Maintaining Place for Selling or Using Controlled Substances
It is illegal to maintain a place for selling or using controlled substances. Every person who opens or maintains any place for the purpose of unlawfully selling, giving away, or using any controlled substance shall be punished by imprisonment in the county jail for a period of not more than one year or the state prison.
The classification of offense may be deemed a misdemeanor or felony (known as a wobbler felony). A misdemeanor is punishable by up to one year in the county jail. Felonies are those crimes punishable in the state prison. A felony wobbler is where felonies may be prosecuted as misdemeanors. The decision to prosecute as a felony or misdemeanor is up to the prosecutor, and then up to the judge to sentence the offense. For example, if convicted of a felony, the judge may forego sentencing the defendant to state prison, and instead sentence the defendant to county jail.
California Health and Safety Code §11366.5 is the applicable law regarding the maintenance of a place for selling or using controlled substances, which reads:
(a) Any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly rents, leases, or makes available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or in the state prison.
(b) Any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly allows the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to further the sale of any amount of cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide and who obtains excessive profits from the use of the building, room, space, or enclosure shall be punished by imprisonment in the state prison for two, three, or four years.
(c) Any person who violates subdivision (a) after previously being convicted of a violation of subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years.
(d) For the purposes of this section, "excessive profits" means the receipt of consideration of a value substantially higher than fair market value.
