§ 11304

(a) An individual possessing a controlled substance or a controlled substance analog who is engaged in obtaining controlled substances checking services from a controlled substance checking service provider pursuant to this section shall not be subject to any criminal or civil penalty or investigation based solely on the individual’s utilization of a controlled substance checking service or actions authorized by this act, including, but not limited to, any of the following:

(1) Detention or arrest.

(2) Criminal prosecution, including a violation or revocation of a grant of probation, parole, pretrial release, or any other form of community supervision.

(3) Civil, disciplinary, or administrative action.

(4) Forfeiture of property.

(5) Referral or transfer to, or detention or investigation for the purpose of referral or transfer to, United States Immigration and Customs Enforcement or any immigration authority or joint law enforcement task force as those terms are defined in Section 7284.4 of the Government Code.

(b) The exemption provided in this section shall not apply to any party utilizing a controlled substance checking service in bad faith.

(Added by Stats. 2024, Ch. 701, Sec. 2. (AB 2136) Effective January 1, 2025.)