California Health and Safety Code Section 11550 (HSC 11550): Under the Influence of a Controlled Substance

Definition and Aspects of Being Under the Influence of a Controlled Substance:

Health and Safety Coda 11550 (HSC 11550) makes it a crime to be under the influence of a controlled substance or narcotic drug in the state of California. A conviction under this statute constitutes a misdemeanor and can result in jail time.

Examples of controlled substances include:

1. Prescription painkillers (without a valid prescription)
2. Cocaine
3. Heroin
4. Opiates
5. Peyote
6. LSD
7. Other hallucinogens

Marijuana is excluded from this statute.

To be convicted of being Under the Influence of a Controlled Substance (HSC 11550), the Prosecution must prove the following:

1. Defendant willfully used or was under the influence of a controlled substance or narcotic drug

The Defendant is considered to be under the influence if they have taken or used a controlled substance that has affected their brain, muscles, nervous system, or have caused him/her to act in an abnormal fashion.

There is no legally set time regarding how many hours are allowed to pass between when a drug has been taken and when the Defendant could be criminally liable for violating California Health and Safety Code 11550 (HSC 11550).

Criminal Offenses Related to Being Under the Influence of a Controlled Substance:

Other offenses similar to California Health and Safety Code 11550 (HSC 11550) include:

1. Possession of a Controlled Substance – California Health and Safety Code 11350 (HSC 11350)
2. Possession for Sale of a Controlled Substance – California Health and Safety Code 11351 (HSC 11351)
3. Sale or Transportation of a Controlled Substance – California Health and Safety Code 11352 (HSC 11352)
4. Forging a Prescription – California Health and Safety Code 11019 (HSC 11019)
5. Driving while Under the Influence of Drugs (DUID) – Vehicle Code 23152(f) (VC 23152(f))

Examples of Being Under the Influence of a Controlled Substance:

A woman goes to a music festival with a group of friends. After the first act, one of the friends produces a couple of pills of ecstasy. The woman accepts one and takes it. She violates California Health and Safety Code 11550 (HSC 11550), making her susceptible to be charged with the offense.

A man finds tablets from an old surgery in his medicine cabinet. He decides to take several oxycodone pills, despite the surgery being months ago and him not being in any pain. He could be charged with being under the influence of a controlled substance (HSC 11550).

Defenses to Being Under the Influence of a Controlled Substance:

One of the common defenses to California Health and Safety Code 11550 (HSC 11550) is legally administered drugs. If the Defendant obtained and used the controlled substance as regulated, he/she is not in violation of this statute.

Another defense is the accidental or involuntary injection or consumption of the controlled substance. If the Defendant was not aware of being drugged or have taken the drug under the impression that it was something else, the case could be dismissed.

Lastly, if the Defendant was not under the influence or there is no proof the Defendant was under the influence of a controlled substance or narcotics, the case could be dismissed. If there was no blood test taken at the time of the arrest and/or the Defendant did not have drugs, the Defendant was not in violation of California Health and Safety Code 11550 (HSC 11550).

Consequences and Penalty for Being Under the Influence of a Controlled Substance:

Violation of California Health and Safety Code 11550 (HSC 11550), being under the influence of a controlled substance is a misdemeanor. If convicted, this crime is punishable with up to one year in county jail. Additional probation time might also apply, depending on the details of the crime.

Furthermore, if the Defendant is an immigrant or in the process of obtaining a United States Visa, this could hinder their efforts of staying in the country. In severe cases, (HSC 11550) violation can even lead to deportation.

Being Under the Influence of a Controlled Substance (HSC 11550), under California Health and Safety Code Section 11550, is a misdemeanor offense that can result in jail time and additional long-term consequences. It is imperative that if you are charged with Being Under the Influence of a Controlled Substance, you contact an experienced attorney as soon as possible.