What Is Drug Possesion In California?

What is Drug Possession

in California?

Drug Possession is

charged under Health

& Safety Code

section 11350

How do you violate

Health & Safety Code

section 11350?

Possess an unprescribed narcotic drug

OR controlled substance.

POSSESSION IS REQUIRED to violate this law

2 kinds of possession:

Having the

substance at the

present moment or

in hand

Constructive PossessionActive Possession

Having control over the

substance (which is storing the

substance somewhere else

other than on hand, but still

having control over it)

Under this law, it is illegal

to possess certain drugs

What drugs are illegal?

1. Controlled SubstancesFor Example:

• Ectasy (MDMA, etc.)

• Cocaine

• PCP

• Marijuana

• Heroin

• and hundreds more…

2. Unprescribed narcotic drugs

For Example:

• Vicodin

• Codeine

• Testosterone

• HGC

• Morphine

• and hundreds more…

• A narcotic drug or controlled substance as a result

of a written prescription of a physician, dentist,

podiatrist, or veterinarian licensed to practice in

this state.

What drugs are legal?

How Does the

Prosecutor Prove this

Charge?

The prosecutor must prove you guilty of:

1. You [unlawfully] possessed a controlled substance;



2. You knew of its presence;




3. You knew of the substance's nature or character as a controlled substance;





4. The controlled substance was cocaine (for example);





4. The controlled substance was cocaine (for example);

AND

5. The controlled substance was in a usable amount.

What is “possession”?

• 2 or more people may possess

item at the same time.

• You do not have to actually hold

or touch something to possess

it.

IS Possession IS NOT Possession

• IS NOT simply agreeing to buy a

drug (that will not, alone, mean

you have control over item)

• NOT having any right to control

item, either personally or through

another person

What is “knowledge”?

• The prosecutor does NOT

need to prove that the

defendant KNEW WHICH

specific controlled substance

you possessed

IS Knowledge IS NOT Knowledge

• The prosecutor DOES need

to prove that you were aware

of the substance’s presence

AND that it was a controlled

substance

What is a “usable amount”?

IS A USABLE AMOUNT

• A quantity that is

enough to be used by

someone as a controlled

substance

IS NOT USABLE AMOUNT

• Useless traces (or debris)

ARE NOT usable amounts.

NOTE: A usable amount DOES NOT have to be enough, in either amount or strength, to affect the user.

What if you are

found guilty under

Health & Safety Code

section 11350?

Penalties

• Felony Conviction

What is a felony

conviction?

Consequences of a “felony”

• Weight & Stigma of being

deemed a “felon” under the law

• Lose right to possess firearm,

• Lose right to vote,

• Lose right to sit on a jury,

• Lose right to hold public office,

• Must provide law enforcement

with a DNA sample,

• Possible employment

consequences,

• Possible immigration

consequences, as a drug abuser, if

you are a noncitizen.


• 16 months-3 years in prison

Penalties



• 3-5 years formal probation

Penalties

What is probation?

Formal Probation

• Suspension of your prison sentence

• Imposition of strict supervision by a Probation Officer, who

provides a Probation Report to the court

• Requires that you obey all laws

• Requires that you comply with the terms and conditions of

your probation, as designated by the court




• Up to $10,000 in fines and fees

Penalties




• Up to $10,000 in fines and fees

• AND additional terms and conditions depending on your circumstances…

Penalties

Eligibility

• IS eligible for an Deferred Entry of Judgment sentence,

• IS NOT a “strikeable” offense,

• DOES require registration as a drug offender,

• IS eligible for Proposition 36 diversion

sentence.

What is a

“Proposition 36”

diversion sentence?

Proposition 36 states:

When a defendant is convicted of a “nonviolent drug possession offense,” under Prop. 36, the court must:

• Suspend the imposition of the sentence,

• Grant probation, and

• Require the defendant to participate in and complete a court-approved drug treatment program as a condition of probation.

Are there any defenses to this

charge?

Defenses

Based on your circumstances, the right attorney can provide applicable legal

defenses to your case. For example:

• Entrapment by law

enforcement officials

Defenses



• ENTRAPMENT by law


Defenses





• The controlled substance was

PRESCRIBED by a doctor

Defenses







• You did not KNOW that the

item was a controlled

substance

Defenses









substance

• You did not POSSESS the

controlled substance

Defenses









substance

• You did not POSSESS the

controlled substance

• There is a lack of sufficient

evidence to find you guilty under

this charge

818-860-7057

aizmanlaw.com

http://www.lacriminaldefensepartners.com/?aa_campaign=19a2a851

What Is Drug Possesion In California?

Law

Transcript of What Is Drug Possesion In California?