Under the Influence of a Controlled Substance - HS 11550
California Health and Safety Code 11550 HS makes it a crime to use or to be under the influence of a controlled substance unless you have a valid prescription. This is a misdemeanor punishable by up to one year in county jail.
Those people who are under the influence of a narcotic potentially face a minimum of 90 days in jail if they're caught under the influence.
It seems to me that the reason that the courts were doing this for a long time was because they were trying to draw the person out to take the ability to get narcotics away from them so that they would not use narcotics anymore. This is also a form of punishment.
I don't see as much anymore. Now, they're not trying to catch people and charge them with being under the influence of a narcotic. They will arrest them, though, and put them into court. They are under the influence, and just straight possession of a narcotic falls under the same Health and Safety Code Section category 11350.
So, if you're charged with either being under the influence or in possession of a narcotic, you can be charged under that Health and Safety Code section and prosecuted accordingly.
Importantly, the government—including the Governor of California and other legislative officials—has recognized the need for a more compassionate approach.
Recognizing the severity of many drug-related offenses, the government, including the Governor of California and other legislative officials, has initiated a more compassionate approach. This shift in perspective offers hope for a more supportive and understanding legal system, providing reassurance to those in need of help.
Having been in this field for twenty-five years, I've witnessed a significant decrease in the number of people going to jail and the harsh punishments being meted out.
Now, there seems to be a nice push towards actually helping the people who get these types of crimes where they're under the influence of a narcotic – whether it be heroin, ecstasy, methamphetamine.
Diversion Programs
Where you start to get into trouble is when people are selling narcotics. Then, the authorities and the court system are much harsher. However, those individuals who are under the influence can avail themselves of programs and can have the ability to get drug treatment through in-house or outpatient programs.
There are diversionary programs and deferred entry of judgment, or your record is protected.
There are all sorts of programs now really aimed at helping people who get themselves involved in drugs because the courts and the legislature realize a lot of these people are addicted and can't help themselves. Instead of just being warehoused in jail or prison, they need help.
However, there's another area of the law where people are using narcotics – abusing narcotics – and then committing crimes. Of course, those people are turning around saying I want to get drug treatment and the courts say, you've committed another crime.
It's important to understand that being under the influence of drugs and committing crimes can have serious legal consequences. For instance, if someone takes a narcotic, hallucinates, and then commits serious offenses, they cannot use their drug addiction as a defense.
Getting Help With Addiction
If you're seeking help for your drug problem, rest assured that the court system and prisons are equipped to provide the necessary support.
However, it's also important to understand that when drug use leads to criminal activity, the next step for prosecutors is to deter further offenses through appropriate punishment. This approach aims to provide a balance of support and deterrence for individuals struggling with addiction, ensuring they feel supported and understood.
It's important to note that voluntary intoxication, or being under the influence of a drug and then committing other crimes, is not a defense in California for almost every crime. The only crimes where voluntary intoxication can be used as a defense are specific intent crimes.
The only crimes that voluntary intoxication – through alcohol or drugs – are a defense to specific intent crimes. This means that if you commit a crime while under the influence, you cannot use your intoxication as an excuse for your actions.
For example, let's say somebody tried to shoot somebody because they were hallucinating because they overdosed on methamphetamine.
That would typically be an attempted murder case. If you're shooting a gun at somebody, there's a good chance you're trying to kill that person.
However, there could be an argument that the person was so intoxicated by methamphetamine, had no motive to shoot the other party, and did it because they were hallucinating. This could lead to a different charge, such as assault with a deadly weapon, which is a general intent crime, in that circumstance.
However, there could be an argument that the person was so intoxicated by methamphetamine, had no motive to shoot the other party, and did it because they were hallucinating.
That person is likely going to get out scot-free but might argue that they shouldn't be hit with attempted murder, which is fifteen to life. Maybe an assault with a deadly weapon, which is a general intent crime, could be used in that circumstance.
So voluntary intoxication, being under the influence of a drug, can be used to mitigate certain offenses.
But the bottom line is, if you are charged with being under the influence of a drug in Los Angeles County, seek professional legal assistance. We'll assess your situation in the context of all the relevant factors, including the Propositions, your life, your career, and your history, and then we can determine the best course of action to help you.
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