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4 Details About Controlled Substance Possession
Facing drug possession charges is difficult, stressful, and hard on any individual. However, it’s nowhere near the end of the world, especially if you secure the services of a reputable drug possession lawyer from San Diego who has years of experience handling cases similar to yours. Before you do reach out to an attorney, it’s important to also perform your own research on what drug possession is and what consequences it can ental.
What does possession of a controlled substance refer to?
Generally, possession of a drug or a controlled substance means that an individual has in their possession or on their person a narcotic that’s illegal in the eyes of the law in the state of California and that said individual doesn’t have a prescription for.
The California statute that prohibits possession of illegal substances in the absence of a valid prescription is Health and Safety Code 11350 HS. Some of the most common controlled substances found in possession are:
- Peyote
- LSD
- Heroin
- Cocaine
- Xanas
- Valium
- Ketamine
- Oxycodone
- Hydrocodone
- Codeine
Proving possession
To prove possession of a controlled substance, the prosecution has to provide evidence for the five main aspects of drug possession:
- The proof of actual possession of the substance
- The absence of substance prescription
- The presence of knowledge on the possession of the substance
- The knowledge of the nature of the substance
- The presence of a usable amount of the substance
What are important details about drug possession?
Knowing what drug possession is and what it entails is only the first step in acquiring the necessary basic information on this offense. It’s also important to learn more about the four main aspects of possession and why they’re important:
Possession
To prove possession of a controlled substance, it’s important to show that the individual had control over said substance. Possession can be both personal, as well as through an intermediary. An individual doesn’t have to physically touch something or hide to possess it. Also, it’s important to note that two or more individuals can possess a controlled substance at the same time.
Knowledge
To prove guilt under HS 11350, it’s important to prove that the accused individual had the knowledge of the presence of a controlled substance and the knowledge that the substance in question is illegal in the state of California.
It’s important to note that the defendant doesn’t have to show knowledge on the exact type of substance, only that it’s illegal.
Usable amount
This describes the minimum amount of a controlled substance that an individual can use. Useless debris and traces of a substance don’t constitute possession. However, it’s important to note that usable amount doesn’t have to refer to the amount of substance necessary to cause intoxication.
Controlled substance analog
Finally, it’s also illegal to have possession of an analog of a certain controlled substance without prescription. An analog is a substance that has a similar chemical composition to the illegal substance and that can cause a similar effect on a person’s central nervous system.
Which drug possession lawyer in San Diego can help me if I’m charged?
When faced with drug possession charges, or any other charges related to drug offenses, it’s essential to gain as much information as possible as soon as possible. After understanding the basic details of possession, explore what different types of drug possession charges exist and how to prepare your defense strategy for drug possession. Also, understand what the possible penalties for your alleged offense are.
However, before all that make sure to secure the best possible team ready to defend you in the court of law. Monder Criminal Lawyer Group consists of the most experienced, qualified, and knowledgeable drug possession attorneys in San Diego. They know the ins and outs of drug law and will prepare the best possible defense strategy for the unique circumstances of your case. We’re here to prove your innocence, so schedule a free consultation today!
