Buellton Municipal Code Art. V Special Provisions

A. Notwithstanding the provisions of Section 9.16.030, 9.16.040 or 9.16.050, if any drug paraphernalia is used, intended for use, possessed with intent to use, delivered for use, possessed with intent to deliver for use, or manufactured with intent to deliver for use, in connection with a violation of subdivision (b) of Section 11357, or subdivision (b) of Section 11360, of the Controlled Substances Act, the punishment which may be imposed for conviction of a violation of Section 9.16.030, 9.16.040 or 9.16.050 shall not be greater than the punishment which may lawfully be imposed for conviction of a violation of subdivision (b) of Section 11357, or subdivision (b) of Section 11360, of the Controlled Substances Act.

B. To the extent permitted by law, the provisions of Section 11361.5 and Section 11361.7 of the Controlled Substances Act shall apply to any arrest or conviction for which a special penalty is provided pursuant to the provisions of Section 9.16.090(A) of this chapter.

(Ord. 11-01 § 4, 2011)