Possession of a firearm while in possession of a controlled substance california 1 HS, possession of a controlled substance while armed with a loaded, operable firearm is a felony offense. 1 The t: PC California Gun Law Cheat Sheet Prepared by the Santa Clara County District Attorney's Office OFFENSE COMMONLY USED In California, possession of a controlled substance, such as illegal drugs like heroin or cocaine or prescription drugs not obtained with a proper prescription, is against the law. , and Drugs and drug addiction have caused significant destruction to families and communities. This is a serious Jaquezs Tyree Berry of Vallejo, age 43, was arrested for Possession Controlled Substance For Sale Transport/Sell Narcotic Controlled Substance in Sonoma County, California on November Keijona Michael Jackson of Fairfield, age 50, was arrested for Revocation Of Probation Possession of hard drugs with prior in Solano County, California on November 21, 2025 by When a substance is defined as controlled, it means it is a chemical or drug whose production, the federal government controls the use and A controlled substance is any drug whose manufacture or possession is regulated under the Controlled Substances Act. 1. 1 California Health and Safety Code 11370. Possessing a controlled substance while armed with a loaded, operable firearm is a felony resulting in imprisonment. 1 HS makes it a crime have possession of a controlled substance while at the same time being armed with an operable firearm. However, since it is punishable by prison time, it carries a The DEA classifies Xanax (Alprazolam) as a Schedule IV controlled substance. 151 prohibits using a firearm while under the influence of alcohol or controlled substances to the extent that The state has a list of firearms classified as assault weapons, updated periodically to include new models and technologies. 257 – Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance; This man could be charged with possessing a controlled substance and a loaded firearm in violation of California Health & Safety Code Section 11370. Justia - California Criminal Jury Instructions (CALCRIM) (2025) 2303. Probation may Under California Health and Safety Code Section 11350, possession of a controlled substance is typically charged as a misdemeanor, which can result in penalties such as probation, a fine, or Under California Health and Safety Code § 11370. This Possession Possession of controlled substances in California can result in varying degrees of penalties, largely dependent on the type and amount Charged with Drug Possession in California? Call Morris Law Today While the law around drug possession in California may seem complex, there are valid defenses that can challenge the One of the charges alleged that Carnes was an “unlawful user” of a controlled substance—marijuana—and was therefore prohibited from owning or even possessing a An “addict in possession of a firearm” refers to an individual who is unlawfully in possession of a firearm and has been determined to be addicted to a controlled substance. Facing a charge under HS Code §11350 in California? Learn about possession of a controlled substance, defenses, penalties, and how the William C Adkins of Selma, age 40, was arrested for Possess A Firearm And Controlled Substances Possess A Controlled Substance For Sale Possession Controlled Substance For If you were in possession of an operable firearm, you could be charged with possession of a controlled substance while armed under California Health and Safety Code 11370. Those convicted of illegal possession of In California, transporting a controlled substance is knowingly moving a usable amount for eventual sale. 1 HS Charged With Drug Possession While Armed in Possessing Controlled Substance While Armed in California Elements of the Crime Possession of a Controlled Substance. Learn your rights and how a lawyer can help you fight the case. Possession of Controlled Substance While Armed With Firearm (Health & If someone is found in possession of Adderall without a prescription alongside a firearm, they might be at risk of facing multiple charges. FAQ 12: Does the type of substance involved in the possession charge affect my gun rights? H3: Substance Type and Firearm Restrictions While a ‘simple CODE SECTION Narcotics: HS 11550(e) HS 11370. Possessing drugs like heroin or cocaine in California usually leads to HSC 11351 - Possession of a Controlled Substance For Sale HSC 11351 is California's law against possession of a controlled substance to sell it. The law also recognizes constructive possession, which applies when a firearm is Under California law, any use of marijuana triggers a prohibition on firearm ownership and/or possession, despite California state allowing its In California, drug possession refers to having an illegal controlled substance in your possession for personal use. Under California law, the felony crime of possession of a controlled substance while armed provides severe punishment for defendants found Justia - California Criminal Jury Instructions (CALCRIM) (2025) 2303. It is also illegal to possess prescription drugs like oxycodone, hydrocodone, codeine, and morphine without a legitimate Possession of Methamphetamine While Armed – HS 11370. The government only If you have been charged with a crime involving transportation of firearms in California, possession of a stolen firearm, possession of a controlled substance while armed, or any other A misdemeanor drug charge typically involves the possession of a small quantity of a controlled substance for personal use, minor distribution, or CA POSSESSION OF A CONTROLLED SUBSTANCE California Health and Safety Code 11350 Possessing controlled substances without a Commonly known as “simple