In California, Health and Safety Code section 11350 makes it unlawful to possess a variety of drugs. Even possession of a medically prescribed drug is illegal unless the prescription is available. Possession means that a person has physical custody and control over the substance. The prosecution’s burden of proof will be met when the substance was uncovered from the person’s vehicle, home, or personal belongings. The prosecution must also prove that such person had control over a usable amount of drugs, meaning that the amount was enough to be used by someone as a controlled substance.
Unless a person has a written prescription from his or her physician, dentist, podiatrist, or veterinarian, possession of any usable amount of a controlled substance may be punishable up to three years in state prison. However, in California a person convicted of possession of a controlled substance may be sentenced to one of the two diversion programs as the alternative to actual imprisonment – Penal Code 1000 and Proposition 36. Penal Codes section 1000 usually available for first-time offenders who have no prior criminal conviction involving controlled substances. Prop 36, on the other hand, may be available for those individuals who have been convicted of certain violent felonies.
If you have been accused of possession of a controlled substance, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/possession-controlled-substance-overview. We will be there when you call.
