Drug possession laws set forth a crime to willfully possess some illegal controlled substances such as cocaine, LSD, vicodin or heroin. The possession of “precursor” that can be used while cultivating and manufacturing drugs is criminalized as well. Depending on the quantities, the possession can be:
- Simple. In practice, it means that the drug was typically previewed for personal use.
- In large amounts. It allows to consider that the offender had the intent to distribute the drugs in the future.
The prosecutor must prove beyond any reasonable doubt that the defendant knowingly possessed a controlled substance, and there was possess of or control over drugs. It can also include «constructive possession or access to an illegal drug” what means that the drugs did not be found on a person but there was a location where he or she controlled it. Even more, this control could be organized through another person(s).
Thus, there two main categories of California drug possession laws: simple possession (for personal use) and possession for sale which will be analyzed in the subsequent sections.
Have you been charged with illegal possession of drugs in Caliornia?
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