Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Possession of a Controlled Substance

In San Diego, prosecutors aggressively pursue cases involving possession of a controlled substance, even when the amount is small or tied to addiction rather than intent to distribute. A conviction can trigger lasting penalties, jail time, fines, probation, and a permanent criminal record that affects employment and licensing. Because California’s drug laws are complex and law enforcement often oversteps its authority, these cases require immediate, strategic legal intervention. Every detail matters: how the substance was discovered, how it was tested, and whether the accused lawfully possessed it under a prescription.

San Diego Possession of a Controlled Substance Lawyer

At The Law Offices of Michael E. Cindrich, APC, the defense team draws on extensive experience in both prosecution and defense to expose weaknesses in the government’s case and protect the rights of those charged. The firm approaches each case with precision and persistence, seeking dismissal, diversion, or reduced penalties whenever possible. In the following sections, the firm explains what individuals need to know about possession of a controlled substance in California, including applicable laws, potential penalties, available defenses, key stages of the case, and the critical role of a San Diego drug possession lawyer.

The Law Offices of Michael E. Cindrich serve clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and the city of San Diego.

For a free, confidential consultation, call (619) 262-2500.

Overview of Possession of a Controlled Substance Charges in San Diego

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California Laws on Possession of a Controlled Substance

California’s drug possession laws are found in the Uniform Controlled Substances Act (Health and Safety Code §§ 11000–11651). The Act divides controlled substances into five schedules under §§ 11054 through 11058, based on their potential for abuse, accepted medical use, and level of danger.

Schedule 1 — Substances with a high potential for abuse, no accepted medical use in the U.S., and lack of safety even under medical supervision. Possession or sale is illegal under California and federal law. Examples:

  • Heroin
  • LSD (acid)
  • MDMA (ecstasy)
  • Psilocybin (magic mushrooms)
  • Mescaline and peyote
  • GHB (when not prescribed)
  • Cannabis (Schedule I federally but legalized in California)

Schedule II — Drugs with a high abuse potential but recognized medical uses. Abuse can lead to severe physical or psychological dependence. Strict prescription control applies. Examples:

  • Cocaine
  • Methamphetamine
  • Fentanyl
  • Oxycodone (OxyContin)
  • Hydrocodone (Vicodin, Norco)
  • Morphine
  • Methadone
  • Adderall (amphetamine salts)
  • Ritalin (methylphenidate)
  • Demerol (meperidine)

Schedule III — Drugs with a moderate to low potential for abuse, accepted for medical use, and capable of causing moderate dependence. Often used therapeutically but regulated. Examples:

  • Anabolic steroids (testosterone, stanozolol)
  • Ketamine
  • Tylenol with codeine (low-dose)
  • Buprenorphine (Suboxone)
  • Marinol (synthetic THC)
  • Butalbital (a sedative barbiturate)

Schedule IV — Substances with a low potential for abuse and dependence relative to Schedule III drugs. Commonly prescribed for anxiety, sleep, or pain. Examples:

  • Xanax (alprazolam)
  • Valium (diazepam)
  • Ativan (lorazepam)
  • Klonopin (clonazepam)
  • Ambien (zolpidem)
  • Lunesta (eszopiclone)
  • Tramadol
  • Soma (carisoprodol)
  • Restoril (temazepam)

Schedule V — Drugs with the lowest potential for abuse and widely accepted medical uses, often containing small quantities of narcotics. Examples:

  • Cough syrups with codeine (Robitussin AC)
  • Lomotil (diphenoxylate/atropine)
  • Lyrica (pregabalin)
  • Motofen (difenoxin/atropine)
  • Parepectolin (kaolin/pectin mixtures)

These classifications are used to determine the severity of the offense and punishment under California law.

Possession of Narcotics — Under Health and Safety Code § 11350, it is illegal to possess narcotic drugs such as heroin, fentanyl, cocaine, morphine, codeine, or oxycodone unless the person has a valid prescription. These narcotics fall mainly under Schedules I and II.

