Definition

Possession of a Controlled Substance under California Health and Safety Code Section 11350, is a criminal offense and it is normally filed as a felony. It’s when someone has in their possession a controlled substance such as heroin, cocaine or peyote, for example. These examples are limited as there are several types of substances that are regulated by the United States Controlled Substances Act. There are additionally three types of possession described in the code, which include:

·         Joint possession, as the name implies, this is shared with someone else

·         Actual possession, which means having the substance at the present moment or in hand

·         Constructive possession, which signifies storing the substance somewhere else other than on hand, but still having control over it.

Elements of the Crime

In order to take an Possession of a Controlled Substance under California Health and Safety Code Section 11350, case to trial, certain elements of the crime will have to be proven. These include:

·         That the defendant had in their possession a controlled substance

·         That the defendant knew it was a controlled substance and illegal for use

·         That the defendant had enough of the controlled substance for misuse

Punishments for California Possession of a Controlled Substance

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of Possession of a Controlled Substance, it is usually filed as a felony, which includes:

·         Up to one year in jail, and a probation, (or)

·         Sixteen months,  two or three years in prison

Legal Defenses for California Health and Safety Code 11350

A good California defense lawyer can present many legal and valid defenses for Possession of a Controlled Substance charges under California Health and Safety Code 11350 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Possession of a Controlled Substance.

Learn more about other California Section Penal Codes here.