Consequences of Proposition 64

The California law that makes it unlawful to conceal a controlled substance in a fake compartment is Health and Safety Code 11366.8 HS. The crime is punishable by up to 3 years in prison and may be tried as a misdemeanor or felony. According to this law, it is unlawful for someone to:

• The ability to own or employ a fake compartment with the purpose of concealing or transporting drugs inside of it.
• In order to conceal or carry drugs inside a vehicle, create a phony compartment within or attached to the vehicle.

Any box or enclosure that is intended or created to conceal a prohibited substance is referred to as a "false compartment."

What Exactly Does It Mean to Hide Substances in a Falsified Compartment?

Regarding the use of fictitious compartments to conceal drugs, see California Health and Safety Code 11366.8. The relevant code section forbids two acts. First, a violation of Health and Safety Code 11366.8(a) includes:

• own, operate, or maintain a fake compartment
• to do so with the purpose of placing drugs therein for storage, concealment, smuggling, or transportation

Second, a violation of Health and Safety Code 11366.8(b) includes:

• create, assemble, modify, set up, or affix a fake compartment to a vehicle
• to act in such a way with the intent to transfer, smuggle, conceal, or store a banned substance therein

A "false compartment" is any box, container, space, or enclosure contain or built to conceal any drug inside of it.  However, a "vehicle" may be personal or professional in nature. Common vehicles include, for instance: vehicles such as automobiles, trucks, buses, airplanes, boats, ships, and yachts.

Does Health and Safety Code 11366.8 HS Have Any Defenses?

A suspect of hiding drugs in a false compartment may contest the accusation by raising a legal defense. A charge is frequently withdrawn or decreased as a result of a successful defense. Please be aware, however, that in order to mount the strongest defense possible, a defendant must hire representation. Three typical countermeasures against HSC 11366.8 allegations include:

• forced admission
• entrapment
• no intention

What Penalties Apply?

A wobbler is a person who hides narcotics in a false compartment; as a result, the offense is punishable as either a misdemeanor or a felony. Overall an individual who breaches Health and Safety Code 11366.8(a) may get a maximum penalty of one year in the county jail. According to Health and Safety Code 11366.8(b), the following offenses may result in a sentence of incarceration in the county jail:

• 15 months
• two, three, or more years

Please be aware that a judge may impose criminal probation instead of jail time. This kind of probation is also referred to as "summary" or "informal" probation.

Similar Offenses

The hiding of drugs in a phony compartment is a criminal in three different ways. Which are: HSC 11351, HSC 11366, HSC 11379.

Possession of a controlled substance with intent to sell - HSC 11351

California Health and Safety Code 11351 HS forbids the possession of some illegal substances with the aim to resale them. These include illicit narcotics like cocaine, heroin, and LSD. HSC 11351 also provides coverage for widely use prescription drugs like codeine, hydrocodone (Vicodin), and oxycodone (Oxycontin).

Running a drug house: HSC 11366

Operating a drug house is against California Health & Safety Code 11366 HS. "Drug houses" are any establishments that specialize in the distribution or sale of unlawful controlled narcotics. In California, operating a drug house is a wobbler offense, which means it can result in either a misdemeanor or a felony prosecution.

Drug and narcotics manufacture - HSC 11379.6

Without a license, it is illegal to produce drugs, narcotics, or restricted substances, according to California Health and Safety Code 11379.6 HS. More particularly, it forbids production. As a result, a felony accusation will be brought for violating Health and Safety Code 11379.6.

Glendale Lawyer

If you or someone you know has been guilty of a felony under California Health and Safety Code 11366.8, we encourage you to contact our attorneys for a consultation. Please feel free to give our office a call at 310.943.1171.  

Is it a Crime to Possess for Sale of Controlled Substance?

Yes, under Health and Safety Code 11351, it is considered a felony in the state of California to possess controlled substances with the intent to sell them.

What is Considered a Controlled Substance Under Health and Safety Code 11351?

For purposes of Health and Safety Code 11351, a controlled substance is any drug or chemical whose manufacturing, possession, and use are regulated by the government under the Controlled Substances Act.

What is the Controlled Substance Act?

The Controlled Substance Act is a federal statute that enables the federal government to regulate the manufacturing, importation, possession, use, and distribution of certain substances. Additionally, controlled substances are placed under one of five schedules under this act. The placement is based on the following:

• Substance’s medical use;
• Substance’s potential for abuse;
• Substance’s safety; and
• Substance’s dependence liability

What Are Examples of Controlled Substances for Purposes of Health and Safety Code 11351?

Controlled substances for purposes of Health and Safety Code 11351 include the following:

• Cocaine
• LSD
• Mushrooms
• Peyote
• Opium
• Codeine
• Hydro codeine
• Morphine
• Ecstasy

Keep in mind that possession of controlled substances such as marijuana and methamphetamine for purposes of sale are considered separate offenses not covered under Health and Safety Code 11351.

What is Considered "Possession" Under Health and Safety Code 11351?

