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California Health and Safety Code 11350 | Possession of a Controlled Substance

Posted in California Law,Drugs on July 1, 2024

Recognizing the destruction that drug use can cause to its communities, California has illegalized the possession of controlled substances. One drug charge that prosecutors frequently charge in Riverside is possession of a controlled substance under California Health & Safety Code 11350. If you are facing charges of this nature, contact the Law Offices of Graham D. Donath, APC for immediate legal assistance and guidance.

What Is Possession of a Controlled Substance?

It is illegal under California Health & Safety Code 11350 HSC to possess a controlled substance without a valid prescription. To prove this crime, the prosecution must establish the following legal elements by proof beyond a reasonable doubt:

  • Controlled substance – The item in question must be a controlled substance made illegal by state or federal law. This includes illegal street drugs, such as cocaine and heroin, as well as prescription medication for which you do not have a valid prescription, such as opiates.
  • Usable amount – The prosecution must show that the drug was enough to be used as a controlled substance. This requires more than traces or debris of drugs. The amount does not have to be sufficient to impair you.
  • Possession – Possession can be either actual, in which you had the drugs on your person, or constructive. Constructive possession means the drugs are found somewhere you have control over, such as in your home or vehicle.
  • Knowledge – The prosecution must prove that you knew of the substance’s presence and that it is a controlled substance.

Penalties

Simple drug possession can be charged as a misdemeanor in which there could be a penalty imposed of up to one year in county jail and a maximum fine of $1,000. Some defendants are eligible for diversion under Proposition 36, which dismisses criminal charges after the successful completion of a drug treatment program.

However, penalties for drug possession can vary based on the type of drug, quantity, and the presence of aggravating factors, including a prior criminal history (even if they are convictions for non-drug-related crimes). Felony drug possession can result in imprisonment of up to three years in a county jail.

Need help? Contact a drug possession attorney today

Are There Defenses to Drug Possession?

To avoid the harsh penalties described above, you will need to mount an aggressive defense. Depending on the circumstances, possible defenses may include:

  • You were not in possession of the drugs – Someone else may have placed the items in your belongings without your knowledge or shared a space with you, and you may not have known it. Or, you could have only held the drugs for a brief moment to dispose of them.
  • You have a valid prescription—You can raise this defense if you have a valid prescription from a licensed physician, dentist, podiatrist, or veterinarian.
  • Police conducted an illegal search and seizure – Law enforcement must generally have probable cause before they can search and seize property. If police conduct an illegal search, evidence of the drugs can be suppressed, and the case may be dismissed.

Contact Our Legal Team Today to Fight the Charges

Graham Donath is a board-certified attorney with decades of experience protecting the rights of the accused. Contact the Law Offices of Graham D. Donath, APC by calling (951) 667-5293 for your free consultation.