Full question:
In the state of California what is the definition of "under the influence of a controlled substance" (not driving). I was under the impression that you had to have used within the last 24 hours. Is that correct? In the case of "Meth" use they can only tell if you had used within the last 72 hours and not if it had only been 24 or less. The health and safety code sited was 11550(a).
- Category: Criminal
- Date:
- State: California
Answer:
According to California Health and Safety Code § 11550, it is illegal for a person to use or be under the influence of any controlled substance. This includes substances specified in various sections of the law. The burden of proof is on the defense to show that they fall under an exception.
If convicted, a person faces a misdemeanor charge, with a jail term ranging from ninety days to one year. The court may also grant probation for up to five years, requiring at least ninety days of jail time as a condition.
For repeat offenders, the penalties increase, requiring a minimum of one hundred eighty days in jail if the offense occurs within seven years of two or more prior violations.
Additionally, if a person is found under the influence of certain drugs while in possession of a loaded firearm, they face more severe penalties, including potential imprisonment in state prison for subsequent offenses.
In summary, being under the influence is not strictly defined by a specific time frame, such as 24 or 72 hours, but rather by the act of using a controlled substance as defined by the law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.