Controlled substance abuse is much more common than lawmakers would like to believe. While laws continue to be put in place to punish those addicted to hard drugs, little has been done to help rehabilitate drug addicts rather than incarcerate them. Possession of a controlled substance is a felony offense. A conviction can affect your future employment opportunities, housing opportunities, and even your relationships. A person’s criminal record is more available now than ever before, making it that much more important to avoid a conviction.
At MacGregor & Collins, LLP, our drug crime attorneys provide free legal case evaluations for anyone facing charges pertaining to controlled substances. Call (888) 250-2865 or fill out our contact form to obtain your free evaluation with no obligation to retain our services.
Health and Safety Code 11350 Defined
The United States Controlled Substances Act, as the name suggests, regulates controlled substances. When someone is caught with specific substances without a prescription, they can be charged in violation of HS code 11350. Some illustrations include possession of heroin, cocaine, peyote and others.
In order to prosecute for California Health and Safety Code 11350, the state has the burden to prove you were guilty of either:
- The defendant had the ability to use or control the illegal substance
- The defendant was aware that the drug was in their possession
- The defendant knew that it was in fact an illegal drug
- The defendant had sufficient amounts of the substance for it to be abused
California’s drug possession laws describe three types of possessions that fall under this category. These include:
- Actual Possession – which usually means finding the drugs on the defendant themselves
- Constructive Possession – whereby the defendant stored the controlled substance in another location other than on-hand
- Joint Possession – owning the drugs with someone else
Penalties for HS 11350 Violations
Many of those who are found with drugs are charged with violating HS 11364 as well, possession of drug paraphernalia. Possession of a controlled substance is a felony, and those found guilty can face:
- Up to I Year in Jail, probation, or
- 16 Months – 2-3 Years in the California State Prison
If you are facing Possession of a Controlled Substance charges for California HS Code Section 11350, our Orange County criminal attorneys can help you. We will utilize every resource we have available to ensure your freedom and obtain a favorable case outcome. Call us today at (888) 250-2865.