This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Wrongful Possession Of A Controlled Substance In Clark
Category:
State:
Multi-State
County:
Clark
Control #:
US-000303
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
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.