Cal. Health & Safety Code Section 11365, Drug Loitering Possession of Controlled Substances is now a misdemeanor for possession of small amounts with the advent of Proposition 47 in 2014; the “Reduced Penalties for Some Crimes Initiative“. Although you may actually be guilty of possession of controlled substances, there are ways to “beat the rap”; See, “How to Win Your Drug Case; Go After The Cops“.
Cal. Health & Safety Code Section 11365 provides:
(a) It is unlawful to visit or to be in any room or place where any controlled substances which are specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) or paragraph (2) of subdivision (d) of Section 11055, or which are narcotic drugs classified in Schedule III, IV, or V, are being unlawfully smoked or used with knowledge that such activity is occurring.
(b) This section shall apply only where the defendant aids, assists, or abets the perpetration of the unlawful smoking or use of a controlled substance specified in subdivision (a). This subdivision is declaratory of existing law as expressed in People v. Cressey (1970) 2 Cal. 3d 836.
(Amended by Stats. 1991, Ch. 551, Sec. 1.)
If you have been arrested for sales of narcotics, we can help you.
Jerry L. Steering, Law Office of Jerry L. Steering, 4063 Birch Street, Suite 100, Newport Beach, CA 92660; (949) 474-1849; firstname.lastname@example.org
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