Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
24/7 Help:
(855) 999-7755
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowPosted on
Under California Health and Safety Code 11350a HS, a prosecutor can charge you with possession of a controlled substance if you possess certain prescription drugs without a lawful prescription. A valid prescription, however, would be an effective defense to these charges.
Possession of a controlled substance is typically a misdemeanor offense punishable by up to one year in county jail. But depending on the facts of the case and your criminal record, you could get placed in a drug diversion program rather than face jail time.
Common prescription medications that lead to unlawful possession charges include:
Under California law, it is a drug crime if you possess a prescription drug without a valid prescription.
The pertinent statute on the matter is Health and Safety Code Section 11350a, which sets forth the crime of simple possession of a controlled substance.
According to this law, it is a crime if:
Note that a controlled substance is a drug or chemical that is regulated by the government under the United States Controlled Substances Act. Examples include such illegal drugs as:
For purposes of this offense, a controlled substance also includes prescription drugs.
You are exempt from an unlawful drug possession charge if you have a valid prescription for a drug.
The State of California says that you are not guilty of a prescription drug crime if you have a written prescription for a drug from a medical professional, like a:
Note that a prosecutor bears the burden of showing that a defendant did not have a proper prescription for a substance.3
The law typically says that you possess something if you have either:
“Actual possession” is when you hold a substance or have immediate access to it (as when a drug is in a bag that you are carrying).4
“Constructive possession” is when you do not have immediate access to a substance, but you have control of it or the right to control it. An example is when a drug is in your house or car.5
Note as well that two or more people can share either actual or constructive possession of certain drugs. This is known as “joint” possession.6
A “usable amount” under the law is an amount of the drug that is enough to be used by someone as a controlled substance.7
Useless traces (or debris) are not usable amounts of drugs. On the other hand, a usable amount does not have to be enough, in either amount or strength, to intoxicate the user.8
Outside of the possession of prescription drugs, a common prescription drug crime relates to prescription drug fraud, which can be committed by either patients or doctors.
Patients commit the offense by doctor shopping, or by obtaining or attempting to obtain a prescription for a controlled substance through either:
Doctors commit the offense when they write prescriptions for controlled substances that are not issued:
Yes. It is critical that you consult with a criminal defense lawyer if you are facing drug charges.
A lawyer can assist by:
Note that most defense attorneys and law firms provide free consultations. This means you can receive legal advice at no charge.
Further, your communications with a lawyer are protected by the attorney-client relationship. This protection means a lawyer cannot disclose your confidences without first getting your consent.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.