Under the Influence of a Controlled Substance – California Law & Defense

Charged With Under the Influence of a Controlled Substance? Get Experienced Legal Help in California

Being under the influence of a controlled substance in California is a serious drug crime—prosecutors can seek up to one year in county jail and impose stiff fines, even for a first misdemeanor offense. A conviction also places you on probation, threatens your job, and creates a lifelong criminal record.

The statute reads:

“No person shall use, or be under the influence of any controlled substance or narcotic drug specified in paragraph (1) of subdivision (f)… except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances.” (California Health and Safety Code § 11550(a)).

Ready to speak with a drug crime lawyer? Contact us now at (888) 702-8845 or contact us online.

See the contents

What Counts as “Under the Influence”?

California’s Health and Safety Code 11550 (“11550 HS”) turns something as fleeting as a rush, a nod, or a set of dilated pupils into a crime. The statute says you may not be under the influence of a controlled substance or a narcotic drug in any public or private place, even your bedroom. Courts have defined “under the influence” as any perceptible effect on the nervous system, brain, or muscles that impairs ordinary care for yourself or others.

Common substances that trigger an 11550 HS arrest

Methamphetamine, crystal, or ice.
Powder or crack cocaine.
Opioids such as heroin, fentanyl, oxycodone, hydrocodone, morphine.
MDMA, ecstasy, molly, or related empathogens.
LSD, ketamine, GHB, PCP, or other hallucinogens.
High-THC concentrates or marijuana mixed with harder illegal drugs.
Prescription drugs—benzodiazepines, ADHD medication—taken without a valid prescription.

The phrase “under the influence” also covers withdrawal symptoms. If your body shows tremors, goose bumps, or yawning fits immediately after heavy opioid drug use, the prosecutor may claim that it is part of the same course of intoxication.

What Substances Are Considered Controlled in California?

California mirrors the federal Controlled Substances Act, slotting controlled substances into five “schedules.” Schedule I (heroin, LSD) carries the heaviest stigma; Schedule V (certain cough syrups) carries the lightest. Being under the influence of drugs from any schedule can violate HS 11550, because the code section itself states that “HS makes it a crime to be under the influence of controlled substance or narcotic drug specified in paragraph (1) of subdivision (f).”

Officers rarely rely on a single clue. They weave a web of observations, tests, and forensic findings:

Drug test results – Urine, blood, or saliva collected promptly (a breath test is not typical for narcotics).
Drug Recognition Expert (DRE) opinion – A DRE checks pulse, pupil size, muscle tone, and blood pressure, then matches the pattern to a narcotic drug classified in Schedule III or another category. (The DRE is a member of law enforcement trained to spot specific signs.)
Field-sobriety clues – Lack of convergence in the eyes, distinct odors, tremors, or slow reaction time.
Controlled substances and narcotic drugs found on your person, plus paraphernalia, texts, or witness statements.
Video, body-cam, or dash-cam footage showing erratic driving, furtive movements, or slurred speech.

Because the state leans so heavily on subjective officer testimony, a seasoned defense attorney must challenge every sensory detail, like lighting conditions, camera angles, and whether the officer was even a certified DRE. With these aspects argued properly, the defendant cannot be convicted of the crime, leading to all the charges being dropped.

How Prosecutors Prove You Were Under the Influence

To secure a section 11550 conviction, the prosecution must establish beyond a reasonable doubt:

The alleged perpetrator(s) willfully ingest a controlled substance or administer controlled substances within a time frame that still causes impairment.
That the substance was one listed in the California Health and Safety Code schedules.
That your physical or mental state showed you were currently affected (a “finding of current use”).
No legitimate medical or legal exemption—except when administered by EMTs or with a doctor’s order.

Courts have held that use of a controlled substance “within forty-eight hours” or even five days prior to arrest may be enough to support a conviction if other evidence shows present impairment. That nuance gives the legal defense room to attack the timeline, the testing, and any statement you made before Miranda warnings.

First-time offenders
A first misdemeanor offense under safety code 11550 HS generally carries 90 days to one year in county jail, though many judges prefer a drug diversion program—PC 1000, Prop 36, or structured drug counseling.

Repeat violations
A second conviction within seven years removes the 90-day suspension option; you face the full 12-month sentence, higher fines, and tighter probation terms. Three or more priors, guns, minors, or gang enhancements can turn the case into a felony wobbler, punishable by up to 16 months in state prison.

Legal Penalties Under California Health & Safety Code 11550 HS

California lawmakers balanced penalties with rehabilitation. Below is what the code section allows and how we often soften it.

1st misdemeanor violation

Statutory penalty: 90 days – 1 year jail + $1,000 fine
Practical defense approach: Petition drug diversion (PC 1000) or Prop 36. Show treatment plan; secure release with no actual custody.

2nd violation

Statutory penalty: Same jail range, mandatory minimum 90 days served
Practical defense approach: Present verified in-patient rehab; seek split sentence (jail + residential program).

Aggravated felony wobbler

Statutory penalty: 16 mos state prison, $10k fine
Practical defense approach: Attack probable cause, argue lesser included drug offenses, negotiate intensive rehab + strict probation.

“Excuses” that the law recognizes:

Not consumed – The powder belonged to a roommate; the lab couldn’t prove ingestion.
False test result – Lab cross-reacted with over-the-counter meds; we subpoenaed calibration logs.
Valid prescription – You hold a doctor’s order for opiates or stimulants and took them as directed.

Because HS 11550 demands use, not mere possession, proving the substance was planted, or you never consumed it, can beat the charge entirely.

What Are the Best Legal Defenses?

Effective defense strategies blend science, constitutional law, and human context.

No Present Use – A positive urine screen alone can’t prove impairment now; many narcotics linger for days. We cite People v. Torres to show the prosecutor must link use to a visible effect.
Unlawful Search and Seizure – Police need a warrant or a clear exception before drawing blood, rifling a console, or extending a traffic stop. Skip those steps, and the case can collapse under the Fourth Amendment.
Valid Prescription – Taking morphine under a physician’s care is legal. Produce pharmacy logs; the prosecution often dismisses.
Involuntary Intoxication – Someone spiked your drink, or EMTs injected ketamine. CCTV and EMS charts prove you did not willfully use a controlled substance.
Insufficient DRE Foundation – A DRE must complete a 12-step protocol; miss one step, and the opinion is unreliable. We subpoena certification records; gaps create reasonable doubt.

A single well-drafted motion can replace a year in jail with supervised drug rehabilitation—or an outright dismissal.

Turn to Our Team for Drug Crimes Defense

An 11550 arrest can flip your life: employer suspensions, license revocations, and court dates pile up fast. At My Rights Law, we defend people, never judge them.

Rapid response – We contact the jail, verify bail, and push for release before arraignment.
Evidence preservation – Body-cam footage fades; we serve preservation letters on day one.
Holistic strategy – We partner with addiction counselors so judges see the person, not just the paper.
Local insight – From Los Angeles to Riverside, Orange County, Santa Ana, and beyond, we know every DA’s stance on drug crime diversion.
Transparent billing – Flat-fee quotes with payment plans; no surprise invoices.

You don’t have to navigate safety code charges alone. Call (888) 702-8845 for a free, confidential consult, or use our encrypted web form any hour, any day. Bring your citation, your drug test report, or just your worries. We’ll explain California law, outline your legal defense, and fight to keep your future intact. A single arrest shouldn’t define your life. Let’s build a defense that restores hope and delivers results.