A Conviction for Drug Possession in California Is Serious

Even after the adoption of Proposition 47 in California, the conviction for drug possession, or a controlled substance, is generally considered a misdemeanor offense – one that carries a sentence of at least one year in county jail. If you’ve had a previous conviction, you’ll normally face a felony charge or a lengthier sentence…

Under Proposition 47, drug offenses for cannabis, classified under sections 11350 and 11357(a), under the Health and Safety code, carry one-year jail sentences. As noted, if you’ve had a prior conviction, the new misdemeanor provision usually does not apply.

Classifications of Controlled Substances

Six schedules of controlled substances are classified for law enforcement purposes. Briefly, they are listed, as follows:

• Schedule 1 drugs include the most addictive substances, such as opiates and cocaine.
• Schedule 2 drugs comprise morphine, opium, and similar narcotics.
• Schedule 3 drugs consist of anabolic steroids and pentobarbital, as well as like substances.
• Schedule 4 drugs include a variety of prescription drugs, such as zolpidem and diazepam.
• Schedule 5 drugs make up prescription drugs that are less controlled, such as low doses of codeine.

The schedule for a drug has to do with its addictiveness and use for medical treatment. Therefore, higher-class drugs, such as Schedule 1, are the most addictive while Schedule 5 drugs may include over-the-counter medicines, and therefore do not pose as great of a threat for addiction or abuse. The criminal code treats drugs, like methadone (meth), as a controlled substance, within the above schedules. It is listed as a scheduled drug for drug enforcement purposes.

According to the Diversion Control Division of the Department of Justice (DOJ), substances under Schedule 1 usually don’t have any use for medical therapy and therefore are deemed highly dangerous.

What the Prosecution Must Show

For a prosecutor to show that you’re guilty of drug possession in California, he or she must prove, beyond a reasonable doubt that:

• You were in possession of a controlled substance;
• You did not have a proper prescription for the drug;
• You knew of the drug’s presence; and
• You possessed a usable amount – not residue.

If the prosecution cannot show any of the above circumstances, the court normally will dismiss the case. 

Drug Possession – Types of Charges

Law enforcement may charge you with possession in one of three ways:

1. Actual Possession of Drugs

This is the charge usually made when a person is charged with drug possession. The drug is physically on his or her person – such as their purse or in their pocket.

2. Constructive Possession of Drugs

This type of charge is less clearly defined. Law enforcement officers may charge you with this offense if the drugs are found somewhere – in close access. Therefore, law enforcement officers may find the drug in your car, a gym locker, or beneath a piece of furniture, such as a sofa cushion.

When this happens, the prosecution must demonstrate that the substance was within your control, or that you could gain access to the drug quickly so you could use it or possess it.

3. Joint Possession of a Controlled Substance

Joint possession of a drug represents an extension of actual and constructive possession. As the name suggests, two people own or possess the substance. This type of possession occurs when the parties have the substance in a shared space. You may also be charged with joint possession if you and the other party pool money to buy the drug. 

The Consequences of a Conviction for Drug Possession in California

With respect to drug possession, Proposition 47 only applies to people who do not have prior convictions for violent crimes or who are not registered as sex offenders. Therefore, you may be charged with a misdemeanor or a felony, depending on your particular case. This means you can spend several years in jail.

After you pay restitution for a drug charge, you may find it hard to get a job, obtain financial aid, or find a place to live. Some offenders lose their parental rights or, if they’re green card holders, may be deported.

1. Difficulties in Getting a Job

Once you’re convicted of drug possession, you may find it difficult to get employed. If you’re required to undergo a background check, that will usually end your ability to get specific employment. You also cannot receive a security clearance if you wish to work for the government.

2. Issues with Finding Housing

Many offenders find it difficult to lease an apartment after they receive a drug conviction. Landlords, who run a background check, may decide against renting to you.

3. Problems with Getting Financial Aid for College

If you’re in college and get charged with drug possession, it may prevent you from getting your degree. That’s because a conviction can cut off financial aid.

4. The Loss of Parental Rights

If you get a drug conviction, it can prevent you from gaining custody if you go through a divorce. In some instances, you might lose custody if you’re the custodial parent. In these instances, courts typically try to get the custodial parent into a treatment program if substance abuse is an issue. In either case, you can lose your parental rights if you abuse and possess illegal substances.

5. Deportation, If You Hold a Green Card or Visa

Maybe you’re living in the U.S. on a visa or green card. If so, your privilege may be revoked if you receive a conviction for possession or drugs. If the conviction is a felony, the U.S. government may revoke your visa and green card and order deportation.

Drug Diversion Programs – How They Work

The idea behind Proposition 47 was to offer treatment for drug offenders instead of prison time. Therefore, you may be eligible, in some cases, to enter a diversion program. If you receive a misdemeanor for a first offense, you typically will qualify.

If you enter a drug diversion program, you’ll plead guilty to a drug possession charge and the sentencing will be delayed while you enter drug treatment. If you meet these requirements, the court will normally dismiss your sentence.

If you want to avoid a conviction for drug possession in California, you need to talk to an attorney who specializes in drug cases. He or she can help you if they can show you had a valid prescription or that you were not aware of the presence of drugs. 

In some cases, they can show the search and seizure for the drugs was illegal or the controlled substance was not yours but belonged to someone else.

Who to Contact in Los Angeles about Your Drug Possession Defense Case

Every legal case involving drug possession is unique. To discuss your case right away, contact Jance M. Weberman to schedule a consultation. Call the legal firm at (213) 386-9100 today.

The post How a Conviction for Drug Possession in California Can Affect You appeared first on Jance Weberman | Winning Los Angeles Lawyer.

