Possession of a Controlled Substance

Wais Azami defends against charges of possession of a controlled substance for personal use. We offer free consultation at Law Office of Wais Azami. Call today.

How Does the Police or District Attorney Prove Possession of a Controlled Substance?

• The accused unlawfully had a controlled substance, and…
• The accused knew the drug was there, and…
• The accused knew of the controlled substance’s character and nature, and…
• There was a usable amount, not mere traces.

What Is a Controlled Substance?

A controlled substance is a narcotic or any drug which needs a prescription and/or is defined under the United States Controlled Substances Act.

What Is a Controlled Substance for Personal Use?

It is usually defined as a small enough quantity or the amount which is for personal use rather than in bulk amount for sale or resale. Each substance has its measurement in what is deemed for “personal use.” Please call our office for more information at (714) 321-9999!

Health & Safety Code 11377(a) is the California statute that makes it illegal to possess any of many types of narcotics, including methamphetamine. In most situations, simple possession for personal use is charged as a misdemeanor punishable by a maximum sentence of one year in jail and a fine of up to $1000.00. Since 2014, the fine has been drastically reduced.

What Are the Defenses to the Charge of Hs 11350(a)?

• You did not possess the drug/controlled substance.
• You did not have control over the drug/controlled substance.
• You did not know about it being present or that it was a controlled substance.
• You had a valid prescription from a licensed medical professional for the controlled substance.
• Law enforcement did not properly handle the substance for evaluation.
• You had a valid prescription for the methamphetamines and possessed an amount consistent with the prescription’s purpose.
• The crystal meth belonged to someone else and not in your control.
• The officer found the meth by violating your search and seizure rights.

What are the penalties for possession of a controlled substance (HS 11350) in California?

Misdemeanor HS 11350(a)

• Up to one year in jail.
• $1,000 fine for the first offense or community service.
• $2,000 fine for second (or more) offense or community service.
  Immigration Consequences.

Felony HS 11350

• One year and four months, or two years or three years in prison.
• $1,000 fine for the first offense or community service.
• $2,000 fine for second (or more) offense or community service.
  Immigration Consequences.

Prop 36 Drug treatment-mandated felonies:

People found guilty of possession of certain drugs such as fentanyl, heroin, cocaine, or methamphetamine, and who have two or more past convictions for drug crimes, including possession, would face the choice of going into rehabilitation or prison. Those who finish treatment could have their charges dismissed upon successful completion. Those who do not successfully finish treatment could serve up to three years in state prison.

Warning requirements under Prop 36:

Similar to the warning given to those who get a DUI, this measure requires courts to warn people that they could be charged with murder if they sell or provide drugs that kill someone. The warning would be given to people convicted of selling or providing certain drugs such as fentanyl, heroin, cocaine, and methamphetamine.

Have You Been Accused of Being in Possession of a Controlled-Substance?

Call the Law Offices of Wais Azami at (714) 321-9999. Or schedule a *free consultation with our possession of controlled-substance lawyer in Orange County here. We will generate a defense plan which aims to get the charges dismissed, reduced, and/or the consequences mitigated.