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

Section 11350 lists the specific controlled substances that are illegal to possess. Possession means that a person has physical custody and control over the substance. The prosecution can satisfy this burden by proving that the substances were in a vehicle or home that belongs to you. Even if you did not personally buy the substances, or were not using the substances, the prosecution can still charge you with felony drug possession.

The prosecution must prove that you had control over a usable amount of a drug listed in Section 11350 of the Health and Safety Code. A usable amount is a quantity that is enough to be used by someone as a controlled substance. Useless traces or debris are not usable amounts. On the other hand, a usable amount does not have to be enough, in either amount or strength, to affect the user.

The prosecution does not need to prove that the defendant knew which specific controlled substance he or she possessed, only that he or she was aware of the substance’s presence and that it was a controlled substance.

If the prosecution can prove that you had physical custody or control, whether intentional or not, over any of the substances that make up the illegal substances, then you could be found guilty of this offense.