Schedules Related to Drug Crime Enforcement

In 1970, the Controlled Substances Act was enacted, classifying narcotic substances into five “schedules.” Narcotics are therefore classified and assessed in great part by the Drug Enforcement Administration (DEA) and the Federal Drug Administration (FDA).

The potential for abuse and medical applications for drugs determine how they are arranged by schedule. The medications with the greatest risks are listed in Schedule I, while those with the least potential for addiction are listed in Schedule V.

Certain designations on the list, particularly marijuana, which is a Schedule I drug, are the subject of some debate. For example, cannabis is classified in a higher schedule than cocaine, despite the feeling by some that it is not as addictive. 

While there have been numerous efforts to have marijuana reclassified from Schedule I, none have been successful even though the drug is widely accepted as a medical or recreational drug in the majority of states.

Nevertheless, the drug is still considered highly addictive by the Drug Enforcement Agency (DEA) and U.S. Food and Drug Administration (FDA). Both agencies concur that that drug has no medical use for treatment.

Schedule I Drugs

Schedule I narcotics include marijuana, heroin, LSD, peyote, and ecstasy. These are not recognized as being medically useful and therefore present a significant potential for misuse.

Schedule II Substances

Drugs under schedule II include cocaine, methamphetamine, oxycodone, Vicodin, and Adderall. Although these substances have a strong potential for abuse, they are viewed as less dangerous than Schedule I substances.

Schedule III Narcotics

Controlled substances under this schedule include anabolic steroids, ketamine, and testosterone. Schedule III medications have certain medical applications but also carry a danger of dependence.

Schedule IV Drugs

The drugs, Ambien, Xanax, Valium, and Ativan are categorized as Schedule IV substances. There is less probability that these medications will be abused.

Schedule V Drugs

Cough suppressants are listed as Schedule V drugs. The majority of the pharmaceuticals under Schedule V are taken as over-the-counter medications and have the lowest risk.

Misdemeanor Drug Charges

Usually, a drug offense is considered a misdemeanor if you’re in possession of a Schedule III or IV substance or you possess 4 ounces or less of marijuana. You may also receive a misdemeanor charge if you’re caught with drug paraphernalia. Misdemeanor drug charges carry, on average, up to one year in jail or a fine of up to $4,000.

You may face a felony charge if you are carrying over a certain amount of a Schedule III or IV substance or are in possession of a group I or II substance. Growing marijuana is also considered a felony as is drug distribution or the intent to distribute drugs.

A felony, if you’re convicted, can lead to the loss of certain rights, such as owning a firearm or, if you have been convicted of drug trafficking, the loss of being able to travel outside the U.S. It’s easy to see how courts make this ruling, as drug traffickers often are involved in transnational shipments.

For example, the DEA reports that cocaine remains a major drug threat in the Caribbean, with transshipment points located between South America and the U.S. The drug is usually delivered to islands through the use of maritime vessels from places such as the Dominican Republic, Venezuela, or Colombia. This type of activity is viewed as a risk to national security.

Crossing the State Line – Why A Drug Crime Turns Into a Federal Offense

Any crime committed over state lines may be prosecuted as a federal offense. Therefore, authorities can charge you with federal drug trafficking if you’re discovered with a controlled substance while traveling intra-state.

The charge you receive for a drug offense depends on the kind of substance involved and whether or not you have a criminal history. If you’re facing a serious charge, you might be facing prison time from five to 40 years. This charge may also include as much as $2,000,000 in fines. 

If you take part in drug trafficking, and it leads to another person getting injured or dying, you could receive a life sentence.

Keep in mind that drug trafficking is far more serious than possessing drugs. If you’re charged with drug possession, law enforcement officials may charge you with trafficking if they believe you intended to sell the drug. Therefore, if you’re found with a large amount of cash or drugs, you may face drug distribution charges.

The FBI reported that almost 4% of homicides in 2007 were narcotics-related. These crimes were committed during drug trafficking or drug manufacturing. That is also why the court system takes a dim view of trafficking. 

Drug Crimes on Public Property

You might be charged with a federal offense if your crime was committed on public property. Public property includes any property in the public domain, or a site used by the public, such as a military installation, a national zoo or aquarium, or a national park.

One of the most common drug activities that take place on public lands is the cultivation and harvesting of marijuana.

The Drug Enforcement Administration or DEA is responsible for upholding the laws that govern banned substances. Therefore, the agency primarily focuses on arresting and prosecuting people who cultivate, manufacture, or distribute illegal substances. They also investigate activities where narcotics are imported from outside the U.S.

Minimum Punishments for Federal Drug Offenses

Mandatory minimum penalties are required for several federal drug offenses. This means that the judge must impose a minimum prison term for a defendant if they are found guilty of a specific drug crime. 

A judge can only impose a sentence with a penalty that is less than the mandatory minimum requirement if a prosecutor specifically requests it.

The obligatory minimum penalty for the majority of federal drug offenses is either five or ten years in prison. If the offender has a prior state or federal drug felony conviction, or if the drug offense they committed caused harm or death, they might be sentenced to at least 20 years for their crime.

Call Jance M. Weberman If You’ve Been Accused of a  Federal Drug Crime

An illegal drug accusation is of the utmost seriousness. Even a non-violent drug offense carries a lengthy prison sentence and high fines. Contact a knowledgeable defense lawyer as soon as you learn that you are under investigation or have been charged. In Los Angeles, call Jance M. Weberman, a Professional Law Corp at (213) 386-9100 ASAP.

The post When Is a Drug Crime Considered a Felony? appeared first on Jance Weberman | Winning Los Angeles Lawyer.