A person found guilty of possessing these substances without authorization can be charged with a misdemeanor, which carries a maximum penalty of one year in county jail and a fine of up to $1,000. However, if the person has prior convictions for certain serious or violent felonies, such as murder, robbery, or rape listed under Penal Code § 667(e)(2)(C)(iv)—or is required to register as a sex offender under Penal Code § 290(c), the offense can be treated as a felony. A felony conviction under § 11350 can result in a sentence of 16 months, two years, or three years in county jail under Penal Code § 1170(h) and a fine of up to $10,000 under Penal Code § 672.

Courts may also impose an additional $70 fine under Penal Code § 1463.23, which helps fund drug treatment programs. If probation is granted after a felony conviction, the court usually must order a minimum fine of $1,000 for a first offense and $2,000 for a second offense, unless community service is substituted.

Possession of Restricted Dangerous Drugs — Health and Safety Code § 11377 makes it illegal to possess certain controlled substances that are not classified as narcotics. These include methamphetamine, PCP, ketamine, anabolic steroids, and various hallucinogens listed in Schedules III, IV, and V. Unlawful possession of any of these drugs is usually charged as a misdemeanor punishable by up to one year in county jail and a fine of up to $1,000. However, if the person has prior convictions for serious or violent felonies or an offense requiring sex offender registration, the charge can be filed as a felony. The felony version of this offense carries a possible sentence of 16 months, two years, or three years in county jail and a fine of up to $10,000.

Possession of Cannabis or Concentrated Cannabis — Health and Safety Code § 11357 governs the possession of cannabis and concentrated cannabis. Since Proposition 64 took effect, adults aged 21 or older may legally possess up to 28.5 grams (about one ounce) of cannabis or up to eight grams of concentrated cannabis for personal use. Possession by individuals under 21 or possession of amounts above these limits can still result in criminal charges.

For adults 21 and older, possession of more than the legal limit is a misdemeanor punishable by up to six months in county jail, a fine of up to $500, or both. For people between 18 and 20 years old, any possession of cannabis is an infraction that carries a fine of up to $100. For minors under 18, possession is also an infraction, but instead of paying a fine, they must complete drug education or counseling and community service—typically four hours of education and up to ten hours of community service for a first offense, and six hours of education and up to twenty hours of community service for later offenses.

If cannabis is possessed on or within a school campus during school hours, the penalties are more serious. An adult 18 or older who does so can be fined up to $250 for a first offense and up to $500 or ten days in county jail for a second offense. For minors, the offense results in counseling and community service instead of jail.

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Key Elements the Jury Must Find in a Possession Case

Under CALCRIM No. 2304—and CALCRIM No. 2375 for cannabis, the prosecution must prove several elements beyond a reasonable doubt before a person can be convicted of possession of a controlled substance under Health and Safety Code §§ 11350, 11377, or 11357. These elements define what the jury must find to determine guilt and ensure that a conviction is based on clear, lawful proof rather than suspicion or proximity alone.

Knowing Possession — The prosecution must establish that the defendant knowingly possessed the substance and had control over it. “Possession” can be actual, meaning the drug was physically on the person, or constructive, meaning the defendant had the right to control it, for example, in a car, backpack, or residence under their control. Simply being near drugs or in the same area is not enough to prove possession under CALCRIM No. 2304.

Knowledge of the Substance’s Nature — The defendant must have known that the substance was a controlled drug, though not necessarily which one. If a person believed the substance was harmless, such as sugar or another legal item, this element is not satisfied. The focus is on awareness of the substance’s character as an illegal drug, not on scientific or chemical understanding.

Usable Amount — A conviction requires proof that the substance was in a usable amount. Under CALCRIM No. 2304 and People v. Rubacalba (1993) 6 Cal.4th 62, the quantity must be enough for consumption or use in a typical manner. Traces, residue, or debris are insufficient, though the amount need not be large enough to cause intoxication.