possession,” this offense is generally prosecuted as a misdemeanor but can carry serious legal consequences. FAQ 6: What if I am taking prescription The Veasley court then considered whether § 922 (g) (3) is consistent with the historical tradition of firearm regulation by examining the historical California takes drug-related offenses seriously, but not all charges are treated the same. A defendant who is charged with possession of a Pursuant to Health and Safety. But what happens when someone uses, or is in possession, of a firearm while also in possession of a controlled substance. The primary components are that the defendant knowingly possessed a controlled substance and, at the same time, knowingly possessed a firearm. California authorities have noticed these effects, thus enacting rules to curb the sale, Criteria for Possession While Intoxicated in Florida Florida Statutes Section 790. 1 HS makes it a crime Table of Contents Being charged with possession of a controlled substance in California is a serious matter with potential consequences that can Under California's under the influence of a controlled substance law, Health and Safety Code 11550, it's a misdemeanor drug crime offense to willfully Drug Possession Possession of controlled substances is illegal in California, with penalties varying based on the type and amount of drug, as well as In this example, the man is charged with possession of a controlled substance while armed under California Health & Safety Code Section 11370. The state's approach to drug-related crimes reflects a balance between strict law Learn about California Health Safety Code 11350 Possession of a Controlled Substance, defenses, penalties, and legal rights. Possession of a Controlled Substance While Armed – Health and Safety Code 11370. California crimes involving Have you been accused of being a felon in possession of a firearm in Los Angeles County? The Second Amendment of the United States Understanding California’s drug possession laws and the potential consequences of drug charges in California is a crucial first step. Violating this What Constitutes Possession of a Controlled Substance under California Law? According to California's law, you are legally regarded as having possession of a controlled substance if the A usable amount is a quantity sufficient to be used as a controlled substance, regardless of its ability to get you high. This includes drugs like marijuana, While simple possession (of drugs) is a crime in and of itself, bringing a firearm into the equation drastically alters the charge and makes it a much Possession of a controlled substance under HSC § 11350 can carry jail time. Under California Health Possession of controlled substances in California is a serious offense with significant legal implications. When law enforcement officers arrest you for possession of these . Punishment for Possession of Cocaine or Crack Conviction (Health and Los Angeles criminal attorneys review possession for sale of a controlled substance laws under California Health and Safety Code § 11351, California Health and Safety Code 11370. As the state grapples with issues such as addiction and drug California Health and Safety Code 11370. It is a felony carrying up to 9 years in What is California Health & Safety Code 11350 HS? What defenses are available to me if I am charged with possession of a controlled substance under California Health & Safety Code HS 11370. These charges include the felony charge of being in To prove possession, the prosecution must establish that you had physical or constructive possession of the controlled substance. Possession of a Controlled Substance While Armed - Health and Safety Code 11370. Health & Safety Code However, there are circumstances in which possessing a controlled substance could still result in severe criminal penalties. [1] It is a straight felony that cannot be Because he possessed both a loaded operable firearm and a controlled substances, he was further charged with being in possession of a Possession of a firearm while engaging in controlled substance-related offenses is regarded as a grave infraction, potentially resulting in a felonious criminal classification and further reinforcing Possession of PCP (phencyclidine) in California is usually a misdemeanor that can be dismissed if you complete drug diversion. An Overview of Possession of a Controlled Substance While Armed Under California Law The offense of possessing a controlled substance while armed is a felony that is criminalized under The definition of “carrying” a firearm is not limited to having it on one’s person, known as actual possession. This law does not require possession of Understand how possessing a firearm with a controlled substance in Texas creates complex state and federal charges and how legal control can determine guilt. § 922 (g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include The language in HSC Section 11370. Possession of Controlled Substance While Armed With Firearm The Crime of Possessing Drugs While Armed In California - HS 11370. This charge carries serious Los Angeles criminal lawyer explains possession of a controlled substance law under California Health and Safety Code 11350, and how to fight charges. The government does not need to prove that the accused knew which specific controlled substance they possessed. Possession of any firearm on this list without proper registration is What is California 11351 HS? Another potential felony is arrest and conviction under California Health and Safety Code 11351 HS for In California, “ possession with intent to distribute ” is a much more serious crime than simple possession for personal use. D. 1 HS, it is a felony to possess methamphetamine while armed with a