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H&S 11377 Possession

Health and Safety Code Section 113778  Possession is a serious offense that can result in a Felony conviction and lengthy prison sentence.  If you need quality, experienced, and aggressive Criminal Defense help from a qualified Criminal Defense Attorney Call today for a free consultation appointment with Jonathan Rooker, Esq.

H&S 1377 Possession.

(a) Except as authorized by law an as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule (((, IV, or V and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of  subdivision (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrists, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a person of not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal code.

(b)(1`) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in subdivision (f) of Section 11056, and who has not previously been convicted of a violation involving a controlled substance specified in subdivision of (f) of Section 11056 is guilty of a misdemeanor.

(3) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in subdivision (g) of Section 111056 is guilty of a misdemeanor.

(3) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in subdivision (g) of Section 11056 is guilty of a misdemeanor.

(3) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in paragraph (7) or (8) of subdivision (d) of Section 11055 is guilty of a misdemeanor.

(4) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in paragraph (8) of subdivision (f) of Section 11057 is guilty of a misdemeanor.

(c) In addition otoany fine assessed under subdivision (b), the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a), with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal code.  The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.

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