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HomeHealth and Safety CodeDiv. 10Ch. 6Art. 4§ 11369 Drug Trafficking Death Warning

§ 11369 Drug Trafficking Death Warning

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 11369 Drug Trafficking Death Warning

Key Takeaways

  • •If you sell or give away dangerous drugs like fentanyl, heroin, or meth, and someone dies because of it, you could be charged with murder.
  • •The court must warn you in writing that selling or giving away these drugs can kill people and lead to serious charges.
  • •This warning applies to real drugs and fake pills that look like real drugs.
  • •This law does not cover drugs like cannabis, LSD, or mushrooms.

Example

If you sell fake pills that have fentanyl in them, and the person who takes them dies,

you could be charged with murder because you gave them something that killed them.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 11369 Drug Trafficking Death Warning

(a) This section shall be known, and may be cited, as Alexandra’s Law. (b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug, of the following: “You are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in this conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or mixed, kill human beings in very small doses. If you illicitly manufacture, distribute, sell, furnish, administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code.” (c) The advisory statement shall be provided to the defendant in writing, either on a plea form, if used, as an addendum to a plea form, or at sentencing, and the fact that the advisory was given shall be specified on the record and recorded in the abstract of the conviction. (d) (1) Except as provided in paragraph (2), as used in this section, “hard drug” means a substance listed in Section 11054 or 11055, including a substance containing fentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401. (2) As used in this section, “hard drug” does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD), other psychedelic drugs, including mescaline and psilocybin (mushrooms), any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055. (Added November 5, 2024, by initiative Proposition 36, Sec. 4. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.)

Last verified: January 23, 2026

Key Terms

convictionsubstancefinedefendantoffensedeathcrimedanger

Related Statutes

  • § 11370 Drug Sale Probation Limits
  • § 11372.5 Criminal Laboratory Analysis Fee
  • § 11356.6 Fentanyl Education Program Requirements
  • § 11358 Cannabis Cultivation Penalties
  • § 11359 Cannabis Sale Possession Penalties

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 11369.
View Official Source