Description

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]

Punishment

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

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
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