Possession Of A Controlled Substance – California Health and Safety Code Section 11350
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1. Definition and Criminal Elements
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Because the state of California recognizes that drug use and addiction can have devastating impacts on California families and communities, the legislature has criminalized the sale, use and possession of a number of illicit drugs. Often times, convictions for the possession of illicit drugs are sought under California Health and Safety Code Section 11350 for possession of an illegal substance. The possession of even a very small amount of some drugs can result in a felony conviction under this statute.
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To obtain a conviction for the possession of a controlled substance under this section, each of the following elements must be proved by the prosecutor:
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a) unlawful possession, actual or constructive, of a controlled substance;
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b) knowledge of the controlled substance’s presence;
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c) knowledge of the character and nature of the substance as a controlled substance; and
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d) possession of a usable amount of the controlled substance, which under the statute, is enough to be used by an individual as a controlled substance and is more than debris or trace amounts.
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Some of the drugs considered controlled substances under the statute include: heroin, cocaine, opiates, LSD, peyote, hallucinogens, prescription painkillers not obtained through a valid prescription.
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2. Related Offenses
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Possession of a controlled substance is an offense that is closely related or similar to the following offenses:
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California Health and Safety Code Section 11157 – Possession of marijuana possession
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California Health and Safety Code Section 11550 – under the influence of a controlled substance
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California Health and Safety Code Sections 11377 through 11379 – Possession, sales and transportation of controlled substances of Methamphetamines
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California Health and Safety Code Section 11351 – Possession of a Controlled Substance for Sale
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California Health and Safety Code Section 11352 – Sales and Transportation of Controlled Substances
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3. Examples
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Example A: The defendant went to a restaurant to meet a friend, and the friend provided him a small amount of heroin sealed inside a small envelope. The defendant did not wish to have the heroin but was afraid of upsetting his friend, so he put the envelope in his pocket and forgot about it. Later that evening, when the defendant was driving him, the local police stopped the defendant for suspicion of operating his vehicle under the influence of alcohol. The defendant was searched incident to his arrest and the police discovered the heroin in his pocket. The defendant may be convicted of possession of a controlled substance under these circumstances.
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Example B: The defendant hosted a social event at his home. After the dinner, he found something the appeared to be a smal\n\n
