The Uniform Controlled Substance Act in California
Many drug crimes are charged as violations of the Health and Safety Code. Pursuant to Health and Safety Code 11350, any person who possesses a controlled substance can be punished by up to one year in county jail. Exceptions to this provision of the Health and Safety Code include having a written prescription for the alleged controlled substance.
Imposing Probation for Possession of a Controlled Substance
Unless it does not serve the interest of justice, a court may grant probation. For a first offense, a person granted probation may have to pay a fine of at least $1,000 or community service.
If the person is convicted of a second or subsequent offense, the fine is increased to at least $2,000 or community service. If the person is unable to pay the fine, community service is to be ordered in lieu of the fine.
What Is a Controlled Substance?
According to Health and Safety Code Section 11054, California recognizes a number of controlled substances classified by Schedules.
Schedule I controlled substances include but are not limited to:
- Opiates
- Acetylmethadol
- Benzethidine
- Dextromoramide
- Diampromide
- Hydroxypethidine
- Opium derivatives
- Heroin
- Codeine-N-Oxide
- Benzylmorphine
- Hallucinogenic substances
- Peyote
- Depressants
- Cocaine base
These are only a few of the Schedule I controlled substances recognized by the State of California. Possession of any controlled substance without a valid prescription is illegal and may result in significant criminal penalties.
Other controlled substances are included in subsequent Schedules. Schedule II controlled substances include raw opium, opium extracts, codeine, hydrocodone, oxycodone, fentanyl, and more.
If you are charged with a drug offense, it is important to discuss your legal options with an attorney and to consider getting treatment. Substance use disorder treatment can help you overcome your addiction or reliance on drugs.