Aiding and Abetting Unlawful Use of Controlled Substance | H&S Code § 11365

Description

California law states that it is unlawful to visit or to be in any room or place where any controlled substances are being unlawfully smoked or used with knowledge that such activity is occurring. Violators may be charged with Aiding and Abetting Unlawful Use of Controlled Substance. The statute shall apply only where the defendant aids, assists, or abets the perpetration of the unlawful smoking or use of a controlled substance.

What does the prosecutor have to prove?

1. Defendant knowingly, willfully and intentionally was in a place where a controlled substance was being smoked or used.
2. Defendant knew that such activity was occurring.
3. Defendant aided, or abetted the perpetration of the unlawful smoking or use of a controlled substance. [Cal Crim No. 2401]

Punishment

Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	Yes
Do I have to register as a sex offender if convicted?	Yes
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?	Yes
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?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	Yes
Is this charge considered a “controlled substance violation” for immigration purposes?	Yes
Is this charge considered a “domestic violence” for immigration purposes?	Yes
Is this charge considered a “firearm conviction” for immigration purposes?	Yes