(a) The Legislature finds and declares all of the following:

(1) Illegal poaching of the state‘s native plants is a threat to the state’s biodiversity, can put certain species at risk for extinction, and can negatively impact entire ecosystem functions.

(2) The illicit trade of live plants and animals is a multibillion dollar market responsible for the unwanted transmission of pests and diseases from one country to another.

(3) Dudleya poaching, specifically, has increased dramatically because they have become popular in many Southeast Asian countries, where a single plant can be sold for up to one thousand dollars ($1,000) on the black market. As a result, some poaching operations have been found to be in possession of thousands of dudleya taken from the state’s forests, mountains, and coastal bluffs.

(4) Some species of dudleya, which already face conservation challenges, such as habitat loss from development or altered wildfire regimes, are endemic to the state and their worldwide distribution is limited to a single county, island, or mountain range.

(5) Protecting dudleya populations from poaching activity is necessary to prevent the loss of species and to promote the conservation of the state’s biodiversity.

(b) For purposes of this section, “dudleya” means a succulent plant that belongs to the genus Dudleya and referred to commonly as “live-forevers” or “dudleya” that is native to California and grows in natural habitats.

(c) Except as provided in subdivision (e), it is unlawful to uproot, remove, harvest, or cut dudleya from land owned by the state or a local government or from property not their own without written permission from the landowner in their immediate possession.

(d) It is unlawful to sell, offer for sale, possess with intent to sell, transport for sale, export for sale, or purchase dudleya uprooted, removed, harvested, or cut in violation of subdivision (c).

(e) A person who holds a license or permit pursuant to Section 1002 may take dudleya consistent with that license or permit.

(f) Notwithstanding Section 12000, for a violation of this section, or any rule, regulation, or order adopted pursuant to this section, the following criminal penalties shall be imposed:

(1) For a first conviction, where the total value is two hundred fifty dollars ($250) or more, the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000), imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.

(2) For a second or subsequent conviction, the offense shall be a misdemeanor punishable by a fine of not less than ten thousand dollars ($10,000) and not more than five hundred thousand dollars, ($500,000), imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.

(g) In addition to, and separate from, any criminal penalty provided for under subdivision (f), where applicable, the cost of replanting any dudleya forfeited pursuant to subdivision (h), may be imposed by the court.

(h) Upon conviction or other entry of judgment for a violation of this section, any seized dudleya shall be forfeited to the department.

(i) Notwithstanding § 802 of the Penal Code, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense.

(Added by Stats. 2021, Ch. 370, Sec. 1. (AB 223) Effective January 1, 2022.)