California Health and Safety Code Section 11350(a) HS: Possession of a Controlled Substance refers to the illegal possession of a controlled substance, or drugs, without a prescription for their use. The law covers the possession of illegal drugs and legal prescription medications.
Possession of controlled substances without a valid prescription can lead to drug charges and time in county jail. Fortunately, a Los Angeles drug possession defense lawyer can help you build a legal defense to these accusations.
This guide can help you to understand the basics behind HSC 11350(a) charges. You can get more information about drug possession charges from our team at the Simmrin Law Group when you call or complete our online contact form.
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When the police arrest you for possession, many factors surrounding your charges will come into play to determine the outcome of your case.
Minor possession charges might result in being sentenced to attend a drug diversion program administered by the state, or a more severe felony conviction could result in prison sentences and high fines.
If you have questions about the legal meaning behind the legal code and what exactly applies to California Health and Safety Code Section 11350(a), you can find the answers here. You can also contact a Los Angeles criminal defense lawyer or more information.
What Is Possession of a Controlled Substance?
What Are Controlled Substances?
What Are the Possible Penalties for Being Charged With Possession of a Controlled Substance in California?
How Does a Prosecutor Prove Possession Under 11350(a) HS?
What Is Constructive Possession vs Actual Possession?
For a free legal consultation with a possession of a controlled substance lawyer serving California, call (310) 896-2723
What Is Possession of a Controlled Substance?
Generally referred to as possession for personal use or simple possession, California Health & Safety Code 11350(a) HS makes the possession of specific controlled substances illegal unless you have a prescription from a doctor.
The laws on drug possession in California are somewhat complex, and an attorney may be able to help answer questions about your specific case. These charges can apply if you have possession of illegal drugs or prescription medications without a valid prescription.
California Possession of a Controlled Substance Lawyer Near Me (310) 896-2723
What Are Controlled Substances?
Some may wonder what the legal definition of a controlled substance is. The DEA has a 19-page alphabetized list of controlled substances for those who are curious. For the purposes of this code, the most common examples of controlled substances can be:
- Heroin
- Opiates and opium derivatives: codeine, methadone, psilocybin, oxycodone, hydrocodone, etc.
- Stimulants: cocaine, molly, MDMA, ecstasy, methamphetamine, etc.
- Anabolic steroids (in any form): nandrolone, testosterone, ketamine, etc.
- Synthetic cannabinoids
- Fentanyl derivatives
- Hallucinogens: peyote, mescaline, LSD, etc.
- Anticonvulsants
- Depressants: PCP, PCM, PCC, amobarbital, lysergic acid, etc.
According to the Controlled Substances Act, drugs belong in one of five schedules based on these considerations:
- Potential for abuse
- Pharmacological effects
- The current scientific knowledge of the drug and its effects
- The patterns of abuse seen in the past
- How severe and significant the abuse is
- The duration of abuse
- Public health risk
- Liability of physiological and psychological dependence
- Whether the drug is a precursor to an existing controlled substance
Possession of drugs can severely impact your life, resulting in time in county jail, community service requirements, fines, and other penalties.
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What Are the Possible Penalties for Being Charged With Possession of a Controlled Substance in California?
The court generally treats HS 11350(a) as a misdemeanor. You could be fined up to $1,000 and sentenced to up to 364 days of jail time. Other possibilities that are likely for a first offense could be probation or referral to a drug treatment program.
Random drug testing, random searches, community service, or other penalties and fines could apply for a misdemeanor charge.
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How Does a Prosecutor Prove Possession Under 11350(a) HS?
If you face charges for possession of a controlled substance, the prosecutor’s job is to provide the proof needed to establish you are guilty of the crime. The prosecution must prove five elements for a possession charge to stick:
- You possessed a controlled substance unlawfully
- You knew it was there
- You knew what the substance was or the nature of the substance
- That it was indeed a controlled substance
- You possessed a useable amount of the substance
While this sounds straightforward enough, it’s essential to consider that knowledge of the drug is a crucial aspect of the case. For instance, pretend that a friend asked you to hold a container of her medication in your purse. You agree because you believe it is her ulcer medication.
Later, a cop pulls you over, and your purse spills onto the floor. He sees the medication, asks what is in the bottle, and you offer it to him, explaining that it’s your friend’s ulcer treatment prescription that she asked you to store in your purse. He opens the bottle, discovers oxycontin, and arrests you.
The prosecutor is not likely to be able to prove your guilt because you did know it was a controlled substance, and you didn’t know what the substance was. A lawyer may establish reasonable doubt of your guilt in this situation.
What Is Constructive Possession vs Actual Possession?
Actual possession of a substance means that they found the drug on your person, like in your pocket or purse.
Constructive possession is a little harder to control and define. Drugs in a place that you have the right to control, such as your desk at work or a locker, could qualify as constructive possession.
What Is a Usable Amount?
According to California Health and Safety Code Section 11350(a) HS: Possession of a Controlled Substance, you must have a usable amount of the narcotic drug or another substance to face prosecution for possession.
In other words, a trace amount or some debris isn’t enough to get you convicted. While there does need to be enough to consume, it doesn’t need to be enough to affect the end-user. So, the dust inside a prescription bottle or the debris of a tiny pill fragment may not qualify.
Conversely, if you have more substantial amounts of a drug, a prosecutor could choose to charge you with possession with intent to distribute. Facing these types of charges are more serious and can have much more severe consequences, including a longer jail sentence.
How Do Lawyers Help with Possession of Controlled Substances Charges?
A lawyer can help you build a defense if the police accuse you of possession of illicit drugs. We may argue that:
- You never had physical control of the illicit substance
- The prosecution has insufficient evidence to charge you
- The police carried out an illegal search
- You had legal prescription drugs and a valid prescription
We treat drug crime charges seriously and may fight to have your charges dismissed or reduced. In some cases, we can push for minimum fines and community service. In other situations, the court may completely dismiss the charges.
You can contact us to learn more about alternative sentencing and California’s drug diversion programs. We’re also ready to represent you in court aggressively.
Call to Speak to a Lawyer for Free Today
If you or a loved one face charges under California Health and Safety Code Section 11350(a) HS: Possession of a Controlled Substance, do not hesitate to contact the criminal defense attorneys of Simmrin Law Group.
Our team has helped thousands of clients and understands the defense strategies of possession cases.
Our attorneys are available for a free case evaluation, so there is no risk to call us and learn more about how we can help you. Your information is protected and completely confidential. Contact us today to learn more.
Call or text (310) 896-2723 or complete a Free Case Evaluation form