Drugs Hidden in a False Compartment - Health and Safety Code 11366.8 HS

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.

California's position on marijuana has modernized and allowed the usage of the substance. What's more, this shows that CA is a lot more lax than its strict rules against it in the past. However, the laws surrounding driving under the influence (DUI) of cannabis are complex and carry serious legal problems if one were to break the law. Whereas recreational and medicinal use is legal for adults, yet on the other, operating a vehicle while impaired by marijuana is strictly prohibited and treated with the same severity as driving under the influence of alcohol. Understanding these laws, your rights, and the potential penalties is crucial for all California drivers. At KAASS LAW, we are dedicated to providing clarity on this critical issue and offering robust legal defense to those facing DUI or marijuana charges.

Vehicle Code Section 23152(f) Driving Under the Influence

Vehicle Code section 23152(f) applies to driving under the influence of marijuana. Under VC Section 23152(f), "an individual is prohibited from driving under the influence of drugs." "Drugs" for purposes of this code section refers to any drugs (both illicit or prescribed) that can impair one's driving abilities. Examples of drugs that apply under this code section include marijuana, LSD, cocaine, and even sleeping pills.  Without a doubt, this is a very serious matter.

Evidence a Police Officer Uses to Determine if a Driver Is Under the Influence of Marijuana

Evidence of driving under the influence of marijuana may include:

• The defendant's performance on Field Sobriety Tests (FSTs);
• Slow reaction time
• Defendant's driving pattern;
• Statements made to the police officer;
• Finding marijuana or drug paraphernalia in the defendant's car or on the defendant
• Dilated pupils
• Red eyes
• The odor of marijuana coming from the defendant
• Dry "cotton" mouth

What Are the Charges for DUI of Marijuana?

Charges associated with DUI of marijuana include:

• First DUI offense
• Second DUI offense
• Third DUI offense
• Misdemeanor DUI with injury
• Felony DUI
• Felony DUI with injury

What are the Penalties for a 1st DUI of Marijuana?

A first DUI charge essentially means that it is the individual's first-time DUI charge (including either drug or alcohol). The possible penalties associated with this first DUI of marijuana include:

• Up to 6 months in jail;
• paying a fine anywhere from $390 to $1,000;
• 3 to 9 months of DUI school; and
• driver's license revoked for 6 to 10 months

What are the Penalties for a 2nd DUI of Marijuana?

A Second DUI charge essentially means that it is the individual's second DUI charge (including drug or alcohol). The possible penalties for this second-time offender include:

• 96 mandatory hours in county jail to a maximum sentence of one year;
• paying fines from $390 to $1,000, 30 months of DUI school; and
• driver's license revoked for 2 years

What are the Penalties for a 3rd DUI of Marijuana?

If a Third DUI charge means an individual's third DUI charge (including either drug or alcohol). The possible penalties for this offense include:

• 120 days of mandatory jail time in county jail to a maximum sentence of one year;
• paying fines from $390 to $1,000;
• 30 months of DUI school; and
• driver's license revoked for 3 years

What are the Penalties for a Misdemeanor DUI with Injury?

The penalties for a misdemeanor DUI with injury include:

• 5 days of mandatory jail time in county jail to a maximum of one year;
• paying fines from $390 to $5,000;
• taking DUI school anywhere from 3, 18, or 30 months; and
• driving license revoked for 1 to 3 years

What are the Penalties for a Felony DUI?

A felony DUI occurs if it is the individual's fourth DUI offense within the past 10 years. Additionally, the driver has a prior felony DUI conviction. Or if the driver causes an accident in which the other parties die or are injured as a result of the accident. Penalties for a Felony DUI include:

• 16 months of mandatory jail time in county jail;
• 2 to 3 years of state prison;
• paying fines anywhere from $390 to $1,000;
• 18 to 30 months of DUI school; and
• driver's license revoked for 4 years

What are the Penalties for a Felony DUI with Injury?

In this case of a felony DUI with injuries occurs when an individual drives under the influence and then causes bodily injury or death to another. Consequently, penalties for a felony DUI with Injury include:

• 16 months of mandatory jail time in county jail or up to 16 years in state prison;
• paying fines anywhere from $1,015 to $5,000;
• 18 to 30 months of DUI school; and
• driver's license revoked for 5 years

Reckless Driving

In any case, given the situation if the case goes from bad, to worse, reckless driving can also potentially be a risk factor.

Contact Us

Driving under the influence of marijuana carries serious legal consequences in California. Additionally, don't navigate this complex legal landscape alone. In brief, please contact KAASS LAW today for a confidential consultation to discuss your case and learn how we can help protect your future across the state. Overall, we can help conduct, analyze, challenge, and negotiate for you so we may provide an aggressive and effective representation.