The current state laws in California penalize two types of drug possession activities: simple possession and possession with intent to sell. Apart from this, existing laws also provide for categories of drug charges and their corresponding penalties based on the kind of restricted dangerous drugs possessed. Let’s try to explore on how a drug case is actually pursued by the prosecution once the ball starts rolling. These details might be able to lend you invaluable assistance in the event that you become charged with drug possession in the state.
The pertinent legislation in this case is California Health and Safety Code 11350 HS which prohibits the possession of specific “controlled substances” in the absence of a proper prescription. When we speak of controlled substances, these refer to drugs or chemicals whose manufacture, possession, and use are regulated by the government in accordance with the provisions of the United States Controlled Substances Act. “Possession” under the Code also has three separate categories: actual possession, constructive possession, and joint possession. When the activities of the individual fall under any of the three categories, he can be prosecuted for the crime of possession of illegal narcotics.
Let’s now proceed to differentiating one category from the other. Actual possession is defined as having direct and immediate physical control over the substance. This doesn’t just mean that the drugs are found near your body like inside your clothes but it can also mean unearthing them in things that are under your immediate possession and control such as your bag, briefcase, luggage, and other similar items. If you are caught in actual possession of the drugs, this is probably the most difficult situation to be in because you will need very solid alibi and other proof to show that you had no intent to possess the same or you were just framed.
Constructive possession, on the other hand, means that there was no direct possession of the drugs but they were found in a location over which the person exercises control. One example is when the controlled substances are found in your residence or office. Here, it is essential to establish that you had access to the controlled substances and the link between you and the same also has to be properly proved with sufficient evidence. Lastly, there’s also the case of joint possession wherein the possession is shared by you and another person. In this situation, possession may either be actual or constructive.
