Illegal Possession of a Controlled Substance in California

Sec 11350 of the California Penal Code’s Health and Safety Code prohibits the possession of controlled substances without a valid prescription. These controlled substances are identified in the United States Controlled Substances Act and are essentially drugs and/or chemicals whose use, manufacture and possession are governed by the State.

The United States Controlled Substances Act defines controlled substances as follows:

  • Opiates and opiate derivatives;
  • Cocaine and cocaine bases and derivatives;
  • Heroin and heroin bases and derivatives;
  • Peyote and its derivatives;
  • GHB or Gamma Hydroxybutric Acid;
  • Other substances whose components provide a hallucinogenic effect.

There are also other prescribed drugs whose possession is considered as illegal without a valid prescription. These drugs are codeine and hydrocodone.

Possession of a controlled substance is considered as a felony offense. Thus the applicable penalties for its violation are imprisonment of up to a year and a half in county prison facility for each count of possession. Also included is formal probation. If the drug or controlled substance though is either GHB or any other kind of depressant, the crime can be charged as a misdemeanor offense.

The crime of illegal possession of a controlled substance is a serious offense in California. Should you be or know anyone undergoing this process, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.