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Wrongful Possession Of A Controlled Substance In Los Angeles
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Multi-State
County:
Los Angeles
Control #:
US-000303
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FAQ
Under California drug sentencing guidelines, most instances of simple drug possession (for personal use) get charged as misdemeanors rather than felonies. The crime is punishable by: imprisonment in county jail for up to one year, and/or. a maximum fine of $1,000.
Simple possession of a controlled substance, also known as drug possession for personal use, is California's least severe drug offense. Typically, it is a misdemeanor that carries up to 1 year in county jail. You may also be eligible for a drug diversion program.
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.
Possession of a Controlled Substance A conviction for this offense is punishable by a jail sentence of up to one year. However, as a first-time offender, you can enter a drug diversion program and avoid incarceration for your offense.
Penalties for illegal drug possession Class A misdemeanor — jail sentences of 180 days to 1 year and/or fines of up to $4,000. State jail felony — jail confinement of 180 days to 2 years and/or fines of up to $10,000. 3rd-degree felony — federal prison sentence of 2 to 10 years and/or fines of up to $10,000.
There are three different types of possession that should be differentiated. These are actual, constructive, and joint possession. Each type has its own unique requirements and circumstances that must be met in order for it to be considered valid.
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.
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.
For example, you might be arrested for attempted possession of a controlled substance if you are caught trying to buy drugs from a drug dealer, but the drug dealer does not actually give you the drugs.
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.