Wrongful Possession Of A Controlled Substance In San Jose
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The Controlled Substances Act (CSA) places all substances which were in some manner regulated under existing federal law into one of five schedules. This placement is based upon the substance's medical use, potential for abuse, and safety or dependence liability.
Cocaine. Heroin. Prescription painkillers (without a valid prescription) Opiates.
Some of these are always illegal, such as cocaine, heroin, or meth. Others are prescription drugs, such as painkillers like morphine and oxycodone. Most of these are defined as illegal under California Health & Safety Code §11350. This code defines six “schedules” of controlled substances in California.
A drug or other substance that is tightly controlled by the government because it may be abused or cause addiction. The control applies to the way the substance is made, used, handled, stored, and distributed. Controlled substances include opioids, stimulants, depressants, hallucinogens, and anabolic steroids.
Possession of a controlled substance classified in Schedule IV of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to six months and fine up to $1,000, either or both.
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.
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.
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.
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.
Whether your constructive possession case involves illegal drugs, firearms, or anything else, the penalties can be detrimental. You could face fines, probation, imprisonment, and more, not to mention the hardships that can come from having a criminal record.
