California Health and Safety Code section 11999
Health and Safety Code section 11999 was enacted in 1989, operative July 1, 1990. (Stats. 1989, ch. 1429, 1, 3, pp. 6322, 6325.)
The Legislature's intent in enacting Health and Safety Code section 11999 was "to prohibit state funds for any program that did not contain a 'no lawful use' message pertaining to alcohol and drug use." (Sen. Com. on Health & Human Services, Analysis of Sen. Bill No. 1377 (1989-1990 Reg. Sess.) as amended May 4, 1989, p. 1.)
According to the bill's author, "certain published materials, and certain treatment and education programs appeared to condone illegal drug use, through messages explaining how to use them 'responsibly.'" (Id. at p. 2.)
Thus, subdivision (f) of Health and Safety Code section 11999 expressly states:
"Public and private agencies that provide information pertaining to the drug- and alcohol-related programs provide mixed messages and misinformation relating to the unlawful use of drugs and alcohol. It is the intent of the Legislature that the messages and information provided by the drug and alcohol programs promote no unlawful use of any drugs or alcohol. Mixed messages mean communications discussing how to use or when to use unlawful drugs or alcohol."
In enacting Health and Safety Code section 11999 et seq. (div. 10.7 of the Health & Saf. Code Illegal Use of Drugs and Alcohol), the Legislature set forth certain findings and declarations. Appellant contends we should invalidate the Ordinance because it duplicates the finding and declaration in Health and Safety Code section 11999, subdivision (e), that "the purchase, possession, or use of alcohol by persons under 21 years of age is unlawful."