Legal Question in Criminal Law in California

can a person be charged with hs11550(a) for being under the influence of marijuana


Asked on 11/18/09, 5:25 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

No. Marijuana is a Schedule I (schedule one) controlled substance under Health and Safety Code section 11054, but it is not listed as a substance that is covered under 11550(a) of the Health and Safety code.

If you are under the influence to the point where you cannot care for your own safety or the safety of others, you can be prosecuted under Penal Code 647(f) - public intoxication.

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Answered on 11/23/09, 6:02 pm


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