To be convicted the following criteria must be met.
According to code 11370.1, possession of any of the following drugs is a crime, which from here on will be referred to as “controlled substances”.
“Controlled substance analogs” are defined as:
You don’t have to have a controlled substance on your person (although you could) in order to have possession over a drug. It is enough for you to have control over a drug, meaning that it is yours regardless of where it is located, or you have access to it. You could also have joint possession, meaning that both you and someone else has ownership over the drugs.
A usable amount of a controlled substance is defined as an amount that can be used, not necessarily enough to equal a full dose.
In order to be considered armed, you don’t need to have a gun immediately on your person. You do, however, need the gun to be
You also need to be aware that the gun is there.
The gun needs to have a shell/cartridge in it to be considered loaded.
To be convicted you must:
The prosecutor will try to prove that you were aware of the drugs using both direct and circumstantial evidence, such as
Consequences for possessing a controlled substance and a firearm are:
Even though drug rehabilitation is not an option for those caught with both drugs and a firearm, felony probation is.
With felony probation you will be charged with as much as one year in jail with court supervision of as little as three years. Further restrictions include:
Violation of the above can result in you being sent to jail instead.
According to code 11370.1, a controlled substance is defined as a drug that’s regulated by the Californian government under the Uniform Controlled Substances Act.
Examples of controlled substances are:
Aside from GHB, which is another wobbler offense, the majority of controlled substances are illegal to possess in the state of California. Punishments can vary from as little as sixteen months and as much as three years in jail, and/or fine of $1,000, or probation.
If GHB is processed as a misdemeanor instead of a felony, you will be sentenced to as much as a year in prison, a fine of $1,000, or probation.
Under this code, it is illegal to carry a concealed gun. The exception to this law is if you already have the right to own a firearm and you are hiding it within your house or a business you own, not on you or in your vehicle.
Though in some circumstances, carrying a concealed gun is categorized as a felony or wobbler offense, generally it is a misdemeanor with a punishment of as much as one year in jail and a fine of up to $1,000.
Under Penal Code 25400 PC, the following are categorized as felonies:
