California Controlled Substances Act & Law Enforcement in Possession

The California Uniform Controlled Substances Act is the group of laws that define, regulate and categorize controlled substances and drug offenses based on the Federal Controlled Substances Act. Violations of these laws are either a misdemeanor or a felony and can result in probation to time in prison.

Defined

Found under the 11000 series of California Health and Safety Codes, the Controlled Substances Act is the series of laws, known as codes, containing drug offenses and their potential consequences. The codes categorize drugs into five categories (known as schedules), regulate how drugs are to be prescribed and outline the different offenses you can be charged with if found under the influence, transferring or illegally possessing a variety of drugs.

Possession

If you find yourself charged with a possession violation, a lawyer can help explain the different codes and consequences. Possession of a controlled substance can be either a misdemeanor or a felony. Under California's Penal Code 1000, a program intended to rehabilitate and divert drug offenders, some possession charges can receive probation without jail time.

Enforcement

The enforcement of the laws that make up the California Controlled Substances Act varies by case because of the variety of offense codes from which police officers have to choose when making an arrest. The officer picks the violation(s) he believes will be easiest to prove in court. If the case does go to trial, the laws define a minimum and maximum sentence, giving the judge some discrepancy in deciding the punishment of a guilty verdict.

References

• LexisNexis: Drug Crimes
• Conflict Law: Possession of Controlled Substance Charges in Southern California
• California Codes: Health & Safety Code Section 11350-11356.5

Resources

• Find California Code: California Law