Defense Against California Drug

Possession Laws

The California legislature has created numerous drug offense laws that police enforce and prosecutors use to charge people. California drug possession laws are found in the California Health and Safety Code. They include:

11350. Possession of a Controlled Substance

The term “controlled substance” includes both street drugs and illegal possession of prescription drugs, such as codeine. Marijuana and other drug possession charges are usually brought under 11350, which can be filed as either a misdemeanor or a felony.

If you have been charged under 11350, the evidence against you and how that evidence was obtained will be crucial to defending your case. How much was in your possession? Was it really yours? Was the evidence obtained legally or were your constitutional rights violated by the police with an unlawful search or seizure?

11377. Unauthorized Possession; Punishment

A wide variety of drugs such as methamphetamine, cocaine, heroin and ecstasy, and prescription drugs, are singled out under section 11377. Possession of these drugs can be charged as either a misdemeanor or a felony.

11550. Unlawful acts; penalties; rehabilitation programs; possession of firearms; diversion

The criminal charge of being “under the influence” falls under this section of the drug possession laws. This particular statute has been attacked for being vague and unconstitutional. In an effort to defend against 11550, we may seek to exclude evidence to avoid conviction or to achieve a decreased charge.

11352. Transportation, sale, giving away, etc., of designated controlled substances; punishment

The State of California will always try to charge you with the most serious offense possible. 11352 tacks transportation and sale onto possession charges. Evidence that may be used against you to charge you with sales could include text messages or emails you sent regarding drugs.

Free Initial Consultation

Regardless of the charge, you want a drug crimes defense attorney who knows how to minimize the charges and reduce the potential penalties. For a free initial consultation, contact me at the Los Angeles Law Office of Marc A. Legget. Call 310-553-2900 or toll-free 866-274-0755.