A “controlled substance” is referred to as a drug or any chemical substance which can’t be produced, possessed or used outside the boundaries of regulations set by a government. Use of such substance was deemed unlawful decades ago in order to fight against drug abuse. It was an important step taken to eradicate an increasingly significant global issue of substance misuse. Therefore, controlling access to these substances became a vital step. The Controlled Substances Act of the United States of America is particularly in compliance with this issue and aims to reduce substance abuse, if not wipe it off completely.
The Health and Safety Code of California also called the HS 11350, is used as a paradigm to hold any individual accountable for possessing any listed controlled substance. It is considered an illegal act which can land you in a lot of trouble. It is no hidden truth that a criminal record can have major negative impacts on your professional and personal life.
If you have found yourself in a similar situation and wish to get out of it before it gets too late, the first and foremost step is to get in touch with Takakjian & Sitkoff, LLP, especially if you are anywhere in Los Angeles. To protect your rights and get legal assistance in this difficult situation, you must contact a criminal defense attorney as soon as possible. Possession of controlled substance is considered a serious crime and must be dealt with the help of professionals before asking the police for any sort of help and cooperation.
What is HS 11350?
HS 11350 is a code presented under The United States of America Controlled Substances Act, which regulates the use of the listed controlled substances. It is a crime to possess or use these substances without prescription and any such action is considered a violation of the said code.
The HS 11350 code states that an individual is eligible for charges if they possess any controlled substance as listed; or, possess a controlled substance, also a narcotic drug, which is not prescribed by a licensed physician, dentist, podiatrist or vet.
An individual may face serious charges if he or she is found to be responsible for either one or all of the following:
- Unlawful possession of a listed controlled substance
- Being aware of its presence
- Being aware of the nature or characteristics of the substance as a controlled one
- The controlled substance is found in a usable amount instead of traces or debris.
What are a few of the controlled substances?
The HS 11350 clearly defines and lists down all the categories and subcategories of controlled substances that are illegal to be kept in possession. A few of them are as follows:
- Opium derivatives such as Codeine Methylbromide, Heroin, Morphine methylbromide, and Myrophine, etc.
- Hallucinogenic substances such as Dimethoxy-Amphetamine, Marijuana, Cocaine, Cocaine base, Fenethylline, and Ethylamphetamine, etc.
- Stimulants including Amphetamine, Methamphetamine, Dimethylamphetamine, Benzphetamine, and ecstasy, etc.
- Depressants found in any compound or mixture including Amobarbital and Phenylcyclohexyl Piperidine PCP etc.
- Steroids found in any compound or mixture including Nandrolone, Testosterone, Chorionic Gonadotropin, and Ketamine, etc.
Possession of controlled substances without a prescription from a certified authority is a serious crime and is considered a felony. It is quite often charged with a violation of HS 11364 as well, which condemns the possession of any drug paraphernalia.
If you are found guilty according to this code, you can face up to a $1000 fine, 3 years of informal probation, or jail time for up to a year.
How To Get Out Of It
The first and most important step is to hire an attorney in California who can provide you professional guidance on such a serious legal issue. A few of the ways an attorney can help you prove yourself innocent and get out of this legal mess are as follows:
- By proving that the controlled substance you were found to possess was prescribed. In this case, it is quite simple to prove yourself innocent. The defense attorney would have to present an attested prescription by an authorized physician or dentist which would certify that the drug you possess is merely for your personal use to cure an illness.
- By proving that you, by definition, did not actually possess the controlled substance. According to the law, possessing means having it in your hand at present or placing it in a place which is under your control. If you prove it otherwise, you will be saved from the charges with the help of an attorney.
- By proving that you were unaware of the characteristics of the substance you possessed. A huge part of the law involves the knowledge about the substance that you have. You are guilty either when you were aware of its presence, or when you were aware of its nature. If the defense attorney proves that you neither had any knowledge that the substance you possess was actually one of those enlisted as a controlled substance prohibited by law, nor you knew the nature of the substance you possess which would identify it as a controlled substance, then you will be proven innocent.