In California, possession of a controlled substance, such as a usable amount of heroin, cocaine, or prescription drugs without a valid prescription, is illegal.
Since the passage of Proposition 47, simple possession of a controlled substance for personal use is typically a misdemeanor offense, which carries up to one year in a county jail, a fine up to $1,000, and other collateral consequences.
These collateral consequences, which can include loss of professional licenses, immigration consequences, and difficulty finding employment, can significantly impact your life. Notably, in some situations, you could face felony charges.
Unlawful possession of drugs is codified under California Health and Safety Code 11350 HS, which includes street drugs and prescription medications without a prescription.
Related Health and Safety Code 11377(a) HS makes it a crime to have possession of methamphetamine. Simple possession for personal use is a misdemeanor punishable by up to one year in jail and up to $1,000 in fines.
A controlled substance is a regulated drug that was placed on a schedule of controlled substances by the State of California. Some are always illegal, such as cocaine, heroin, or meth. Other drugs require a prescription, such as painkillers like morphine and oxycodone.
Most are defined as illegal under HS 11350. Other controlled substances, such as LSD, ecstasy, and methadone, are also regulated under this law.
If convicted, the consequences can be harsh. Depending on whether the crime is charged as a misdemeanor or felony, a year or several years in jail could be the punishment.
However, a primary element of the crime is that the district attorney must prove you were in "possession" of the drug in question. This legal term has specific definitions that can be complex. What does that mean exactly? Let's explore below.
What is a "Controlled Substance?"
The government strictly controls a drug or other controlled substance because it may be abused or cause addiction. The control applies to the way it's made, used, handled, stored, and distributed.
Controlled substances include opioids, stimulants, depressants, hallucinogens, and anabolic steroids. Some have known medical use, such as morphine, Valium, and Ritalin, and are available only by prescription from a licensed medical professional. Other controlled substances, like heroin and LSD, have no known medical use and are illegal in the United States.
There are "schedules" of controlled substances in California. Each drug is defined by broad categories of types and amounts of drugs that are similarly penalized, such as the following:
- Schedule I drugs (opiates, cocaine, mescaline).
- Schedule II drugs (opium, morphine, and other narcotics).
- Schedule III drugs (pentobarbital and anabolic steroids).
- Schedule IV drugs (prescription drugs such as diazepam and zolpidem).
- Schedule V drugs (lesser-controlled prescription drugs)
As noted, some drugs like methamphetamine are illegal by other statutes but are typically treated the same as controlled substances within these schedules.
California Health and Safety Code 109575 HS makes it a crime to manufacture, distribute, or possess an imitation controlled substance knowingly or with the intent to distribute it.
What is "Drug Possession?"
Under California law, there are three general types of "possession." These include actual possession, constructive possession, and joint possession.
All three types of possession can lead to criminal charges, but some are easier to prove. The different types of drug possession include the following:
- Actual possession is when someone has physical control over a controlled substance. This means the drug was on the person, such as in their pocket, bag, or hand. Actual possession is the most straightforward type of possession to understand and prove.
- Constructive possession is when someone does not have physical control over the substance but can exercise control or access it. This means they are aware of the controlled substance's presence and have the power and intention to control its disposition or use. Often, proving constructive possession is challenging unless there is clear evidence that connects the person to the location of the drug.
- Joint possession is when two or more people share control over a controlled substance. This means that each person can exercise control over the drug, even if they do not have physical possession of it simultaneously. Joint possession can sometimes be difficult to prove, mainly if the drug was found under one person's control but not the other.
What Must Be Proven to Convict?
To convict you of illegal possession of a controlled substance, the prosecutor must all the elements of the crime, beyond a reasonable doubt, such as the following:
- The substance is a controlled substance.
- You unlawfully possessed the controlled substance OR
- You did not have a valid prescription from a doctor.
- You knew of the presence of the controlled substance.
- You knew the substance was a controlled substance.
- You possessed a usable amount of the drug, not just residue.
What are the Penalties If Convicted?
In California, the penalties for illegal possession of a controlled substance will vary depending on several factors, including:
- The type and amount of the substance,
- Your criminal history and
- Whether the possession was for personal use or with the intent to sell.
Simple possession of a controlled substance is a misdemeanor offense. Still, certain factors, such as prior convictions, the amount of the drug, or the presence of weapons, can escalate the offense to a felony.
For misdemeanor crime of simple possession, the possible penalties include:
- Up to one year in county jail, and
- Fines up to $1,000
For felony offenses, there are longer jail sentences and larger fines.
Sometimes, in case of unlawful and non-violent drug possession cases, you could qualify for a drug diversion treatment program or drug court. These programs allow you to serve your sentence in a drug treatment program rather than jail.
Once you complete the program and meet some other requirements, your case is dismissed. Notably, the Los Angeles County District Attorney's Office will not typically prosecute misdemeanor HS 11350 drug possession cases.
What are the Common Defenses?
Getting charged with possession of a controlled substance is not the same as getting convicted. Our California criminal defense lawyers can use different strategies, depending on the case's details, such as the following:
- You did not know the substance was in your possession, such as inside a friend's car. This is called a lack of knowledge defense.
- You did not have control over the substance. Perhaps the drugs were found in a common living space, but you did not have access to that area. This is called a lack of control defense.
- The Fourth Amendment protects you from unreasonable searches and seizures. Perhaps we can argue there was an illegal search or seizure, which might lead to the dismissal of charges.
- Perhaps we can show that the controlled substance was legally prescribed and you had a valid prescription.
For additional information, please contact our law firm, Cron, Israels & Stark, in Los Angeles, CA.
Related Content:
