated controlled substance 1 year 4 months, 2 years, 3  years
11378.5 Possession of PCP with intent to sell 3 years, 4 years, 5 years
11379.6(a) Manufacturing a controlled substance 3 years, 4 years, 5 years
11382 Selling or furnishing a substance falsely represented to be a controlled substance 1 year 4 months, 2 years, 3  years
11383(a) Possession of materials with intent to manufacture methamphetamine 2 years, 4 years, 6 years
11383(b) Possession of materials with intent to manufacture PCP 2 years, 4 years, 6 years
11383(f) Possession of immediate precursors with intent to manufacture methamphetamine 2 years, 4 years, 6 years
11390 Possession of mushrooms as a controlled substance 1 year 4 months, 2 years, 3  years
11391 Sale or transportation of mushrooms as a controlled substance 1 year 4 months, 2 years,  3 years
11550(e) Under the influence of a controlled substance while in possession of a loaded firearm 1 year 4 months, 2 years, 3  years
12305 Unlawful possession of an explosive 1 year 4 months, 2 years, 3  years
25189.5(b) Knowingly disposing of hazardous waste at an unauthorized site 1 year 4 months, 2 years, 3  years
25189.5(d) Treatment or storage of hazardous waste at an unauthorized facility 1 year 4 months, 2 years, 3  years
25190 Violation of hazardous waste disposal with a previous conviction 1 year 4 months, 1 year 8  months, 2 years
103800 Willful filing of a false birth certificate 1 year 4 months, 2 years, 3  years
118340(a) Unauthorized treatment, transport, storage, and/or disposal of medical waste with a previous conviction 1 year, 2 years, 3 years
118340(d) Knowing of unauthorized treatment or disposal of medical waste 1 year, 2 years, 3 years
120291(a) Willfully infecting another person with HIV by engaging in unprotected sex 3 years, 5 years, 8 years