Criminal Defense of Immigrants

There is no federal offense of being under the influence of a controlled substance.  There are, however, various state statutes that punish being under the influence and similar offenses.  For example, California law punishes:

(1)                 Being under the influence of a controlled substance (Cal. Health & Saf. Code §   11550(a));

(2)                 Being present in a place where drugs are used or sold (Cal. Health & Safety Code § 11365);

(3)                 Driving under the influence of a controlled substance (Cal. Veh. Code §   23152(a));

(4)                 Public controlled-substance intoxication (Cal. Penal Code § 647(f) (drugs));

Although still a controlled substances offense, being under the influence is a relatively safe alternative to other controlled substances offenses.