Table of Contents
- 1 What does under the influence of a controlled substance mean?
- 2 Is it illegal to have drugs in your system in California?
- 3 Is Xanax illegal in California?
- 4 How do you win a drug possession case?
- 5 Can a misdemeanor under health and Safety Code 11550 be expunged?
- 6 What happens to a person convicted of a misdemeanor in California?
What does under the influence of a controlled substance mean?
Theory Two: Being under the influence of a controlled substance means that someone has consumed an illegal drug and the drug has induced a narcotic effect on the user affecting the functioning of the brain, nervous system, or other normal function of the body.
Is it illegal to have drugs in your system in California?
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. If you are caught in possession of any usable amount, you face legal consequences.
Is it illegal to be under the influence of a controlled substance?
A conviction for being under the influence can lead to harsh legal penalties, including jail time, probation, drug counseling, and fines. The penalties can become more severe if you have multiple offenses or were handling a firearm while being under the influence.
What does H&S mean in jail?
2 attorney answers It means California Health & Safety Code. The abbreviation H&S will be followed by a specific code section. Drug offenses and some other crimes are listed in the Health & Safety Code.
Is Xanax illegal in California?
Xanax is a drug that can be legally prescribed in California. If a person has a legal prescription for Xanax, it is lawful for him to drive after taking the drug, if taken as a medication. However, it is illegal under California Vehicle Code 23152(f) for a motorist to drive under the influence of drugs (DUID).
How do you win a drug possession case?
How To Win A Drug Possession Case
- Get Attorney Representation Immediately. Your first step is to hire a reputable drug possession attorney who specializes in fighting felony drug charges.
- Assess Possible Defense Strategies.
- Lab Testing Issues.
- Beyond a Reasonable Doubt.
- Contact a Drug Possession Attorney Today.
What is an illegal drug definition?
Illegal drugs are drugs which a person is not allowed to own or use. The law says a person cannot own an controlled drug without permission. A drug is any chemical that affects the human body or mind when it is consumed in any way. A psychoactive drug affects the brain.
What do you need to know about HS 11550 ( a )?
HS 11550(a) provides in pertinent part: “A personal shall not use, or be under the influence of any controlled substance, except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances.
Can a misdemeanor under health and Safety Code 11550 be expunged?
As indicated herein, if you were convicted of a misdemeanor under Health and Safety Code 11550 or a felony for which you served no state prison time, you qualify for an expungement of the conviction. You may petition the court once you satisfy these other conditions:
What happens to a person convicted of a misdemeanor in California?
It shall be the burden of the defense to show that it comes within the exception. A person convicted of violating this subdivision is guilty of a misdemeanor and shall be sentenced to serve a term of not more than one year in a county jail.
What does willfully mean in Penal Code 7?
Penal Code 7, subsection (1) defines willfully as “simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.”