Drug Possession In California: What Needs To Be Proven

When it comes to drug cases in the state of California, the pertinent legislation to check out is the California Health and Safety Code 11350 HS governing the possession of controlled substances. As discussed in a previous post, the law covers the various categories of possession as well as a comprehensive list of the controlled substances one should be aware of. Now let’s move on to evaluating the kind of evidence needed to convict one of possession under the pertinent provisions of the said legislation.

First off, the prosecution needs to establish two things before a conviction can be meted out to the accused for the crime of possession of these controlled substances. These are basically:

• Proof that the accused actually knew of the drug’s presence; and
• Proof that the accused was aware of its nature as a controlled substance

Just by looking at the two requirements, you can see that the prosecution has its work cut out for them. The proof needed to establish probable cause against the accused for possession must be one that can clearly show his intent to commit the said act. If the defense can throw in enough to doubt to cloud the evidence presented, acquittal won’t be so far off. Needless to say, you should secure the legal services of an extensively experienced criminal defense attorney for this purpose. That’s why it is highly encouraged to seek for proper legal representation the moment you are investigated as a suspect for the said crime of possession. Apart from the two requirements, there’s also a need to establish that there was in fact, sufficient quantity of the drug in order for it to be efficiently utilized as a controlled substance.

If there are only traces or residue of the drugs, these are certainly not enough to create the burden of proof to sustain a conviction against the accused. The qualification that there must at least be “enough” of the substance possessed should be construed to mean that there is enough of it to be utilized as a drug. In other words, there must be enough of the substance for it to be used and produce the desired effect otherwise known as the “narcotic effect.” If this cannot be established, then the accused also stands for an acquittal. So in the unfortunate event that you become charged with possession under California Health and Safety Code 11350 HS, get in touch with our experiencedcriminal defense attorneys in Los Angeles ASAP in order to avoid eventual conviction.

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