Possession of a Controlled Substance While Armed
Health & Safety Code § 11370.1
What counts as a violation of Health & Safety Code § 11370.1?
Health & Safety Code § 11370.1 makes it a crime to unlawfully possess any amount of certain controlled substances while armed with a loaded, operable firearm.
This includes possessing a substance that contains cocaine, heroin, methamphetamine, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine.
“Armed with” under this statute means having available for immediate offensive or defensive use.
What is the punishment for a violation of Health & Safety Code § 11370.1?
A conviction for under Health & Safety Code § 11370.1 is a felony by imprisonment in state prison for up to four years.
Additionally, a person who is convicted under this statute will be ineligible for diversion or deferred entry of judgment.
What are defenses to Health & Safety Code § 11370.1?
• You did not know you were in possession of a controlled substance
• You were not “armed” as it defined under the statute
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