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What Are the Penalties for Possession of a Controlled Substance in California?

Controlled substances are regulated by the government for a reason and if you are caught in possession of an illicit drug you could face a variety of repercussions. It is important that you are properly represented during any legal proceedings to ensure your rights are protected and you have the resources to fight your charges. To learn about the penalties associated with possession of a controlled substance and to obtain skilled representation, consult with a Tehama County drug crimes lawyer today.

What are Controlled Substances?

A controlled substance is any drug or chemical whose manufacturing, possession, or use is regulated by the government. These drugs are generally controlled due to their risk of abuse or addiction, making them dangerous for consumption if left unchecked. Everything about these substances is controlled from the way they are made to the way that they are stored, handled, distributed, and used.

There are five schedules of controlled substances, I-V. Schedule I drugs are the most dangerous or addictive and have no accepted medical use in the United States. The severity and risk of abuse decrease at each schedule. Examples of controlled substances include the following.

  • Schedule I: Heroin, LSD, ecstasy, and mescaline
  • Schedule II: Cocaine, methamphetamine, Dilaudid, oxycodone, and fentanyl
  • Schedule III: Ketamine, testosterone, anabolic steroids, and Tylenol with codeine
  • Schedule IV: Xanax, Valium, Ambien, and Tramadol
  • Schedule V: Lyrica, Robitussin AC, pregabalin, and ezogabine

It is important to note that while you can face legal repercussions for illegal possession of any street drug, it is also against the law to possess a prescription drug without a valid prescription or with a prescription that does not belong to you.

What Drug Crimes Can I Be Charged With?

Depending on the details of the situation you could face one of several drug possession charges including the following.

  • Simple possession: You were caught with the substance on your person like in your hand, pocket, or bag
  • Constructive possession: You had knowledge of the drug and the ability to exercise control over it, whether it was on your person or not
  • Joint possession: You and one or more other people had knowledge of the drug and the ability to exercise control over it

Additional charges can be included if you had the intention of selling or distributing the illicit substances.

What Are the Penalties for Possession of a Controlled Substance in CA?

Possession of a controlled substance can be charged as either a misdemeanor or felony in California depending on the details of the situation like the type of drug, the amount, where you had it, how it was obtained, your prior criminal history, etc.

As a misdemeanor, you could face up to 12 months in jail and be required to pay fines of up to $1,000. If your charges are bumped up to a felony, however, you can face up to 3 years in prison and hefty fines.

If you are facing drug possession charges, reach out to an experienced criminal defense lawyer for skilled representation and legal advice.