Jury Instruction - Controlled Substances - Possession With Intent To Distribute
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FAQ
Possessing other Schedule I or II narcotics is also considered a Class 1 Felony. Depending on the amount of the controlled substance found to be in your possession, you could face anywhere between a minimum sentence of 4 years and up to 50 years in prison. Fines range anywhere from $25,000 and up to $200,000.
According to HS 11350(a), possession of a controlled substance is a misdemeanor in California punishable by up to 364 days in county jail.However, depending on the facts of your case, you could be charged with a felony under HS 11350(a), punishable by 16 months, two or three years in state prison.
Under this element, the government must prove what the person possessing the drugs was planning to do with them. Typically, the intent to distribute, or sell, the controlled substance is assumed when the accused is holding an amount too large to be for only personal use.
Many drug possession convictions result in fines. These can range from very minor fines of $100 or less to significant fines of $100,000 or more. Incarceration. Jail or prison time is also possible when a person is convicted of possession of a controlled substance.
Circumstantial evidence of intent to sell narcotics or other drugs may include having a quantity of the drug greater than would be reasonable if the drug was for personal use, having possession of paraphernalia used for packaging or distributing drugs such as scales to weigh drugs, possession of large amounts of cash,
Possessing illegal drugs in California may be charged as a misdemeanor or as a felony, which is a more serious charge with greater consequences.
An intention to supply may be proved by direct evidence in the form of admissions or witness testimony, for example, surveillance evidence. Another method of proving an intention to supply is by inference.
A controlled substance is a regulated drug that has been placed on a schedule of controlled substances by the State of California. Some of these are always illegal, such as cocaine, heroin, or meth. Others are prescription drugs, such as painkillers like morphine and oxycodone.
You unlawfully possessed a controlled substance, You knew of its presence, You knew of its designation as a controlled substance, The drug is listed as a controlled substance in the Health and Safety Code, and.