Division 10.7 - SUBSTANCE USE DISORDER PREVENTION, TREATMENT, AND RECOVERY PROGRAMS

California Health and Safety Code — §§ 11999-11999.3

Sections (9)

Amended by Stats. 2025, Ch. 569, Sec. 10. (AB 1037) Effective January 1, 2026.

The Legislature finds and declares all of the following:

(a)The Legislature has established various drug- and alcohol-related programs which provide for education, prevention, intervention, treatment, or enforcement.
(b)The Legislature has classified certain substances as controlled substances and has defined the lawful and unlawful use of controlled substances which are commonly referred to as, but not limited to, anabolic steroids, marijuana, and cocaine.
(c)The Legislature has classified certain substances as imitation controlled substances which are commonly referred to as, but not limited

to, designer drugs.

(d)The Legislature has determined that the possession with the intent to be under the influence, or being under the influence of toluene, or any substance or material containing toluene, or any substance with similar toxic qualities, is unlawful. Some substances or materials containing toluene, or substances with similar toxic qualities are commonly referred to, but not limited to, inhalants such as cement, glue, and paint thinner.
(e)The Legislature has determined that the purchase, possession, or use of alcohol by persons under 21 years of age is unlawful.
(f)Substance use disorder should be viewed and treated as a health problem, as well as a public safety problem as described in Section

11760.5.

(g)Comprehensive prevention and treatment services for

individuals experiencing or recovering from substance use disorders must be medically accurate, culturally congruent, and evidence based.

(h)Naloxone, a life-saving opioid antagonist medication used to reverse an opioid overdose, including heroin, fentanyl, and prescription opioid medications, is safe and easy to use, works almost immediately, and is not addictive. Naloxone has very few negative effects, and has no effect if opioids are not in a person’s system.
(i)With the establishment of the Naloxone Distribution Program and the United States Food and Drug Administration’s approval for over-the-counter, nonprescription use of naloxone for the reversal of an opioid overdose, the Legislature further finds that carrying naloxone provides an extra layer of protection

for those at a higher risk for overdose. Although most professional first responders and emergency departments carry naloxone, they may not arrive in time to reverse an opioid overdose. Anyone can carry naloxone, give it to someone having an overdose, and potentially save a life. Bystanders such as friends, family, non-health care providers, and persons who use drugs can reverse an opioid overdose with naloxone.

Amended by Stats. 2025, Ch. 569, Sec. 11. (AB 1037) Effective January 1, 2026.

For the purpose of this division, the following definitions apply:

(a)“Drug” means all of the following:
(1)Any controlled substance as defined in Division 10 (commencing with Section 11000).
(2)Any imitation controlled substance as defined in Chapter 1 (commencing with Section 11670) of Division 10.1.
(3)Toluene or any substance or material containing toluene or any substance with similar toxic qualities as set forth in Sections 380 and 381 of the Penal Code.
(b)“Drug- or alcohol-related program” means any program designed to assist persons with substance use disorders whether through education, prevention, intervention, treatment, or other means.
(c)“Local agency” shall include, but is not limited to, a county, a city, a city and county, and school district.
(d)“State agency” shall include the State Department of Health Care Services, the State Department of Education, the Department of Justice, the Office of Criminal Justice Planning, and the Office of Traffic Safety. Any other state agency or department may comply with this division.

Added by Stats. 1989, Ch. 1429, Sec. 1. Operative July 1, 1990, by Sec. 3 of Ch. 1429.

