Possession of a controlled substance is a crime that involves the unlawful possession of certain drugs or other substances. Under California Health and Safety Code section 11350, it is illegal to possess certain controlled substances, including drugs such as cocaine, heroin, and methamphetamine, without a valid prescription or other legal authorization. Possession of a controlled substance is generally charged as a misdemeanor, punishable by up to one year in county jail and a fine of up to $1,000.
In order to be convicted of possession of a controlled substance, the prosecution must prove that the defendant knew that they were in possession of the substance and that the substance was a controlled substance. This means that the defendant must have been aware that they had the substance in their possession and that it was a drug or other substance that is regulated by law. Possessing a controlled substance without knowing that it was a controlled substance, or without being aware that one was in possession of it, is not sufficient to support a conviction for possession of a controlled substance.
There are several defenses that may be available to someone charged with possession of a controlled substance. For example, the defendant may be able to argue that they did not know that they were in possession of the substance, or that they did not know that it was a controlled substance. The defendant may also be able to argue that they had a valid prescription or other legal authorization for the substance, or that the substance was planted on them by someone else.
Possession of a controlled substance can be charged as a more serious crime if the defendant is found to be in possession of a large quantity of the substance, or if they are found to be in possession of the substance with the intent to sell or distribute it. In these cases, the crime can be charged as a felony, punishable by 16 months, 2 years, or 3 years in state prison and a fine of up to $20,000.
In addition to criminal penalties, a conviction for possession of a controlled substance can have other consequences, such as damage to the defendant’s reputation, difficulty finding employment, and difficulty obtaining loans or other financial assistance. It is important for anyone charged with possession of a controlled substance to seek the assistance of an experienced criminal defense attorney who can help them understand their rights and options and mount a strong defense against the charges.