� CONTAINED IN SCHEDULES IN THE HEALTH AND SAFETY CODE
� SCHEDULE I DRUGS SUPPOSEDLY HAVE THE HIGHEST POTENTIAL FOR ABUSE
� SCHEDULES LIST DRUGS BY THEIR CHEMICAL NAMES ONLY
� WITHOUT A DEGREE IN CHEMISTRY, IT IS DIFFICULT TO DETERMINE WHAT DRUGS ARE ACTUALLY LISTED IN WHAT SCHEDULES
POSSESSION CRIMES
� IN ACTUAL POSSESSION � SOMETHING ACTUALLY ON YOU IN SOME WAY
� IN CONSTRUCTIVE POSSESSION � YOU HAD DIRECT OR INDIRECT RIGHT OF CONTROL
� EITHER SUFFICIENT FOR PROSECUTION
� KNOWLEDGE MUST BE PROVEN...
� KNOWLEDGE OF THE NATURE OF THE SUBSTANCE
� KNOWLEDGE IT WAS THERE
� KNOWLEDGE INCLUDES �SHOULD HAVE KNOWN�
� MUST BE A USEABLE AMOUNT
POSSESSION PENALTIES
� POSSESSION OF ANY USEABLE AMOUNT...
� OF ANY DRUG...
� IN ANY SCHEDULE (EXCEPT MARIJUANA) ...
� IS A WOBBLER OR FELONY
POSSESSION FOR SALE
ALWAYS A FELONY (INCL. MARIJUANA)
� MUST PROVE:
� ALL ELEMENTS OF POSSESSION...
� AND SUFFICIENT QUANTITY FOR SALE...
� AND SPECIFIC INTENT TO SELL
PRESCRIBED DRUGS
� SOME DRUGS CANNOT BE PRESCRIBED...
� HEROIN, COCAINE AND PEYOTE HAVE NO PROVEN MEDICINAL USES
� SEPARATE MISDEMEANOR IF PRESCRIBED DRUG NOT IN PHARMACY CONTAINER
MARIJUANA
� NOT A VIOLATION OF STATE LAW TO POSSESS MARIJUANA IF RECOMMENDED BY A PHYSICIAN
� STILL A VIOLATION OF FEDERAL LAW
� POSSESSION OF LESS THAN AN OUNCE (28.5 GRAMS) (W/OUT DOCTOR�S RECOMMENDATION)...
� MUST CITE, MAY NOT ARREST
� POSSESSION OF MORE THAN AN OUNCE, AN ARRESTABLE MISDEMEANOR
� CULTIVATION AND TRANSPORTATION OF MARIJUANA, FELONIES (W/OUT DR. RECOMMENDATION)
SELLING FAKE DRUGS
� A WOBBLER TO SELL ANY SUBSTANCE...
� LEADING BUYER TO BELIEVE THE SUBSTANCE IS CONTROLLED
BEING IN A PLACE WHERE DRUGS ARE BEING USED
� A MISDEMEANOR JUST TO BE THERE
� INCLUDES �SHOULD HAVE KNOWN� DRUGS BEING USED
� INCLUDES EVERY DRUG EXCEPT MARIJUANA
UNDER THE INFLUENCE
� NOT �DRUNK,� BUT �ANY APPRECIABLE EFFECT�
� UNDER INFLUENCE OF CONTROLLED SUBSTANCE, A MISDEMEANOR
MISDEMEANOR DUI
� DRIVING UNDER INFLUENCE OF ANY DRUG OR ALCOHOL OR BOTH (INCL. PRESCRIBED DRUGS) OR ...
� DRIVING WITH BLOOD/ALCOHOL CONTENT OF .08% OR MORE, OR ...
� DRIVING COMMERCIAL VEHICLE W/ .04 BAC
FELONY DUI
� DUI (LESSER/INCLUDED OFFENSE) AND ...
� DOING PROHIBITED ACT OR FAILING TO DO REQUIRED ACT, AND ...
� CAUSING INJURY (OTHER THAN TO SELF)
DUI WITH PRIOR CONVICTIONS
� 3 OR MORE PREVIOUS DUI CONVICTIONS WITHIN 7 YEARS, A MISD. DUI BECOMES A FELONY
� INCLUDES �WET RECKLESS�
� SAME FOR PRIOR FELONY DUI OR VEHICULAR MANSLAUGHTER WITHIN 10 YRS.