No Lawful Authorization — The prosecution must also prove that the defendant lacked a valid prescription or other lawful authorization to possess the drug. A valid written prescription from a licensed physician, dentist, podiatrist, naturopathic doctor, or veterinarian is a complete defense under §§ 11350 and 11377. For cannabis under § 11357, prosecutors must show that the amount exceeded legal limits or that the person was not legally permitted to possess it, such as being under 21 years old.

If the prosecution fails to prove any of these elements beyond a reasonable doubt, CALCRIM No. 2304 instructs the jury that it must return a not guilty verdict. These requirements protect defendants from wrongful conviction by ensuring that each part of the charge is supported by credible, lawful evidence.

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Common Defenses to Possession of a Controlled Substance

Lack of Knowledge or Intent — California law requires proof that the defendant knew both that the drug was present and that it was a controlled substance. Merely being near drugs or in a location where they are found is not enough. For instance, a person unaware that a friend left drugs in their car cannot be convicted.

Unlawful Search and Seizure — Evidence collected through an illegal search may be excluded under Penal Code § 1538.5. Officers must have probable cause or a valid warrant. If the search violated constitutional protections under the Fourth Amendment, the drug evidence cannot be used in court, often resulting in dismissal.

Valid Prescription — A legitimate prescription from a licensed doctor, dentist, podiatrist, naturopathic doctor, or veterinarian is a complete defense under Health and Safety Code §§ 11350 and 11377. The prosecution must prove the absence of a valid prescription to sustain a conviction.

Temporary Possession for Disposal or Delivery — Under §§ 11350(d) and 11377(c), it is lawful to possess a controlled substance only long enough to deliver it to the prescription holder or properly dispose of it. The defense applies only if the intent was limited to those lawful purposes.

Entrapment — Entrapment occurs when law enforcement pressures or induces someone to commit a crime they otherwise would not commit. Under People v. Barraza (1979) 23 Cal.3d 675, the focus is on the officer’s behavior, not the defendant’s predisposition.

Mistaken Identity or Insufficient Evidence — If the prosecution cannot prove the defendant knowingly possessed or controlled the substance, the charge must fail. Weak links between the person and the drugs, or unreliable lab results, can create reasonable doubt requiring acquittal.

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Drug Diversion and Rehabilitation Programs

Proposition 36 — Under Penal Code §§ 1210–1210.1, people convicted of simple possession can receive treatment instead of incarceration. Participants must complete a court-ordered program that typically lasts up to one year. If treatment and probation are successfully completed, the conviction is dismissed. Failure to comply can lead to reinstated jail time.

Drug Court — This is a more structured program available in San Diego County and other parts of California. It includes regular court appearances, drug testing, and treatment supervision over a period of roughly 18 months. The program is run by a collaborative team that includes judges, attorneys, and counselors. Participants who remain sober and follow the program’s rules can have their charges reduced or dismissed.

Pretrial Diversion — Under Penal Code § 1000, first-time offenders can enter a treatment program before trial. If they finish counseling and remain arrest-free for six to twelve months, the case is dismissed without a conviction. This program is meant for nonviolent possession and personal use offenses.

These alternatives give people the opportunity to treat addiction, avoid jail, and rebuild their lives. A knowledgeable defense lawyer can help determine eligibility and guide clients through the process to maximize their chance for dismissal and recovery.

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Role of a San Diego Drug Possession Attorney

Conducting a Detailed Case Investigation — A San Diego drug charge attorney begins by examining every piece of evidence, including police reports, search warrants, and laboratory analyses. The lawyer determines whether officers violated search and seizure laws, whether the drugs were properly tested, and whether law enforcement followed constitutional procedures. Identifying weaknesses in the prosecution’s case can lead to suppressed evidence or dismissal of charges.

Protecting the Client’s Rights in Court — The attorney challenges unlawful police actions, cross-examines witnesses, and disputes how the prosecution interprets evidence. When needed, motions are filed to exclude illegally obtained drugs or statements. The defense focuses on ensuring the prosecution cannot meet its burden of proof beyond a reasonable doubt.

