Description

A person who possesses any controlled substance which is classified in Schedule III, IV or V and which is not a narcotic drug may be charged with Methamphetamine (Possession).

What does the prosecutor have to prove?

1. Defendant exercised control over a controlled substance;
2. Defendant knew of its presence;
3. Defendant knew its nature as a controlled substance;
4. The substance was in a usable quantity sufficient to be used; [People v Williams (1971) 5 Cal.3d 211, 215]
5. Defendant has one or more prior convictions for an offense specified under PC 667(e)(2)(C)(iv); OR
5. Defendant has one or more prior convictions requiring registration pursuant to PC 290(c). [Cal Crim No. 2304]

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?Yes
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?Yes
Am I eligible for Prop. 36 drug diversion if convicted?Yes
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?No
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?Yes
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No