For purposes of Health and Safety Code 11351, possession is established when an individual has direct and/or immediate control over the controlled substance. Typically, this is established when the individual possesses the controlled substance if they are carrying it on them. Possession can also be established if an individual has personal control over the substance such that the controlled substance was found near or around an area that the individual exercises control over, such as in the individual’s car or garage.

How is Intent to Sell Established Under Health and Safety Code 11351?

Under Health and Safety Code 11351, intent to sell can be established by showing the following:

• The amount of the controlled substance is greater than the amount one individual would typically use;
• The controlled substance has been found in separated baggies;
• The controlled substance was found near or next to a weighing mechanism such as a scale; or
• The location of the controlled substance is frequently visited by many individuals who temporarily come in and go out of the establishment

What are the Penalties Associated with Violating Health and Safety Code 11351?

As mentioned above, violating Health and Safety Code 11351 is considered a felony. Penalties include the following:

• Up to one year in county jail and probation; or
• Two, three, or four years in county jail; or
• Be placed on formal probation
• Pay fines of up to $20,000

Los Angeles Criminal Defense Attorney

If you or someone you know has been charged with Health and Safety Code 11351, we invite you contact KAASS LAW today at (310) 943-1171 to speak to our criminal defense attorney for a free consultation.

Proposition 64 has brought major changes in the state of California. However, it hasn't completely stopped all legal complexities, especially when it comes to driving. While anyone at the age of 21 and over can legally possess and use marijuana within certain limits, operating a vehicle while in possession of it still carries legal challenges. Understanding these layers of law is important for CA drivers so we may avoid any legal penalties. At KAASS LAW, we are committed to providing anything that requires clarifications on these evolving laws. Furthermore, we strive to protect your rights on the road. 

Driving In Possession

Even if you're not actively under the influence while driving, just having it in your vehicle can lead to legal issues, given the circumstances. Here are a couple of violations worth mentioning: 

• VCS 2322:CA has an "open container" law that applies just the same to the possession of marijuana. Furthermore, this means that any cannabis product within the passenger area inside a vehicle cannot open or unseal the container. If not, law enforcement can cite the open container violation against you. 
• Health and Safety Code Section 11357: For individuals under 21, any possession of marijuana in a vehicle is generally illegal and can lead to citations and potential penalties, regardless of whether the container is open or sealed.
• Health and Safety Code Section 11359: If you are in possession of marijuana exceeding the legal limit  of 28.5 grams or show signs of intent to sell (scale, baggies, etc) while in the vehicle, can lead to more serious charges 

DUI

Driving under the influence is a serious charge. You can have a citation for an open container violation even if you're dead sober. However, if law enforcement suspects you are driving impaired, they will conduct a DUI search. These can be stressful and, if convicted or arrested, financially costly, in addition to wasting a lot of your time. 

Can A Police Officer Search Inside Your Car?

A police officer can only search an individual's car if:

• The police officer has a valid search warrant that has been signed off by a presiding judge or
• The police officer is authorized to do so because a valid search warrant exception applies.

What Will Happen If A Police Officer Searches Your Car Unlawfully Inside Your Car?

Should a police officer do an unlawful search and then find marijuana inside the car, that marijuana, which is deemed to be evidence, can be excluded for purposes of the case. Additionally, the case may also be dropped as a result of an unlawful search.

Protecting Your Rights: What to Do If Stopped

If you are pulled over and questioned about marijuana in your vehicle, it's essential to remain calm and exercise your rights:

• Be Police: Keep your responses simple and respectful. Also, keep in mind that you do have the right to remain silent. As long as you instruct the police officer at the given time that you're invoking your 5th Amendment rights, this should be fine. 
• Do Not Admit: Even if you believe you're at fault, if asked if you've used marijuana, politely decline to answer. Anything you say can be used against you.
• Do Not Consent to Searches: Unless they have a warrant or probable cause, you have the right to refuse a search of your vehicle. Clearly state that you do not consent.
• Note Details: If a search is conducted against your will, note the officer's name, badge number, or any details.
• Contact an Attorney Immediately: If you are in legal trouble for driving in possession of marijuana or DUI, contact KAASS LAW as soon as possible to understand your rights and legal options.

KAASS LAW: Your Advocate In Marijuana-Related Traffic Offenses

Navigating California's marijuana laws, especially in the context of driving, can be complex. If you're in a legal dilemma for driving in possession of marijuana or a marijuana DUI, it's crucial to have experienced legal representation on your side. At KAASS LAW, we have a thorough understanding of these laws and can provide you with a strong defense. We will:

• Analyze the Evidence: Carefully review the circumstances of your stop and arrest to identify any potential violations of your rights.
• Explore Legal Options: Our legal team can plan and strategize on mitigating the damages of the case, or potentially dropping the charges entirely. We can explore strategies and options on how we can approach with proper and careful planning. 
• Protect Your Driving Privileges: Driving is extremely important. Allow us to secure your privileges and your right to travel.
• Provide Compassionate and Effective Representation: We can get it done, given the opportunity! 

Contact Us

Don't think you can do this alone! Contact KAASS LAW today for a scheduled consultation service. Our office and its expert members can help and discuss your case so we may learn how we can help you navigate the legal complexities of driving in possession of marijuana in California.