Controlled Substances Offenses — Possession Defined is a type of criminal offense in which a person is accused of having illegally obtained and/or possessing a controlled substance such as a drug, prescription medication, or other illegal substance. Possession of a controlled substance is often a felony offense and can result in significant fines and/or prison time depending on the severity of the offense. There are three types of Controlled Substances Offenses — Possession Defined: Simple Possession, Possession with Intent to Distribute, and Constructive Possession. Simple Possession is the least serious form of Controlled Substances Offenses — Possession Defined and involves the possession of a controlled substance without any intent to distribute. Possession with Intent to Distribute is more serious and involves the possession of a controlled substance with the intent to sell or distribute the substance to another person. Constructive Possession is the most serious form of Controlled Substances Offenses — Possession Defined and involves the possession of a controlled substance in a place of business, such as a home or vehicle, with the knowledge that the substance is present.
Controlled Substances Offenses - Possession Defined
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FAQ
Controlled substances are drugs or chemicals that have the potential to be addictive or habit-forming. The United States Drug Enforcement Agency (DEA) divides controlled substances into 5 categories called Schedules based upon substances' potential for abuse and addictiveness and its' usefulness in medicine.
This means that prosecutors must prove that you committed some sort of unlawful act (actus reus) while also having a ?guilty? state of mind (mens rea). For example, for someone to be convicted of murder, prosecutors must prove that the defendant killed someone with malice aforethought (a.k.a., the intent to kill).
Drug possession is the crime of willfully possessing illegal substances, such as marijuana, cocaine, methamphetamine, or heroin. Drug possession accounts for over 80 percent of all drug-related arrests in the United States, ing to the Department of Justice.
(1) You illegally possessed a controlled substance; (2) You knew about the presence of the drug; (3) You knew of the illegal nature of the drug; (4) There was enough of the drug such that it could be used.
Elements of Possession in California 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.
What is possession of a controlled substance? California Health and Safety Code 11350(a) HS makes it illegal to possess a controlled substance without a valid prescription. Under the United States Controlled Substances Act, a controlled substance can constitute both illegal and legal prescription drugs.
Elements of Possession in California 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. There was a usable amount of the controlled substance.
In general, every crime involves three elements: first, the act or conduct (actus reus); second, the individual's mental state at the time of the act (mens rea); and third, the causation between the act and the effect (typically either proximate causation or but-for causation).