Controlled substances: firearms.

(1) Existing law makes it a felony, punishable by imprisonment in the state prison for 2, 3, or 4 years to unlawfully possess any amount of a substance containing cocaine base, cocaine, heroin, methamphetamine, or phencyclidine while armed with a loaded, operable firearm. This bill would instead make that felony punishable in a county jail. By requiring the felony to be served in county jail, this bill would impose a state-mandated local program. (2) Existing law imposes an enhancement of 3, 4, or 5 years on the sentence of a person who is personally armed with a firearm in the commission of a violation of specified controlled substance offenses. This bill would require the enhancement to be served in state prison. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.