What Is “Possession” of a Controlled Substance Under CA Law?
California has strict laws regarding controlled substances, and being charged with possession can lead to serious consequences. However, many people are unaware of what the law considers “possession” or how to defend against such charges.
Here’s what you need to know about California’s possession laws so you can stay informed, as well as what to do if you’re facing drug charges.
What Are Controlled Substances in California?
Controlled substances include drugs or chemicals that are regulated by the government due to their potential for abuse and harm. These substances are categorized into schedules under California law, based on factors like medical use and potential for addiction. Common examples include illegal drugs like cocaine and methamphetamine, prescription medications like oxycodone, and certain hallucinogens.
Types of Possession Under California Law
Possession can take different forms under California law, and knowing the distinction is crucial.
- Actual Possession: This occurs when the substance is found directly on the individual, such as in their pocket or bag.
- Constructive Possession: This refers to situations where someone has control or access to the substance, even if it’s not physically on them. For instance, drugs stored in a car or home may constitute constructive possession if the individual is aware of them and can control their use.
- Joint Possession: This occurs when two or more individuals share control or ownership of a controlled substance. Multiple people can be charged if they have knowledge of the substance and the ability to control it. For example, if drugs are found in a car or a shared residence, all parties aware of the drugs and capable of accessing them could face joint possession charges.
Distinction Between Possession and Other Drug Offenses
It’s important to understand how possession differs from other drug-related crimes. Possession refers to holding a substance for personal use, while possession with intent to sell involves evidence of distribution, like packaging materials or large quantities.
Drug trafficking is a more severe offense, involving the transportation or distribution of controlled substances. These distinctions affect both the charges and the potential penalties.
What Are the Legal Elements of Possession?
To convict someone of possession, prosecutors must prove two key elements:
- Knowledge: The accused must have known that the substance was present and that it was a controlled substance.
- Control: The individual must have had control over the drug, or the intent to control it. Simply being near a controlled substance is not enough unless these elements are met.
Penalties for Possession of a Controlled Substance
The penalties for possession of a controlled substance in California depend on the specifics of the case, including the type and quantity of the substance and the individual’s prior criminal history. For smaller amounts intended for personal use, possession is typically charged as a misdemeanor. This can result in penalties such as fines, probation, mandatory drug treatment programs, or short jail sentences.
However, possession of larger quantities, or repeat offenses, may escalate the charge to a felony, which carries significantly harsher consequences, including extended prison time and higher fines.
Judges also consider aggravating factors, such as evidence of intent to sell, which can lead to even more severe penalties. The type of substance involved also plays a critical role, as certain drugs like methamphetamine or cocaine often result in stricter sentencing compared to others.
Defenses Against Possession Charges
There are several defenses available to fight possession charges:
Lack of Knowledge
One common defense is the lack of knowledge. To convict someone of possession, prosecutors must prove that the accused knew the substance was present and that it was a controlled substance. If the individual was unaware of the drugs or believed they were something else entirely, this lack of knowledge can be a strong defense.
Illegal Search and Seizure
Another defense involves illegal search and seizure. The Fourth Amendment protects individuals from unlawful searches by law enforcement. If the drugs were discovered during a search that violated constitutional rights—such as entering a home without a warrant or searching a vehicle without probable cause—any evidence obtained may be deemed inadmissible in court. This can lead to a reduction in charges or even a dismissal of the case.
Ownership Disputes
Disputing ownership is another effective strategy, particularly in cases involving shared spaces or vehicles. For instance, if drugs are found in a car with multiple occupants or in a home shared by roommates, the defense can argue that the substances belonged to someone else. This creates reasonable doubt about whether the accused had control or intent to control the drugs.
Why to Seek Legal Help for Possession Charges
If you are charged with possession of a controlled substance, consulting an experienced criminal defense attorney is crucial. A skilled lawyer can evaluate the evidence, identify weaknesses in the prosecution’s case, and potentially negotiate reduced charges or a case dismissal. With the stakes so high, having the right legal representation can make all the difference in the outcome of your case.
Charged with Drug Possession in California? Call Morris Law Today
While the law around drug possession in California may seem complex, there are valid defenses that can challenge the evidence and reduce or dismiss the charges.
If you or a loved one has been charged with possession of a controlled substance, don’t navigate the legal system alone. Contact an experienced California criminal defense attorney at Morris Law today to protect your rights and build a strong defense.
Call 510-225-9955 or contact us for a free consultation.