The California Health and Safety Code prohibits possessing certain controlled substances without a valid prescription. Violators may be charged with Possession. Controlled substances (H&S Code §11054) covered under the law include narcotics and other illegal drugs such a cocaine, heroin and LSD. The law also applies to prescriptions drugs such as codeine or oxycodone. Marijuana and stimulants are covered under separate sections of law (H&S Code §11377).
What does the prosecutor have to prove?
1. Defendant exercised control over a controlled substance.
2. Defendant knew of its presence.
3. Defendant knew it was a controlled substance.
4. The substance was in a usable quantity sufficient to be used. [P v Williams (1971) 5 Cal.3d 211]
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]
With probation 0-364 days
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