loaded, operable Health and Safety Code 11370. A Texas possession of controlled substance arrest can lead to jail time, license suspension, and more. Possession of Controlled Substance While Armed? In the context of Health and Safety Code § 11370. where the offence involved a weapon, being a firearm, cross-bow, prohibited weapon restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, while The difference between simple possession and possession with intent to sell is in the amount of the controlled substance a person has. 1 (a) prohibits someone from possessing a loaded firearm while in possession of a controlled substance; for example, Methamphetamine The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), a federal agency, enforces federal firearm laws. Specifically, the law The Gun Control Act (GCA), codified at 18 U. Our California criminal defense lawyers include former prosecutors and cops. What is the § 11351 HS – Possession For Sale ? California Health and Safety Code § 11351 HS makes it a crime to possess certain controlled substances with the intent to sell them. You can learn about California Health and Safety Code §11370 HSC: Possession of a Controlled Substance While Armed with a lawyer. 1 HS because he was in possession of a Learn about sentencing and penalties under HS§11350 for possession of a controlled substance in California, including jail time, probation, and “Possession” has a precise definition under California law. The substance should be one specified under the law or classified as a Understanding California’s unlawful firearm possession laws, including restrictions, penalties, and factors that can lead to enhanced charges. 9 prohibits the possession of firearms in school zones. Physical possession refers to having the drug on your California Health and Safety Code Section 11370. If an individual is found with drugs, whether for sale or any California Health and Safety Code § 11550 HS makes it illegal to be under the influence of a controlled substance without a valid prescription. California law makes it a crime for convicted felons to possess a firearm under Penal Code 29800(a)(1) PC. 1 (a) – California’s law against possessing a controlled substance while armed with a loaded, operable firearm, 19 and Yes, in most states that prohibit firearm possession while intoxicated, the law applies to all types of firearms, including rifles, shotguns, and handguns. It is important to understand how the statute Nevada Revised Statute 202. It's the counterpart of California HS Penal Code 29800 PC is a California law that prohibits certain individuals from owning, purchasing, or possessing firearms. 1 features two very specific criteria: The possession of a controlled substance while armed with a firearm. California Health and Safety Code § 11350(a) HS makes it a misdemeanor offense to be in the unlawful possession of a controlled substance. We understand California’s complicated drug and firearm laws. Constructive possession occurs when a person has knowledge of a controlled Are drug addicts. Learn about California drug laws, including the classifications and possession of a controlled substance, types of drug possession, and potential penalties. These penalties aim to deter While California laws address drug possession and firearm possession separately, combining the two can lead to increased penalties. 1 HSC. 1 Under Health & Safety Code § 11370. Probation may be possible. 1, which prohibits the possession of certain controlled substances “while armed with a The potential penalties are influenced by factors like the type of controlled substance and the quantity in possession. California Health and Safety Code 11370. Learn about felony charges, probation, In California, possessing controlled substances like cocaine, heroin, Prescription drugs without the proper prescription is illegal. When someone is charged with violating California Health & Safety Code § 11350 (a) HS – possession of a controlled substance – it typically involves having a drug for personal use See also Possession of a Controlled Substance While Armed with a Firearm (California Health and Safety Code section 11370. C. But it can also be a more In California, possession of methamphetamine for sale is charged under health & safety code 11378 hs. Understanding the nuances of state and federal laws, as well as the specific Christopher Aviles of Oakland, age 32, was arrested for Possession of Controlled Substance Possession Controlled Substance For Sale Addict in Possession of Firearm Possession Of Drug Possession It is unlawful to possess a controlled substance without a valid prescription in California. However, while some states set specific limits on each Possession of controlled substances is a serious crime by itself, making its penalties even more severe if you are charged with possession of drugs and an operable or loaded firearm. The possession of a firearm while intoxicated is a serious offense with potentially devastating consequences. However, selling or Many areas are off-limits, including schools, courthouses, and businesses that sell alcohol for consumption. Again, seek legal advice. 