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Wrongful Possession Of A Controlled Substance In California
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However, if you are in possession of a controlled substance such as , methamphetamine, , LSD, meth, ecstasy, ketamine, and prescription painkillers that one does not have a prescription for, then you are facing felony charges punishable by up to 3 years imprisonment.
California Health and Safety Code § 11350(a) HS makes it a misdemeanor to possess controlled substances such as street drugs or medicinal narcotics without a valid prescription. “possession for personal use.”
Under California Health and Safety Code Section 11350 HSC, possessing a controlled substance without a valid prescription is illegal. This applies to illicit drugs such as , and LSD as well as painkillers such as Vicodin and OxyContin, anti-anxiety medication such as Xanax, and codeine.
Possession of Methamphetamine - California Health and Safety Code 11377(a) California Health & Safety Code 11377(a) makes it a crime to possess methamphetamines for personal use. Possession of methamphetamine is described under California Health and Safety Code 11377(a).
Federal law prohibits the unlawful manufacturing, distribution, use, and possession of controlled substances. Penalties depend on various factors, including the type and amount of the drug involved, and whether there is intent to distribute.
Federal Drug Mandatory Minimum Sentences for Possession For possession, you won't be required to serve a mandatory minimum sentence, unless you have a prior drug conviction from federal or another state jurisdiction, then you'll be sentenced to no less than 15 days of incarceration with a maximum of up to two years.
However, if you are in possession of a controlled substance such as cocaine, methamphetamine, heroin, LSD, meth, ecstasy, ketamine, and prescription painkillers that one does not have a prescription for, then you are facing felony charges punishable by up to 3 years imprisonment.
One of the most frequently-charged drug crimes is possession of a controlled substance under California Health & Safety Code Section 11350 HSC. Someone can be charged with this felony offense for possessing even a miniscule amount of drugs, and conviction can result in severe consequences, including prison.
For example, if illegal drugs are found in the glove compartment of a car owned and frequently driven by the defendant, and there is evidence suggesting the defendant knew about the drugs and their illegal nature, this could constitute constructive possession.
Actual possession is the immediate physical control and use of a certain asset. Constructive possession is the legal possession, control, and knowledge of an asset even if one does not have it in their physical possession.