Drug Possesion In California under Health & Safety Code 11350 is crime. This presentation discusses the legal defenses, penalties, and eligibilites if accused or convicted of possessing an illegal narcotic substance. http://www.lacriminaldefensepartners.com/drug-crimes/drug-possession/ List of Controlled substances includes the following: Opiates and Opium Derivative: Codeine Methylbromide, Desomorphine,Heroin, Methyldihydromorphine,Morphine methylbromide, Myrophine, Nicocodeine, Oxycodone, Hydrocodone (Vicodin), Dihydrocodeine, Methadone, Psilocybin (mushrooms), et al Hallucinogenic Substances: Dimethoxy-Amphetamine, Marijuana, Mescaline, Peyote,Psilocybin, Gamma hydroxybutyric acid, Cocaine, Cocaine base, Fenethylline, Ethylamphetamine, et al. Stimulants: Amphetamine, Methamphetamine, Dimethylamphetamine, Benzphetamine, Methylenedioxymethamphetamine (MDMA, ecstasy, “molly”), et al. Depressants: In any compound or mixture, including: Amobarbital, Phenylcyclohexyl Piperidine PCP, Pphenylcyclohexyl Morpholine (PCM), Piperidinocyclohexane Carbonitrile (PCC), Lysergic acid, et al., Steroids: In any compound or mixture, including: Androisoxazole, Dihydromesterone, Nandrolone, Testosterone, Chorionic Gonadotropin, Ketamine.

1. What is Drug Possession
in California?

2. Drug Possession is
charged under Health
& Safety Code
section 11350

3. How do you violate
Health & Safety Code
section 11350?

4. Possess an unprescribed narcotic drug
OR controlled substance.

5. POSSESSION IS REQUIRED
to violate this law

6. 2 kinds of possession:
Active Possession Constructive Possession
Having the
substance at the
present moment or
in hand
Having control over the
substance (which is storing the
substance somewhere else
other than on hand, but still
having control over it)

7. Under this law, it is illegal
to possess certain drugs

8. What drugs are illegal?
1. Controlled Substances
For Example:
• Ectasy (MDMA, etc.)
• Cocaine
• PCP
• Marijuana
• Heroin
• and hundreds more…
2. Unprescribed narcotic drugs
For Example:
• Vicodin
• Codeine
• Testosterone
• HGC
• Morphine
• and hundreds more…

9. What drugs are legal?
• A narcotic drug or controlled substance as a result
of a written prescription of a physician, dentist,
podiatrist, or veterinarian licensed to practice in
this state.

10. How Does the
Prosecutor Prove this
Charge?

11. The prosecutor must prove you guilty of:
1. You [unlawfully] possessed a controlled substance;

12. The prosecutor must prove you guilty of:
1. You [unlawfully] possessed a controlled substance;
2. You knew of its presence;

13. The prosecutor must prove you guilty of:
1. You [unlawfully] possessed a controlled substance;
2. You knew of its presence;
3. You knew of the substance's nature or character as a controlled substance;

14. The prosecutor must prove you guilty of:
1. You [unlawfully] possessed a controlled substance;
2. You knew of its presence;
3. You knew of the substance's nature or character as a controlled substance;
4. The controlled substance was cocaine (for example);

15. The prosecutor must prove you guilty of:
1. You [unlawfully] possessed a controlled substance;
2. You knew of its presence;
3. You knew of the substance's nature or character as a controlled substance;
4. The controlled substance was cocaine (for example);
AND
5. The controlled substance was in a usable amount.

