Possession of a Controlled Substance FAQs – Health and Safety Code Section 11350

1. I can only be charged with possession of a controlled substance if I am caught under the influence, using, or selling the drug, right?

No. The mere fact that that the substance was in your possession is sufficient to be charged under California Health and Safety Code Section 11350.

2. If I am charged with possession of a controlled substance, is there any way I can avoid jail?

Yes. People charged with California Health and Safety Code Section 11350 can be eligible for diversion programs under California Penal Code Section 1000 or Proposition 36. These programs give defendants the opportunity to receive treatment rather than go to jail. If you qualify for California Penal Code Section 1000, judgment against you will be deferred for a period of time so that you can complete a drug rehabilitation program – a successful completion of the program, along with a period of good behavior, will result in a dismissal of the case. Proposition 36 functions in a similar way in that the judge will place you on probation during which you will have to complete a drug rehabilitation program in order to have your case dismissed.

3. If I am caught with prescription medication, can I still be charged with possession of a controlled substance?

Yes. Along with narcotics such as crack, cocaine, heroine, ecstasy, and ketamine, prescription drugs (e.g., Vicodin and Codeine) that are not lawfully prescribed may also incur a charge for possession.

4. If the drugs were found in my car, can I still be charged with possession even though it wasn’t on me?

Yes. For the purposes of this crime, a person does not have to be holding or touching the drug to be in possession; all that is needed is for the person to have had control over it, or the right to control it. Since it is likely that you have control over the things that are found in your car, you may be held to possess any drugs recovered from it.