Heroin Possession Law - Health and Safety Code 11350
If you have been arrested for any type of drug crime involving heroin, you could be facing severe consequences if you are convicted.
Suppose your heroin arrest is being prosecuted as a federal drug crime. In that case, you are facing even more serious penalties that include a lengthy prison sentence due to the mandatory minimum sentences called for by the United States Congress.
If a heroin charge is being held in a federal court, this usually means that large quantities of the drug were involved.
Possession of heroin between one hundred grams and one kilogram of any substance that contains a detectable amount of heroin with intent to distribute, distribute that amount, or manufacture has a mandatory minimum sentence of five years in federal prison.
For cases that involve over one kilogram of heroin, the mandatory minimum sentence is ten years. Furthermore, if you have any prior felony drug convictions, even if the drug crime conviction is only simple possession, then prison sentences are even more severe.
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.
According to California Health and Safety Code 11355 HS, it is unlawful to agree to sell, provide, transport, administer, or give a controlled substance and then deliver a fake, substitute, or imitation drug instead.
California law broadly defines drug paraphernalia as any object, instrument, device, or contrivance used to illegally inject, smoke, or consume a controlled substance.
If you have been accused of certain California drug crimes, it might be possible to avoid a jail or prison sentence through a drug diversion program, commonly known as deferred entry of judgment. This program allows first-time offenders to undergo drug treatment and education instead of serving time in jail. Successful completion of the program can result in the dismissal of your charges.
What Does HS 11350 Say?
California Code, Health and Safety Code - HSC § 11350 says, "(a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.
(b) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a), the judge may, in addition to any punishment provided for pursuant to subdivision (a), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
(c) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered:
(1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service.
(2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service.
(3) If a defendant cannot pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.
(d) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:
(1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.
(2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance lawfully.
(e) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription."
Fighting Your Heroin 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.
Heroin is considered one of the most dangerous illegal drugs in use today. This is due to the physical and psychological harm it can inflict on the user and its potential for severe drug addiction.
Therefore, the Los Angeles District Attorney's Office takes heroin cases very seriously and will aggressively pursue a drug crime conviction.
Even worse is the prosecution of a heroin case by the federal government. You could be charged with a federal drug crimes case for possession of heroin with intent to distribute, distribution of heroin, conspiracy to distribute heroin or heroin importation.
Each of these serious drug crime charges carries potential penalties that could adversely impact the rest of your life.
At the Law Offices of Cron, Israels & Stark, we have a proven track record of successfully defending clients accused of any type of state or federal criminal drug charges involving heroin for decades. Although our office is located in Los Angeles, we defend clients in California and throughout the United States.
When you retain our Los Angeles criminal defense attorney, we will meticulously prepare and investigate your drug crime case, leaving no stone unturned. We will defend your rights in a court of law and explore all possible avenues for your defense. Further, you might be eligible for a drug court.
We will protect your Constitutional rights against illegal searches and seizures and other questionable techniques that local police and federal agencies may use to obtain evidence against you. This means we will ensure that any evidence presented against you was obtained legally and in accordance with your rights as a citizen.
Therefore, if you are currently under investigation or have already been arrested for a drug crime involving heroin, know that we are here for you. Contact us to get the legal defense you need. We offer a free case evaluation to discuss heroin charges and are available to our clients 24 hours a day, seven days a week.