Securing the Best Outcome Possible — For qualified defendants, the attorney seeks entry into diversion programs such as Proposition 36, Penal Code § 1000 pretrial diversion, or San Diego Drug Court. These options can replace jail with treatment and may result in dismissal after successful completion. When diversion is not available, the lawyer pursues reduced sentencing or probation through skillful negotiation.

Providing Compassionate and Strategic Guidance — Throughout the process, the attorney communicates clearly, explains legal options, and prepares clients for each stage of the case. The Law Office of Michael E. Cindrich, APC combines strong courtroom advocacy with empathy—protecting clients’ rights, minimizing penalties, and guiding them toward a stable and lawful future.

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Frequently Asked Questions

What happens after being charged with possession of a controlled substance in San Diego?
After a San Diego possession of a controlled substance charge, the court may impose jail, probation, or drug treatment depending on the facts, prior record, and substance type.

Can a San Diego drug possession lawyer get someone’s charges dismissed?
A skilled San Diego drug possession lawyer can often negotiate reduced charges, suppression of illegally obtained evidence, or dismissal through treatment diversion or lack of proof.

Is possession of a controlled substance in California always a misdemeanor?
No. California possession of a controlled substance may be charged as a felony if the defendant has serious prior convictions or other aggravating factors under Penal Code provisions.

Can someone avoid jail for a San Diego drug possession offense?
Yes. First-time San Diego drug possession offenders often qualify for probation, diversion, or treatment programs instead of jail, particularly under Proposition 36 or Penal Code § 1000.

Will a possession of a controlled substance conviction affect employment?
Yes. A possession of a controlled substance conviction can appear on background checks, limiting job opportunities, professional licenses, or housing unless later expunged or dismissed under California law.

How can a San Diego drug possession lawyer help someone facing charges?
A San Diego drug possession attorney can investigate the arrest, challenge police procedures, negotiate alternative sentencing, and pursue dismissal or diversion options based on case specifics.

Can police search someone’s car for a controlled substance without a warrant?
Police need probable cause, consent, or specific legal justification to search for a controlled substance. Unlawful searches can lead to suppression and case dismissal in court.

How long does a San Diego drug possession case take to resolve?
A San Diego drug possession case may take weeks or months, depending on evidence issues, plea negotiations, diversion eligibility, and court scheduling within the local system.

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Resources

California Health & Safety Code § 11350 – California Legislature — This statute outlines California’s laws on possession of certain narcotic controlled substances, including penalties for possession without a valid prescription. It specifies applicable fines, jail terms, probation conditions, and exceptions for lawful possession when authorized by a prescription holder.

San Diego County Drug Court – San Diego Superior Court — This official page explains the operation of San Diego County’s Drug Court program, which offers treatment and supervision for nonviolent drug offenders. It describes eligibility requirements, program structure, supervision frequency, and available treatment services such as counseling and testing.

California Law Leaves Defendants Responsible for Finding Drug Treatment – Governing — This article discusses the implementation of California’s Proposition 36, which reclassified certain drug crimes and emphasized treatment over incarceration. It reviews challenges in connecting defendants to treatment, funding gaps, and differences between Proposition 36 court and traditional drug court programs.

Narcotic and Gang Division – San Diego County Sheriff’s Office — This webpage provides information on the San Diego County Sheriff’s Narcotic and Gang Division. It describes the division’s units, including task forces focused on narcotics investigations, gang activity, and drug trafficking enforcement. It also outlines collaboration with state and federal agencies and provides contact information.

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Hire a Defense Attorney for Possession of a Controlled Substance Charges in San Diego County, CA

Drug possession charges can result in jail time, fines, and long-term damage to your record. Whether involving prescription medication, cocaine, fentanyl, or other controlled substances, a conviction can impact your employment, housing, and future opportunities.

The Law Offices of Michael E. Cindrich defend clients accused of all levels of drug crimes, from simple possession to possession with intent to sell. We pursue dismissal, diversion programs, or reduced penalties whenever possible.

Call (619) 262-2500 today for a free consultation to protect your rights and your record.