Drug Possession Law in California - Health and Safety Code 11350
Drug possession, also known as possession of a controlled substance (Health and Safety Code Sections 11350 and 11377), is a felony offense. However, with certain drugs, it may instead be charged as a misdemeanor offense.
To convict you of drug possession, the prosecution must prove:
- (1) that you had control over the drug,
- (2) that you knew about the drug,
- (3) that you knew it was an illegal drug, and
- (4) that you had enough of the drug to use.
There are two ways in which you can possess the drug: actual possession and constructive possession. For actual possession, you must have physical control over the drug. Constructive possession, on the other hand, means you can be considered to have control over the drug even if it's not on your person. For example, if the drugs were found in your car, you could still be charged with constructive possession if it's proven that you knew about the drugs and had control over the car.
Typically, if this is your first time offending, you can get a drug diversion program instead of jail time, which is a form of alternative sentencing. It is recommended that you speak with an attorney as soon as you are aware of the investigation into or charges you so that you may discuss the specifics of your cases, possible defenses, and how to achieve the best outcome.
With the enactment of a new law, the severity of penalties for distributing fentanyl has significantly increased, reflecting the gravity of the rising overdose deaths.
Health and Safety Code 11365 HS makes it a misdemeanor crime for someone to knowingly be present at a place where controlled substance use is occurring or if they aid or abet the drug use in some way. It's not uncommon for police to search a vehicle without a warrant because several exceptions and loopholes allow officers to do so.
Criminal Lawyer for Any Type of Drug Possession Arrest
The laws regarding the possession of drugs have changed regularly over the years, and there are various aspects to the possession laws.
For simple possession of marijuana for personal use (under an ounce, or 28.5 grams), you are facing a misdemeanor punishable by up to a $100 fine. For amounts over 28.5 grams, the penalties are increased to up to 6 months imprisonment and up to $500 in fines or both.
However, if you are in possession of a controlled substance such as cocaine, methamphetamine, heroin, LSD, meth, ecstasy, ketamine, and prescription painkillers that one does not have a prescription for, then you are facing felony charges punishable by up to 3 years imprisonment.
As long as the possession wasn't sufficient for possession with intent to sell, a more serious offense where the prosecution must prove that you intended to sell the drugs, then you might be eligible for a treatment program in place of prison. Further, you might be eligible for a drug court.
If you are arrested for this type of drug crime, seek legal advice from a qualified Los Angeles criminal defense attorney who can review your case and determine the best avenues for your situation.
Fight your Drug Offense Charges!
In California, possession of a controlled substance, such as a usable amount of heroin, cocaine, or prescription drugs without a valid prescription, is illegal.
As with any crime, some circumstances and defenses should be investigated to determine if the police did their investigation correctly regarding the evidence and whether or not the charges are in line with the actual situation. A qualified and skilled criminal defense lawyer will meet with you regarding the circumstances surrounding the charges.
From there, a strategy will be developed and implemented to help get the charges dropped or reduced if possible, and a solid defense based on the facts will be employed to achieve the most favorable results.
Drug possession charges should be taken seriously as they can have a profound effect on your life. Not only can you face imprisonment, but this may also lead to the loss of your livelihood, increased insurance rates, and significant financial impact on you and your family.
At Cron, Israels & Stark, we are dedicated to assisting you through this difficult time by providing you with personalized service throughout your case. If you have been arrested for possession of drugs, take effective action and contact a lawyer from our firm for a free consultation and assessment of your case.
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