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California Health and Safety Code 11550 | Under the Influence of a Controlled Substance

Posted in California Law,Drugs on July 9, 2024

While most drug laws prohibit possessing controlled substances, California Health and Safety Code 11550 actually illegalizes the act of being under the influence of one. Here is what you need to know if you are facing charges for being under the influence of a controlled substance and how a Riverside criminal defense lawyer can assist you.

Definition and Elements of the Crime of Under the Influence of a Controlled Substance

California Health & Safety Code 11550 HSC illegalizes the act of being under the influence of a controlled substance, which includes various types of drugs, including prescription medications for which a person does not have a valid prescription, such as:

  • Methamphetamine
  • Heroin
  • Cocaine
  • Morphine
  • PCP
  • Codeine
  • Hydrocodone
  • Phencyclidine

These substances do not include marijuana or a prescription for which someone has a valid prescription.

Under the influence means that a person’s nervous system, brain, or muscles are appreciably affected by the controlled substance or that the controlled substance has created a detectable abnormal mental or physical condition. Full impairment is not necessary to establish the elements of this crime.

California courts have not defined how much time must have lapsed between taking the drug and being arrested for a person to be considered under the influence. However, they have held that a person can be guilty of this crime if they were under the influence within two days of taking the controlled substance.

Such influence must be willful.

The prosecution may present various types of evidence to establish you were under the influence of drugs, such as:

  • Testimony from the police officer who arrested you
  • Testimony from a drug recognition expert
  • Chemical test results
  • Videos of your behavior at the time of arrest

Penalties for the Crime of Under the Influence of a Controlled Substance

This offense is classified as a misdemeanor, absent any aggravating factors. It is punishable by up to one year in jail. However, a conviction usually requires a minimum 90-day sentence unless otherwise provided by law. You could also be subject to additional penalties, including:

  • Attendance in a drug treatment program
  • Community service completion
  • Probation for up to five years
  • Work release and home arrest
  • Fines

If you have two prior convictions for this offense within the past seven years, you are subject to a minimum of 180 days in jail.

In some cases, it is possible to complete drug rehabilitation in lieu of these other penalties.

Contact a Riverside criminal defense lawyer today

Defenses to the Crime of Under the Influence of a Controlled Substance

Multiple defenses may apply for this type of offense. An experienced criminal defense lawyer can consider the following defenses and others that may be present in your case:

  • You had a valid prescription. This crime is based on illegal drugs.
  • You were not willfully under the influence. For example, someone could have slipped a drug into your drink.
  • You were going through withdrawal. This crime requires that you show impairment close to the time of arrest. Withdrawal shows past drug use, not current use.
  • There is reasonable doubt. It is up to the prosecution to provide compelling evidence of your impairment. You must be acquitted if there is insufficient evidence to meet this burden.

Contact a Riverside Criminal Defense Lawyer for a Free Consultation

Learn more about how our experienced criminal defense attorneys at the Law Offices of Graham D. Donath, APC can help when you contact us for a free case review.