Drug and Criminal Defense in San Diego
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San Diego Drug Possession Attorney:  HS 11350

Unlawful Possession of Heroin, Methamphetamine, Cocaine, and many prescription drugs such as OxyContin, Oxycodone, Fentanyl, Percocet, Vicodin, and Xanax are very serious charges in San Diego County. If someone is convicted of unlawful possession, he or she may face up to one year in county jail, in addition to fines and probation.

The San Diego District Attorney must establish the following to convict someone of unlawful possession:

  1. The defendant unlawfully possessed a controlled substance;
  2. The defendant knew of its presence;
  3. The defendant knew of the substances nature as a controlled substance; AND
  4. The controlled substance was in a usable amount.

A usable amount means a quantity that is enough to be used by someone as methamphetamine, heroin, etc. It does not include trace or debris amounts. This is a very important distinction because quite often someone will be arrested and charged with possession, but the amount is so small that it cannot qualify legally as possession.


There are many defenses to unlawful possession. The Fourth Amendment of the US Constitution requires law enforcement to obtain a valid search warrant or have an exception to the search warrant requirement. If law enforcement did not use a warrant and there is no warrant exception, the evidence may be inadmissible in court, which may lead to the case being dismissed.

At Kern Law, APC, we have represented clients for over 15 years who have been charged with unlawful possession. Contact my office today, we will provide a free, confidential consultation.