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MisdemeanorCalifornia · Health & Safety Code § 11350

Possession of Controlled Substance

Having certain illegal drugs (like cocaine or heroin) for yourself.

Less serious. Up to 1 year in county jail.

What the prosecutor must prove

They must prove every one of these. If one is missing, you should not be found guilty.

  1. 1You had the drug or control over it.
  2. 2You knew it was there.
  3. 3You knew it was a drug.
  4. 4It was a usable amount.

Possible punishment

Up to 1 year jail. Drug diversion may be available.

Good to know: Prop 47 made most cases a misdemeanor.