Possession of controlled substances
What will happen to you if you are arrested for personal possession of cocaine or other controlled substances? Drug possession is one of the most common crimes in the U.S. Any possession of illegal drugs, such as marijuana, ecstasy, cocaine, or heroin, can lead to serious charges. If the court finds that you possessed more than would be used for one person, you may even be charged with possession with intent to distribute or sell. If you or a loved one has been charged with this crime, you should be well-versed in every aspect of your case and how you can defend yourself.
A person may be arrested for personal possession of cocaine or other controlled substances under Health and Safety Code 11350(a), which states: Except as otherwise provided in this section, any person who possesses (1) any is a controlled substance referred to in subsection (b) or (c), or paragraph (1) of subsection (f) of section 11054, referred to in paragraph (14), (15), or (20) of subsection (d) of section 11054, or referred to in subsection (b) or (c) of section 11055, or referred to in subsection (h) of section 11056, or (2) any controlled substance classified in schedule III, IV, or V that is a narcotic, unless under the written prescription of a physician, dentist, orthopedist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in the state prison.
Health and Safety Code 11350(a) is not a wobbler and can only be charged as a misdemeanor, which can result in 3 years in prison. Fortunately, if a person is charged with felony drug possession, most of the time that person will be eligible for a diversion program where their arrest and conviction can ultimately be dismissed as long as they meet the necessary requirements. A few different options for this person would be programs like (PC 1000), (Prop 36), or (Drug Court).
Remember that each case is handled differently and results may be greater than those listed based on the circumstances of individual cases. If you or someone you know has been arrested on charges under Health and Safety Code 11350(a), contact an experienced criminal defense attorney who is familiar with handling these types of crimes. Which lawyer you choose to represent you can completely change the outcome of your case. Please do not risk your future or your freedom by failing to retain strong legal counsel to fight for you.
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