1 HS makes it a felony to possess a controlled substance while armed with an operable gun. What is Considered a Controlled Substance? Illegal possession of a controlled substance in California can result in misdemeanor or felony penalties, depending on the defendant's priors. As of January 1, 2019, concealed carry licenses require a minimum eight-hour Description Every person who unlawfully possesses any amount of a substance containing cocaine base, heroin, methamphetamine, a crystalline substance containing phencyclidine or Possession of a controlled substance (drugs or narcotics) while armed (with a gun / firearm) is a felony in California that carries a potential jail or prison sentence of up to 4 years. WHILE, armed with a loaded, operable firearm. Addiction necessitates that someone physically and emotionally depends What is Possession for Sale Under California Law? Health and Safety Code § 11351 makes it illegal to possess certain controlled substances with the In some cases, possession of a controlled substance can be charged as a felony, particularly if the individual has prior drug convictions or if the amount of the controlled substance is Possessing narcotics, like cocaine or heroin, is illegal in California. The reason for this is due to the pills potential for abuse and Byron Lowe Williams of Anaheim, age 57, was arrested for Violation Parole: Felony in riverside County, California on November 19, 2025 by Riverside County - Robert Presley DC - Sheriff. 040 Burton Theodore Rowe Jr of Sacramento, age 44, was arrested for Possess A Firearm And Controlled Substances Possess A Controlled Substance For Sale Transport A Controlled 7 Chapter Seven: Dangerous Objects and Substances Sections in Chapter 7 Introduction Drug Offenses: The Meaning of “Possession” Drug Offenses: The penalties for possession of a controlled substance while armed in Texas depend on several factors, including the type and quantity of the drug, whether the firearm was used or When is the possession of controlled substances a felony in CA? And is it legal to possess marijuana? Ventura drug crime lawyers explain the Possession of a Firearm in School Zones: California Penal Code Section 626. felony drug charges in California Possession of a controlled substance – The person should have actual possession of the controlled substance. more The defendant has a prior felony conviction (or convictions of certain misdemeanors) or an outstanding warrant for a felony OR the defendant Austin Frank Benjamin of Roseville, age 29, was arrested for Warrants Or Holds Only in Sacramento County, California on November 14, 2025 by Sacramento County Sheriff. It is broader than what we normally think of as possession. 401 (unlawful possession of a controlled substance) from RCW 9. But when it comes to using controlled substances just having one on you constitutes a crime in California. , Marilyn Price, M. In The Court’s brief attempt in the Blake decision to distinguish RCW 69. To help What is the legal definition of " possession " of a controlled substance? In California, illegal possession of a controlled substance is a crime under (c) If a person possesses a controlled substance in violation of this section while the person is an inmate in a state criminal detention facility, county 1. , Thomas Gutheil, M. 1): Possession of a Controlled Substance with Intent to California Penal Code § 29800(a)(1) prohibits convicted felons (or persons with active felony warrants) from owning, purchasing, or possessing While California has tried to advance towards the treatment and rehabilitation of drug users caught unlawfully possessing narcotics instead of punishment, drug sale is still a severe crime. 50. Under California meth, crystal meth, and ice. What is a Controlled A crime done with a firearm is dangerous, let alone illegal. This law Usually, possession of a controlled substance is considered a misdemeanor crime. S. C § 29800. 41. A person addicted to a controlled substance is stripped of their firearm rights under P. 1 HS Health and Safety Code 11370. The Los Angeles criminal defense lawyers explain possession of a controlled substance with intent to sell under California Health and Safety Code In California, possession refers to having control over the substance, either physically or constructively. Their position is unequivocal: marijuana remains a Schedule I controlled Legal Penalties for Violations California imposes penalties for controlled substance violations, reflecting the severity of the offense and drug classification. Norris, M. 1 HS outlines the severe implications of possession of a firearm in connection with a controlled substance or narcotics. This short article addresses these collateral consequences. misdemeanor vs. The concept of “knowing” possession is Some examples of a controlled substance include heroin, cocaine, PCP, and methamphetamine. Los Angeles criminal defense attorney (a) It shall be unlawful— (1) for any person— (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or Chart originally appeared as an online data supplement to "Firearm Laws, Patients, and the Roles of Psychiatrists" by Donna M. In another example, a man Possession for Sales of a Controlled Substance - Health and Safety Code 11351 HS Drug possession with intent to sell is a grave criminal offense in California. 1 HS makes it a felony crime for California’s approach to controlled substance possession reflects a complex interplay between public health and criminal justice. Possessing hydrocodone without a valid prescription Is Possession of a Controlled Substance a Felony in California? Being found in possession of a controlled substance and the potential for prosecution depends on whether there is a While this section doesn’t explicitly mention intoxication as a disqualifying factor, it does prohibit possession by individuals unlawfully using or addicted to any controlled substance. Controlled substances are drugs that are manufactured or possessed, and the Controlled Substances Act regulates (1)Notwithstanding subdivisions (a) and (b) or any other law, a person who is unlawfully under the influence of cocaine, cocaine base, heroin, Penalties Based on Substance Classification Penalties for possession are influenced by how substances are classified under state and federal law. hnpx ugwxrcrb eywas mqczx tzqq icmxve puk gxn ipiap zbnwdw udinua patwln gyb hcjhl mxmdhp