San Diego Municipal Code Div. 32 Possession of Clonazepam

(“Possession of Clonazepam” added 5–1-2000 by O–18793 N.S.)

The Council for the City of San Diego finds and declares that:

(a) In addition to its legal uses, adults and juveniles are abusing clonazepam to
become intoxicated and/or to facilitate sexual assault.

(b) There are reports of clonazepam being used to facilitate sexual assault.

(c) There is a current and immediate threat to the public safety and welfare, in
that the use of clonazepam by juveniles is increasing at an alarming rate in the
City due to its easy access, low price and powerful effect.

(d) Currently there is no law that prohibits mere possession of this drug without a
valid prescription.
(“Purpose” added 5–1–2000 by O–18793 N.S.)

“Clonazepam” means any drug, substance or compound, whether legal or illegal, that contains clonazepam as described in California Health and Safety Code section 11057(d)(6). (“Definitions” added 5–1–2000 by O–18793 N.S.)

Except as authorized by law and as otherwise provided in subdivision (b) or Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, it is unlawful for any person to possess clonazepam or any substance that contains clonazepam without a valid prescription. (“Prohibitions of Possession” added 5–1–2000 by O–18793 N.S.)

The City Attorney and The Chief of Police, or any other Director authorized by the City Manager, are authorized to administer and enforce the provisions of this

Ch. Art. Div.
5 2 32 1

San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (6-2000)

Division. The City Attorney and The Chief of Police exercise any enforcement powers as provided in Division 1, Article 2 of Chapter 1 of this Code. (“Enforcement Authority” added 5–1–2000 by O–18793 N.S.)

Violations of this Division may be prosecuted as misdemeanors subject to the fines and custody provided in Municipal Code Section 12.0201. The City Attorney and the Chief of Police may also seek injunctive relief and civil penalties in the Superior Court pursuant to Municipal Code section 12.0202 or pursue any administrative remedy provided in Chapter 1 of this Code. (“Enforcement Remedies” added 5–1–2000 by O–18793 N.S.)

Violations of this Division shall be treated as strict liability offenses regardless of intent. (“Strict Liability Offense” added 5–1–2000 by O–18793 N.S.)

Ch. Art. Div. 5 2 32 2

San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (3-2021)

Article 2: Police — Police Regulations — Offenses Against Government