HS 11550 - Under The Influence of a Controlled Substance
Under California's Health and Safety Code 11550, it is a misdemeanor to knowingly use or be under the influence of a controlled substance or an illegally obtained narcotic drug.
This law is often enforced in cases of driving under the influence when drug use is suspected, as well as in drug possession cases when police have reason to believe an individual is under the influence of illegal drugs.
To prove guilt, the prosecutor must demonstrate that the individual intentionally used a controlled substance or narcotic drug, or that they were knowingly under its influence.
Controlled substances and narcotic drugs encompass stimulants, hallucinogens, depressants, and opiates. This law not only prohibits illegal drugs, but it also criminalizes the illegal use or being under the influence of prescription medications.
This covers substances like morphine, vicodin, codeine, and other opiates.
Key Takeaways
- Using a controlled substance or narcotic drug, as defined by California Health and Safety Code 11550, refers to current or recent use.
- There is no strict time frame for establishing if someone is currently using a controlled substance or narcotic drug. However, California courts have determined that usage more than 5 days before the arrest is not considered current.
- Being "under the influence" of a controlled substance or narcotic drug simply means that the effects of the substance or drug are detectable.
- It should be emphasized that this standard does not mandate that the individual be impaired or intoxicated to a level that endangers their health or safety. Instead, it only requires that the effects of the drug are observable by someone reasonably familiar with controlled substances.
What Qualifies as Being "Under the Influence?"
In a case alleging a violation of California Health and Safety Code 11550, the prosecutor must demonstrate beyond a reasonable doubt that you intentionally used a controlled substance or narcotic, or that you were under the influence of such a drug.
Initially, it is important to state that this code section explicitly excludes marijuana. The legality of using and possessing marijuana varies based on factors such as the user's age, medical status, quantity possessed, and the context of use.
Substances covered by Health and Safety Code 11550 include most "hard drugs" like cocaine, heroin, and methamphetamine. They also encompass hallucinogens such as psilocybin mushrooms and LSD.
However, the restriction on being under the influence applies to more than just illegal street drugs.
What About Prescribed Medication?
If you are found using or under the influence of prescription drugs unlawfully—such as using someone else's prescription or intentionally abusing your own, opposite your doctor's instructions—you may face legal action for being under the Influence.
If a drug is administered under a licensed doctor's supervision, you have a valid defense against such charges.
People accused of being under the influence of controlled substances are often charged with substances like Vicodin, OxyContin, Xanax, Ritalin, and Adderall.
What Are the Penalties for a Conviction?
A conviction for being under the influence can result in strict legal consequences such as jail, probation, drug counseling, and fines. These penalties may be more severe with multiple offenses or if a firearm was involved while under the influence.
Many individuals charged with being under the Influence may qualify for a diversion program.
If not eligible for diversion, a first offense under Health and Safety Code 11550 can lead to up to 5 years of probation, up to 1 year in county jail, drug counseling, and community service or labor.
A third conviction for being under the influence within 7 years, especially if the individual refuses to complete drug counseling, results in a mandatory minimum sentence of 180 days in county jail.
What Legal Defenses are Available?
Your California criminal defense lawyer will challenge the adequacy of the government's evidence for each element. Initially, they might contend that you were not intentionally under the influence.
This defense, sometimes called involuntary intoxication, applies when someone is unknowingly given a controlled substance that causes intoxication.
In some cases, the accused might have been under the influence of a substance or drug that isn't illegal in California. They could have been using a prescription medication, as directed by their doctor.
Your attorney may contend that there is not enough evidence to prove you were actually under the influence of the drug. This could be based on blood tests showing no controlled substances or narcotics in your system.
If the evidence against you is only circumstantial, such as the presence of paraphernalia, your lawyer will argue that a reasonable doubt exists regarding the "use" or "being under the influence" aspects of the charge, which could lead to your acquittal.
At Cron, Israels & Stark, we have a strong history of successfully defending individuals against all types of drug charges. Contact our law firm for a case evaluation.