Existing law makes it a felony punishable by imprisonment in the state prison for 2, 3, or 4 years to unlawfully possess any amount of a substance containing cocaine base, cocaine, heroin, methamphetamine, or phencyclidine while armed with a loaded and operable firearm. Existing law makes it a crime punishable as either a misdemeanor or a felony to unlawfully be under the influence of cocaine, cocaine base, heroin, methamphetamine, or phencyclidine while in the immediate personal possession of a loaded and operable firearm.
This bill would add oxycodone and fentanyl to the list of controlled substances in these provisions. By creating a new crime, the bill would impose a state-mandated local program. The bill would also make other technical changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
SB1070: 11370.1 HSC, 11550 HSC
02/15/22 - Introduced: 11370.1 HSC, 11550 HSC
SB 1070: 11370.1 HSC, 11550 HSC