(a)A state agency that distributes state funds to an entity, whether public or private, for a drug- or alcohol-related program shall establish and provide guidelines and procedures for the entity to use to ensure compliance with this division. If the drug or alcohol program fails to satisfy the guidelines adopted by the state agency, the drug or alcohol program shall not receive state funds from the state agency. A state agency that provides or develops drug- or alcohol-related programs shall also comply with this division.
(b)Each state and local agency which distributes funds shall establish a reasonable time frame for each program to comply with the requirements of this division.
(c)A drug- or alcohol-related program that receives state funds from a local agency shall file with the local agency which distributes the state funds a written assurance signed by the person responsible for operating the drug- or alcohol-related program stating all of the following:
(1)The person understands the requirements of Section 11999.2.
(2)The person has reviewed those aspects of the program to which Section 11999.2 applies.
(3)Those aspects of the program to which Section 11999.2 applies meet the requirements of Section 11999.2.
(d)Every state or local agency distributing funds to which this division applies shall provide a process for appealing a determination to deny or terminate funding to a drug- or alcohol-related program based upon noncompliance with the requirements of this division. When funding is allocated to counties for distribution to local agencies, the director of the state agency distributing the funds shall develop and distribute to counties guidelines for the development of a local appeals process.
(e)A local agency which receives state funds from a state agency for establishing a drug- or alcohol-related program and which has discretionary authority for how the local agency spends the state funds, shall consider the requirements of Section 11999.2 in establishing the drug- or alcohol-related program.
(f)School district personnel who have authority to select and purchase instructional materials, curricula, or both, for the purpose of teaching drug or alcohol use prevention, or both, shall follow the requirements specified in Section 11999.2.

Amended by Stats. 2006, Ch. 63, Sec. 4. Effective July 12, 2006. Note: This section was added on Nov. 7, 2000, by initiative Prop. 36.

The department shall allocate up to 0.5 percent of the fund’s total moneys each year to fund the costs of the studies required in Section 11999.9 by a public or private university.

County Reports

Counties shall submit a report annually to the department detailing the numbers and characteristics of clients-participants served as a result of funding provided by this act. The department shall promulgate a form which shall be used by the counties for the reporting of this information, as well as any other information that may be required by the department. The department shall establish a deadline by which the counties shall submit their reports.

Amended by Stats. 2006, Ch. 63, Sec. 5. Effective July 12, 2006. Note: This section was added on Nov. 7, 2000, by initiative Prop. 36.

The department shall conduct periodic audits of the expenditures made by any county that is funded, in whole or in part, with funds provided by this act. Counties shall repay to the department any funds that are not spent in accordance with the requirements of this act. The department may require a corrective action by the county in the place of repayment, as determined by the department.

Excess Funds

At the end of each fiscal year, a county may retain unspent funds received from the Substance Abuse Treatment Trust Fund and may spend those funds, if approved by the department, on drug programs that further the purposes of this act.

Amended by Stats. 2013, Ch. 22, Sec. 67. (AB 75) Effective June 27, 2013. Amending action operative July 1, 2013, by Sec. 110 of Ch. 22. Section inoperative July 1, 2013, by its own provisions from this amendment.

(a)The State Department of Alcohol and Drug Programs shall administer and award grants to counties to supplement funding provided under the Substance Abuse and Crime Prevention Act of 2000 for the purpose of funding substance abuse testing for eligible offenders. Funding shall be used to supplement, rather than supplant, funding for existing substance abuse testing programs.
(b)This section shall become inoperative on July 1, 2013.

Amended by Stats. 2013, Ch. 22, Sec. 68. (AB 75) Effective June 27, 2013. Amending action operative July 1, 2013, by Sec. 110 of Ch. 22. Section inoperative July 1, 2013, by its own provisions from this amendment.

(a)To be eligible for a grant pursuant to this division, a county shall have on file with the State Department of Alcohol and Drug Programs an approved plan for implementing the Substance Abuse and Crime Prevention Act of 2000.
(b)The county plan shall include a description of the process to be used for substance abuse treatment and substance abuse testing of probationers consistent with Sections 1210.1 and 1210.5, and substance abuse treatment and substance abuse testing of parolees consistent with Sections 3063.1 and 3063.2.
(c)The State Department of Alcohol and Drug Programs shall establish a fair and

equitable distribution formula for allocating money to eligible counties.

(d)This section shall become inoperative on July 1, 2013.