What You Need to Know About the California Controlled Substance Laws for 2023
The laws surrounding controlled substances in California have been updated for 2023. Here’s everything you need to know about the 2023 California controlled substance laws.
In California, possessing a controlled substance without the proper prescription is a crime. Perpetrators face misdemeanor charges with up to a year in prison.
Types of Controlled Substances
California law identifies 5 types (or schedules) of controlled substances. These categories are defined by their medical use, relative abuse potential, and the likelihood of causing dependence when abused:
- Schedule I drugs have no accepted medical use in the United States, lack safety for use under medical supervision, and have a high potential for abuse (heroin, LSD, peyote)
- Schedule II drugs have a high potential for abuse and can result in severe psychological or physical dependence (opium, codeine, fentanyl)
- Schedule III drugs have less potential for abuse than Schedule I and II, and abuse may lead to moderate or low physical dependence and high psychological dependence (codeine, ketamine, anabolic steroids)
- Schedule IV drugs have a low potential for abuse relative to Schedule III (alprazolam, temazepam, triazolam)
- Schedule V drugs have a low potential for abuse relative to Schedule IV and consist primarily of preparations containing limited quantities of certain narcotics (cough preparations, ezogabine)
Related: Drug Possession Laws By State
Types of Possession
When charging a person for possession, the prosecution must be able to prove all of the following:
- The substance is a controlled substance.
- The individual unlawfully possessed the substance without a prescription.
- The individual knew of the controlled substance.
- The individual knew that the substance was a controlled substance.
- The individual possessed a usable amount of the substance.
The charge for possession of a controlled substance can be split into three types:
- Actual possession where the drug is physically on the individual
- Constructive possession where the drug is somewhere the individual could easily access it, such as their car or residence
- Joint possession where two people have ownership of the drug. This usually occurs when the drug is found in a shared space.
Consequences of Controlled Substance Possession
Due to Proposition 47, drug possession is no longer charged as a felony. Instead, possession is charged as a misdemeanor resulting in up to a year in jail and no more than a $1,000 fine. This fine increases to $2,000 upon a second or subsequent offense. The misdemeanor charge can be upgraded to felony drug possession if the perpetrator has a prior conviction or had a loaded firearm at the time of the possession.
The charges of possession with intent to sell and federal drug trafficking are much more serious crimes and carry heavier charges.
- Possession with intent to sell can be punished with 2-4 years in state prison and a fine of up to $20,000.
- Federal drug trafficking can be punished with 5-40 years in prison and a fine of $2-5 million for the first offense. The second offense can be punished with 10 years to life in prison and a fine of $4-8 million.*
* The fines and jail time for marijuana are much higher than for other drugs.
Related: Drug/Alcohol-Related Sexual Assault
Can I Be Charged If I’m Holding Someone Else’s Prescribed Drugs?
According to California law, it is not unlawful for a person other than the prescription holder to possess a controlled substance if both of the following apply:
- The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.
- The possessor’s intent was to deliver the prescription to the prescription holder for its prescribed use or to lawfully discard the substance.
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