16. What is “possession”?
IS Possession IS NOT Possession
• 2 or more people may possess
item at the same time.
• You do not have to actually hold
or touch something to possess
it.
• IS NOT simply agreeing to buy a
drug (that will not, alone, mean
you have control over item)
• NOT having any right to control
item, either personally or through
another person

17. What is “knowledge”?
IS Knowledge IS NOT Knowledge
• The prosecutor DOES need
• The prosecutor does NOT
need to prove that the
defendant KNEW WHICH
specific controlled substance
you possessed
to prove that you were aware
of the substance’s presence
AND that it was a controlled
substance

18. What is a “usable amount”?
IS A USABLE AMOUNT
• A quantity that is
enough to be used by
someone as a controlled
substance
IS NOT USABLE AMOUNT
• Useless traces (or debris)
ARE NOT usable amounts.
NOTE: A usable amount DOES NOT have to be enough, in either amount or strength, to affect the user.

19. What if you are
found guilty under
Health & Safety Code
section 11350?

20. Penalties
• Felony Conviction

21. What is a felony
conviction?

22. Consequences of a “felony”
• Weight & Stigma of being
deemed a “felon” under the law
• Lose right to possess firearm,
• Lose right to vote,
• Lose right to sit on a jury,
• Lose right to hold public office,
• Must provide law enforcement
with a DNA sample,
• Possible employment
consequences,
• Possible immigration
consequences, as a drug abuser, if
you are a noncitizen.

23. Penalties
• Felony Conviction
• 16 months-3 years in prison

24. Penalties
• Felony Conviction
• 16 months-3 years in prison
• 3-5 years formal probation

25. What is probation?

26. Formal Probation
• Suspension of your prison sentence
• Imposition of strict supervision by a Probation Officer, who
provides a Probation Report to the court
• Requires that you obey all laws
• Requires that you comply with the terms and conditions of
your probation, as designated by the court

27. Penalties
• Felony Conviction
• 16 months-3 years in prison
• 3-5 years formal probation
• Up to $10,000 in fines and fees

28. Penalties
• Felony Conviction
• 16 months-3 years in prison
• 3-5 years formal probation
• Up to $10,000 in fines and fees
• AND additional terms and conditions depending on your circumstances…

29. Eligibility
• IS eligible for an Deferred Entry of Judgment
sentence,
• IS NOT a “strikeable” offense,
• DOES require registration as a drug
offender,
• IS eligible for Proposition 36 diversion
sentence.

30. What is a
“Proposition 36”
diversion sentence?

31. Proposition 36 states:
When a defendant is convicted of a “nonviolent drug
possession offense,” under Prop. 36, the court must:
• Suspend the imposition of the sentence,
• Grant probation, and
• Require the defendant to participate in and
complete a court-approved drug treatment program
as a condition of probation.

32. Are there any defenses to this
charge?

33. Defenses
Based on your circumstances, the right attorney can provide applicable legal
defenses to your case. For example:
• Entrapment by law
enforcement officials

34. Defenses
Based on your circumstances, the right attorney can provide applicable legal
defenses to your case. For example:
• ENTRAPMENT by law
enforcement officials

35. Defenses
Based on your circumstances, the right attorney can provide applicable legal
defenses to your case. For example:
• Entrapment by law
enforcement officials
• The controlled substance was
PRESCRIBED by a doctor

36. Defenses
Based on your circumstances, the right attorney can provide applicable legal
defenses to your case. For example:
• ENTRAPMENT by law
enforcement officials
• The controlled substance was
PRESCRIBED by a doctor
• You did not KNOW that the
item was a controlled
substance

37. Defenses
Based on your circumstances, the right attorney can provide applicable legal
defenses to your case. For example:
• Entrapment by law
enforcement officials
• The controlled substance was
PRESCRIBED by a doctor
• You did not KNOW that the
item was a controlled
substance
• You did not POSSESS the
controlled substance

38. Defenses
Based on your circumstances, the right attorney can provide applicable legal
defenses to your case. For example:
• ENTRAPMENT by law
enforcement officials
• The controlled substance was
PRESCRIBED by a doctor
• You did not KNOW that the
item was a controlled
substance
• You did not POSSESS the
controlled substance
• There is a lack of sufficient
evidence to find you guilty under
this charge

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