Wrongful Possession Of A Controlled Substance In Clark
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Under California Penal Code Section 17(d) the court has the power in its discretion to reduce certain misdemeanors to an infraction. Certain offenses that a prosecutor charges as a misdemeanor can be reduced to an infraction after negotiations between prosecutors and defense attorneys.
A person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practitioner of ...
Definition and Elements of the Crime Not only is it a crime to possess controlled substances, a person can also be prosecuted for being under the influence of drugs. Under California Health & Safety Code Section 11550 HSC, it is a crime to use or to be under the influence of a controlled substance.
Penalties Possession of a controlled substance is usually a felony level offense that is punishable by up to three years in prison. If the drug involved is gamma-hydroxybutyric acid (“GHB”) the offense is a “wobbler” than can be charged as either a felony or a misdemeanor.
California Health & Safety Code § 11550(a) makes it a crime to use or be under the influence of a controlled substance without a valid prescription for the substance taken. Defendant must show that he or she has a valid prescription for the substance at issue.
Under California's under the influence of a controlled substance law, Health and Safety Code 11550, it's a misdemeanor drug crime offense to willfully using or being under the influence of a controlled substance or an illegally obtained narcotic drug.
It doesn't have to be physically on you. It doesn't have to be yours. If you know it's a controlled substance, and you exercise control over it (or could do so), then you're in possession.
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.
NY A10321. Classifies gabapentin as a controlled substance.
You can be convicted of possession of a controlled substance in Texas if you exercised “care, custody, and control” over a controlled substance. Attempted possession of a controlled substance occurs when you had “specific intent” to commit the crime of drug possession but failed to complete the crime.
