California Health and Safety Code 11350(a) HS – Possession of a Controlled Substance makes it illegal to knowingly possess any controlled substance or narcotic drug without a valid prescription from a physician. A charge under HSC 11350(a) is typically called “simple possession” and is usually charged as a misdemeanor crime.
Even though it’s a relatively low-level crime, a conviction for drug possession can have several negative consequences on your life. If you’re currently facing charges for drug possession, an from Silver Law Firm can help explore your legal options and possible defenses.
Legal Elements of a Drug Possession Charge
There are three key elements the prosecution needs to prove to secure a conviction under HSC 11350(a) – Possession of a Controlled Substance. If you have more questions about these elements, you can talk to an Oakland drug crime lawyer from Silver Law Firm.
- Possession: You were in possession of an illegal substance or controlled substance without a prescription.
- Knowledge: You knew that the illegal drugs or controlled substances were in your possession.
- Usable amount: There is a sufficient quantity of the drug to consume. Courts have held that the usable amount standard exists to distinguish between individuals who actively possess drugs and those who may have only incidental contact with trace residue.
Possession
There are two types of possession that are relevant to drug possession cases. The first is actual possession, where the drugs are physically on your person. This would be the case if the cops pulled you over and found drugs in the pocket of your pants or jacket.
Constructive possession is when you don’t have the drugs actually on your person, but they are in a place that you control and have easy access to. This may be the case if the cops found drugs in your vehicle or in your home.
Knowledge of the Drugs
Possession is a crime of intent, so you must knowingly and intentionally possess the drugs. This means that you must have known that the drugs were there and that they were an illegal substance.
For instance, say you share a vehicle with a housemate, and they stashed the drugs in the glove compartment without your knowledge. Even though you may have had constructive possession of the drugs, you didn’t know about them or intend to possess them.
Usable Amount
There also must be a usable amount of the drugs. The amount doesn’t have to be enough to cause intoxication, but must be sufficient to actually use. Traces or fragments of drugs that cannot reasonably be consumed are generally not sufficient to secure a possession conviction.
For a free legal consultation with a health and safety code 11350(a) hs – possession of a controlled substance lawyer serving California, call (510) 995-0000
What Are the Penalties for Drug Possession in California?
Simple drug possession is typically charged as a misdemeanor in California, which can carry up to a year in county jail and a fine. Most first-time offenses without aggravating factors will be charged as misdemeanors. An attorney at Silver Law Firm can explore options for alternatives to jail time, such as drug counseling and probation.
However, there are harsher penalties if the prosecution determines you possessed the drugs with an intent to sell them. Unlike some states, California doesn’t establish a threshold drug quantity over which intent to sell is automatically assumed. Instead, prosecutors look at other factors to determine intent to sell, such as:
- The presence of drug packaging and weighing tools
- Ledgers or records of drug transactions
- Communications establishing an intent to sell (e.g., text messages, emails, etc.)
- Possessing large amounts of cash
- Frequent visits from other individuals
Possession with intent to sell is usually charged as a felony crime, which can carry up to four years in custody.
California Health and Safety Code 11350(a) HS – Possession of a Controlled Substance Lawyer Near Me (510) 995-0000
Potential Legal Defenses to Drug Possession Charges
Below are some of the most common defense strategies we can use to push back against possession charges:
- Lack of knowledge or intent. Since possession is a crime of intent, a lawyer can argue that you lacked the requisite knowledge or intent to commit a crime.
- Valid prescription. If you had a valid prescription for the drugs, such as certain opioids, then you are not guilty of possession.
- Entrapment. An entrapment defense argues that you wouldn’t have committed the crime without encouragement from law enforcement (e.g., undercover drug sales).
- Illegal search & seizure. If the police searched your vehicle or home without a valid warrant, a lawyer can petition to suppress evidence or have the case dismissed.
Every case is unique, but a criminal defense attorney from Silver Law Firm can determine an appropriate defense.
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Silver Law Firm: Oakland Drug Crime Lawyers
Do you have any more questions about Health and Safety Code 11350(a) HS – Possession of a Controlled Substance and related penalties? If so, contact a drug crime lawyer from Silver Law Firm.
We have over 37 years of combined legal experience and extensive familiarity with trying cases involving drug offenses.
Call or text (510) 995-0000 or complete a Free Case Evaluation form
