March 9, 2010 By Wallin & Klarich

California Health & Safety Code Section 11350 is a law that makes it illegal to possess various types of drugs as defined within the health and safety code.

In order to be convicted of possession of a controlled substance, the prosecution must prove that you unlawfully possessed a controlled substance, that you knew of its presence, that you knew of the substance’s nature or character as a controlled substance, what the controlled substance was, and that the quantity possessed was a usable amount. Possession means that a person has physical custody and control over the substance.

One of the many defenses to possession of a controlled substance is momentary/transitory possession. In order to successfully assert the defense of momentary/transitory possession, it must be shown that the defendant possessed the controlled substance only for a momentary or transitory period, that the defendant possessed the controlled substance in order to abandon, dispose of, or destroy it, and that the defendant did not intend to prevent law enforcement officials from obtaining the controlled substance. Of course, because every case is unique it is vital that you speak with an experienced criminal defense attorney about the particular facts of your case and any defense that may be available to you.

A felony conviction for possession of a controlled substance may result in imprisonment in the county jail for up to one year or imprisonment in the state prison for up to three years. In addition, various other penalties can be imposed on you by the judge when you are sentenced. These include substantial fines and fees, community service, drug classes and more. In addition, other “collateral” consequences may result. For example, someone convicted of a drug offense may not qualify for federal student aid to attend college, and a drug conviction will likely also make it difficult to maintain employment or find a new job.

For more information, go to and read our Possession of a Controlled Substance section. You will find invaluable information on the charges that you or a loved one may be facing, as well as the possible defenses.

If you have been charged with possession of a controlled substance, it is vital that you immediately contact an experienced California possession of drugs criminal defense attorney. At Wallin & Klarich our experienced criminal defense attorneys have been handling drug possession cases for more than 30 years and will aggressively represent you. With so much at stake it is essential that you call us today. Call Wallin & Klarich today at (888) 280-6839 to learn more about your legal rights. We will be there when you call.

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