11377(a) HS – Possession
(a) Except as authorized by law and 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 III, 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 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.
(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.
(c) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:
(1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.
(2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner.
(d) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription.
Conviction Based on Useless Quantity of Narcotics Under 11377(a) HS
The principle that a conviction cannot be based on possession of a narcotic in such limited quantity or altered form as to render it useless for narcotic purposes also applies to cases involving restricted dangerous drugs under 11377(a) HS. This was affirmed in People v. Johnson, 5 Cal. App. 3d 844.
Establishing Dominion and Control for Unlawful Possession Under 11377(a) HS
In order to prove unlawful possession under 11377(a) HS, it must be demonstrated that the accused had dominion and control over the contraband, along with knowledge of both its presence and its narcotic character. This standard was established in Frazzini v. Superior Court, 7 Cal. App. 3d 1005.
Possession for Future Use or Sale Under 11377(a) HS
Under 11377(a) HS, the possession of a restricted dangerous drug is not limited to physical possession for immediate use; it also includes possession intended for future use or sale. This interpretation was upheld in Russell v. Superior Court, 12 Cal. App. 3d 1114.
Physical Presentation of the Drug Not Required for Conviction Under 11377(a) HS
A conviction for unlawful possession under 11377(a) HS can be supported even without the physical presentation of the drug as evidence in court, as noted in Russell v. Superior Court, 12 Cal. App. 3d 1114.
Inferring Knowledge from Actions Under 11377(a) HS
The accused’s knowledge of the nature of the restricted dangerous drug under 11377(a) HS can be inferred from actions or statements that reflect a consciousness of guilt. This was addressed in People v. Williams, 5 Cal. App. 3d 211.
Imputed Possession in Exclusive Areas Under 11377(a) HS
Possession of a restricted dangerous drug under 11377(a) HS can be imputed to the accused when the contraband is located in an area immediately and exclusively accessible to them, or subject to their joint control with another. This principle was clarified in People v. Williams, 5 Cal. App. 3d 211.
Inclusion of Possession Charge in Transportation Charge Under 11377(a) HS
In a case involving multiple charges under 11377(a) HS, including possession, possession for sale, and transportation of a restricted dangerous drug, a conviction for possession alone may be improper if the possession is merely incidental to the possession for sale and transportation. This was concluded in People v. Cuevas, 16 Cal. App. 3d 245.
Conviction for Both Possession and Transportation Under 11377(a) HS
A defendant cannot be convicted of both possession and transportation of an amphetamine pill under 11377(a) HS when the possession was merely incidental to the transportation. If no separate or distinct possession of the pill is proven, the possession charge is necessarily included in the transportation charge, and the defendant may not be convicted of both. People v. Johnson, 5 Cal. App. 3d 844.
Lesser Included Offense in Convictions Under 11377(a) HS
Under 11377(a) HS, a defendant cannot be convicted of both a greater and a lesser included offense. When convicted of possession for sale and transportation of restricted dangerous drugs, a conviction for simple possession, being a lesser included offense, cannot stand. People v. Kilborn, 7 Cal. App. 3d 998.
Elements of Unlawful Possession Under 11377(a) HS
The elements of the offense of unlawful possession of a restricted dangerous drug under 11377(a) HS include dominion and control over the drug in a quantity usable for consumption or sale, along with knowledge of its presence and its character as a restricted dangerous drug. Russell v. Superior Court, 12 Cal. App. 3d 1114.
Circumstantial Evidence in Proving Possession Under 11377(a) HS
Under 11377(a) HS, the elements of unlawful possession of a restricted dangerous drug may be established through circumstantial evidence and reasonable inferences drawn from that evidence. Russell v. Superior Court, 12 Cal. App. 3d 1114.
Constructive Possession and Knowledge Under 11377(a) HS
Mere constructive possession of a restricted dangerous drug under 11377(a) HS does not satisfy the element of knowledge of the drug’s character, which is required for a conviction. People v. Williams, 5 Cal. 3d 211.
Elements of Controlled Substance Possession Under 11377(a) HS
The elements of unlawful possession of a controlled substance, such as PCP, under 11377(a) HS include dominion and control over the substance in a usable quantity, with knowledge of its presence and its restricted drug character. People v. Camp, 104 Cal. App. 3d 244.