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What will happen to you if you are arrested for personal possession of cocaine or other controlled substances? Drug possession is one of the most common crimes in the US Any possession of an illicit drug, such as marijuana, ecstasy, cocaine, or heroin, can result in serious charges. If the court finds that you had more in your possession than would be used for one person, you could even be charged with possession with intent to distribute or sell. If you or a loved one was charged with this crime, you should be aware of all aspects of your case and know how you can defend yourself.
A person may be arrested for personal possession of cocaine or other controlled substances pursuant to Health and Safety Code 11350(a), which states: Except as otherwise provided in this division, any person who possesses (1) any specified controlled substance in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance listed on Schedule III, IV, or V that is a narcotic, unless on the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punishable by confinement in state prison.
Health and Safety Code 11350(a) is not a wobbler and can only be charged as a felony, which could result in up to 3 years in state prison. Fortunately, if a person is charged with personal possession of a drug offense, most of the time that person will be eligible for a diversion program where their arrest and conviction could ultimately be set aside as long as they meet the necessary requirements. Some different options for that person would be programs like (PC 1000), (Prop 36), or (Drug Court).
Remember that each case is analyzed differently and the results could be higher than those listed depending on the circumstances of the individual cases. If you or someone you know has been arrested on charges under Health and Safety Code 11350(a), contact an experienced criminal defense attorney who is familiar with handling these types of crimes. The attorney you choose to defend you could make all the difference in the outcome of your case. Please do not risk your future or your freedom by not hiring a strong legal advocate to fight for you.