What is a Controlled Substance?

A controlled substance is a drug or chemical whose manufacture, possession and use are regulated by the government under the “Controlled Substances Act.”

Some examples of controlled substances are:

  • Opiates and opiate derivatives
  • Cocaine
  • Heroin
  • Peyote
  • GHB
  • Other hallucinogens

Furthermore, California law (HSC 11375) also prohibits possession of certain prescribed drugs without a valid prescription such as Codeine and Vicodin.

Types of Possession:

  • Actual Possession – Actual possession means you have direct and immediate physical control over it (i.e. in your hands or pocket). Even if the drugs were not on your person when the cops searched you but it was obvious they were on you immediately beforehand, you may still be charged.
  • Constructive Possession – It means the drugs were found not on you, but in a location over which you exercised control (i.e. your dresser drawer). However, access to the controlled substance or proximity to the controlled substance is not alone sufficient to charge you.
  • Joint Possession – Where you and at least one other person share actual or constructive possession.

Defenses

These are a few of the defenses an experienced Criminal Defense Attorney can assist you with if you are charged with possession of a controlled substance:

  • Valid Prescription
  • You did not “possess” the controlled substance
  • Lack of Knowledge
  • Illegal Search and Seizure

Free Consultation

To speak with a Woodland Hills Criminal Attorney for a FREE consultation contact our office at 818-334-5711.

Possession of a Controlled Substance Articles