Sometimes called "simple possession," a criminal charge for possession of controlled substances may involve methamphetamine, cocaine, ecstasy, heroin, PCP, hashish, ecstasy (MDMA), marijuana, or prescription drugs or pain killers without a valid prescription. To be convicted of the crime of possession, the prosecutor must prove beyond a reasonable doubt that you unlawfully possessed a controlled substance, you knew of its presence and that it was a controlled substance, and that the controlled substance was in a usable amount. A person does not have to actually hold or touch something, to possess it. Even if you did not know which specific controlled substance you possessed, you still can be charged and convicted. A usable amount is a quantity that is enough to be used by someone as a controlled substance, but it does not need to enough to get someone "high." I.e., a very small amount may be sufficient to support a criminal possession charge. Depending on nature and amount of the controlled substance, the case could be filed as a misdemeanor or felony.

Although Proposition 215 in effect decriminalized the possession of small amounts of marijuana used for medical purposes under a doctor's prescription, if you are caught with large amounts of marijuana, you may be criminally prosecuted even though you have a medical marijuana prescription. If you have a valid prescription for other controlled substances, you may be able to have the charges against you dismissed, or even dropped before they are filed. You also may be entitled to participate in a drug diversion program. If you have been arrested or prosecuted for drug possession, please call Anchor Criminal Defense for a free consultation.