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Wrongful Possession Of A Controlled Substance In Santa Clara
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Multi-State
County:
Santa Clara
Control #:
US-000303
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A controlled substance is a regulated drug that has been placed on a schedule of controlled substances by the State of California. Some of these are always illegal, such as cocaine, heroin, or meth. Others are prescription drugs, such as painkillers like morphine and oxycodone.
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.
Cocaine. Heroin. Prescription painkillers (without a valid prescription) Opiates.
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.
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.
California Health and Safety Code § 11350(a) HS makes it a misdemeanor offense to be in the unlawful possession of a controlled substance, which includes both (a) street narcotics and (b) legal prescription drugs without a valid prescription. “possession for personal use.”
Both misdemeanor and felony drug offenses can be punishable by imprisonment for six months to 3 years or a fine of between $1,000 and $10,000. However, you can be able to avoid incarceration with the help of experienced Los Angeles drug crime lawyers.
Under the new law, courts are also obligated to warn people convicted of selling or providing certain drugs, such as fentanyl, that they could face murder charges for later distributing illegal drugs that kill someone.
Controlled substances are drugs that are strictly regulated by the law, and they include over-the-counter medications and illegal narcotics. California law is lenient for first-time offenders. You can avoid incarceration through a drug diversion program or probation for your first conviction.