California has some of the strictest drug laws in the country. One of the most common drug-related offenses in the state is possession of a controlled substance. Whether you are facing charges for possession of illegal drugs, prescription medication without a prescription, or any other substance prohibited under state law, understanding the legal nuances surrounding these charges is crucial. In this blog post, we will explore what constitutes possession of a controlled substance in California, the penalties associated with the crime, potential defenses, and what to do if you are facing such charges.

What is Possession of a Controlled Substance in California?

In California, possession of a controlled substance is defined by Health and Safety Code Section 11350. This law makes it illegal to possess certain substances that are classified as controlled substances. Controlled substances are categorized into five “schedules” based on their potential for abuse, whether they have medical uses, and their safety. These substances include:

• Heroin
• Cocaine
• Methamphetamine
• Prescription drugs like Oxycodone, Xanax, or Vicodin without a prescription
• Ecstasy (MDMA)
• LSD (Lysergic Acid Diethylamide)

The crime of possession occurs when a person knowingly possesses a controlled substance without legal authorization. The most important factor here is knowledge—you must have known that you were in possession of the illegal substance.

The Elements of A Possession of a Controlled Substance Charge

To be convicted of possession of a controlled substance, the prosecution must prove certain elements of the crime beyond a reasonable doubt:

1. Possession: The defendant must have had control over the substance, meaning it was within their immediate possession or proximity. This doesn’t mean the substance had to be physically on the person; it could be found in their car, home, or other areas they control.
2. Knowledge: The defendant must have known that they were in possession of a controlled substance. This means that the defendant must have been aware that the substance was illegal and within their control.
3. The substance was illegal: The substance in question must be classified as a controlled substance under California law.

Penalties for Possession of a Controlled Substance in California

The penalties for possessing a controlled substance in California vary depending on several factors, including the type of substance involved and whether the defendant has any prior convictions. Generally, possession of a controlled substance is considered a misdemeanor, but it can lead to more serious consequences under certain circumstances.

Misdemeanor Charges

If convicted of misdemeanor possession of a controlled substance, the penalties may include:

• Up to 1 year in county jail: A misdemeanor conviction can result in jail time of up to one year.
• Fines up to $1,000: In addition to jail time, a fine of up to $1,000 can be imposed.
• Probation: In many cases, a judge may opt for summary probation (informal probation) instead of jail time, especially for first-time offenders. Probation could come with conditions such as drug counseling or random drug testing.

Felony Charges

In some cases, possession of a controlled substance can be charged as a felony, particularly if the individual has prior drug convictions or if the amount of the controlled substance is unusually large. If convicted of felony possession, the penalties can be significantly harsher:

• Up to 3 years in state prison: Felony possession can result in significant prison time, especially if aggravating factors exist.
• Fines of up to $20,000: The fines for felony possession of a controlled substance can be substantial.
• Mandatory drug counseling: Individuals convicted of felony drug offenses may be required to complete drug treatment programs or other forms of rehabilitation.

Diversion Programs and Proposition 47

In 2014, California passed Proposition 47, which reduced certain nonviolent drug offenses from felonies to misdemeanors. Under Prop 47, possession of simple drug possession (e.g., possessing a controlled substance for personal use) is generally a misdemeanor, even for repeat offenders, as long as certain conditions are met.

Additionally, drug diversion programs offer an alternative to jail or prison time for some individuals charged with drug possession. If the defendant is eligible, they may be able to participate in a drug diversion program instead of serving time. These programs may include drug education, counseling, and community service. Successfully completing the program can result in the dismissal of the charges.

Defenses to Possession of a Controlled Substance Charges

If you are facing possession of a controlled substance charges, there are several possible defenses that your attorney can raise to fight the charges. These defenses can help challenge the evidence or establish that you should not be held criminally responsible. Some common defenses to possession charges include:

1. Lack of Knowledge: The prosecution must prove that you knew you had the illegal substance in your possession. If you were unaware of the substance or did not know that it was illegal, you may have a valid defense.
2. Illegal Search and Seizure: Under the Fourth Amendment, law enforcement cannot search you or your property without a warrant or probable cause. If the evidence against you was obtained during an illegal search or seizure, your attorney can file a motion to suppress the evidence, which may result in the charges being dropped.
3. Ownership or Control: If the controlled substance was found in a location that you do not have control over (such as in someone else’s car or house), you may be able to argue that you were not in possession of the substance.
4. Prescription or Medical Use: If the controlled substance was a prescription drug and you have a valid prescription, you may have a defense to the charges. However, you must be able to provide proof of the prescription.
5. Entrapment: If law enforcement officials induced you to possess the controlled substance when you otherwise would not have, you may be able to raise an entrapment defense.

What to Do If You Are Charged with Possession of a Controlled Substance in California

If you have been charged with possession of a controlled substance in California, it’s crucial to take immediate action. Here are some steps you should follow:

1. Contact a Criminal Defense Attorney: The most important step you can take is to contact an experienced criminal defense attorney who can evaluate your case, discuss your options, and help you understand the legal process.
2. Do Not Speak to Law Enforcement Without Legal Counsel: Anything you say to law enforcement officers can be used against you. It is always advisable to exercise your right to remain silent and wait for your attorney before making any statements.
3. Avoid Additional Charges: If you are caught with a controlled substance, avoid making any unnecessary statements or engaging in behavior that might result in additional charges, such as resisting arrest.
4. Gather Evidence: Work with your attorney to gather any evidence that can help defend against the charges, such as witness statements, medical records (for prescription drugs), or documentation of illegal searches.
5. Consider Diversion Programs: If you qualify, participating in a drug diversion program may be a viable option to avoid jail time and have your charges dismissed.

Contact Us For Help

Possession of a controlled substance is a serious crime in California that can lead to significant legal consequences, including fines, jail or prison time, and a permanent criminal record. If you are facing possession charges, it’s essential to consult with a skilled criminal defense attorney who can help protect your rights and explore potential defenses.

At our law firm, we are committed to providing aggressive and effective legal representation for clients charged with drug-related offenses. We understand how overwhelming facing criminal charges can be, and we are here to help guide you through the legal process. Contact us today for a consultation and take the first step toward defending your future.