How Long Can You Go to Jail for Possession of Drugs in California?
If you’re convicted of a first-time misdemeanor for the possession of drugs, you’re subject to a sentence of one year’s jail time and up to a $1,000 fine.
How long you remain incarcerated depends on the severity of the charge and on the factors surrounding your case.
Factors that Influence How You’re Charged for Drug Possession
Factors that the court considers in a drug possession case include the following:
- Were you charged with simple possession? This means you had a drug on your person for your own use and only in a small amount. You did not intend to sell it or to give it to someone else.
- Were you charged with possession with the intent to sell? This charge is weighty and can lead to a felony conviction. Also known as drug trafficking, this crime can affect, in some cases, an offender’s immigration status, which could lead to deportation.
- What type of drug was involved? Illegal drugs fall under different schedules of narcotics – from Schedule I to Schedule V, with Schedule I considered the most dangerous. Schedules are based on the risk of addiction and the drug’s feasibility for use medically.*
*So, if you’re caught with a Schedule I drug like LSD, heroin, or marijuana in your possession, you may likely face a stiffer charge than if you have a sedative or tranquilizer (Schedule IV drug) on you.
Other considerations include the following:
- How much of the drug did you possess?
- Why were you in possession of the drug?
- What is your previous criminal history?
A qualified drug possession attorney will help you defend your charge successfully, as they will also consider the above factors of your case. They will also review your arrest and see if anyone breached your rights constitutionally. With a good defense lawyer on your side, you can defend your charge and realize a better outcome.
So, what counts as possession of a controlled substance in California?
Drug Possession in California: The Two Key Elements
You’re considered in possession of a controlled substance in California if one of the two following factors apply:
- You have the drug in your person or in your pocket (on your person).
- The drug is in your control (in your locker, in your home, or in your car).
When You Can and CanNot Get Charged for Possession
You cannot get charged for possession if you’ve been prescribed the drug.
You cannot get charged for possession of marijuana either if you’re following the rules set out by the state’s marijuana act for adults.
For instance, if you grow and cultivate more than six marijuana plants in your home, that’s illegal. Doing so will lead to a charge of marijuana cultivation.
However, according to California’s Adult Marijuana Act, you can use marijuana for personal use, provided you only possess up to 28.5 grams (about an ounce) or up to 8 grams of concentrated marijuana (such as a hash). You must be 21 years old to use the substance.
It’s illegal to smoke marijuana in your car, in a public place not designated for smoking marijuana, or anywhere where smoking tobacco is prohibited.
What the Prosecution Must Show for You to Get Charged with Drug Possession
The prosecution must show that you were aware you had the drug in your possession and that you knew, or that it was reasonable to assume that you knew the drug was illegal.
Drug Possession Defense Strategies
Generally, possessing a drug is less serious than other drug crimes, such as selling and trafficking. Your attorney can reduce your charge if they can show that you did not intend to sell, traffic the illegal substance, or give it away.
They may also prove your innocence if they can show that you did not know the drug was in your possession.
Specific Examples
For example, they may defend you in the following ways:
- You were unaware that you had the substance because the drug was left in your car by a passenger or found in your home after a visitor left it there.
- You did not know what the substance was (for instance, a friend asked for you to hold a package for them and did not tell you about the contents).
- The drugs were found near you – not on your person.
- You had a verifiable prescription for the drug.
- There was a glitch in the lab analysis.
- You were unlawfully searched when the drugs were seized.
Therefore, it’s highly important to rely on a drug crimes defense lawyer to handle your case. That way you have the best chance of getting your charge dismissed or reduced.
Jail Time for Drug Possession in California
Proposition 47 in California has revamped the law for sentencing defendants for crimes like drug possession and theft. The illegal possession of certain drugs will lead to a misdemeanor charge, or up to a year in a country jail and a fine of up to $1,000.
Therefore, some convictions, which once led to felony charges, are now considered misdemeanor offenses.
According to Proposition 47, the following drugs, if found in your possession, may lead to a misdemeanor charge for drug possession.
- Anti-anxiety drugs, such as benzodiazepines like Valium, Xanax, and Librium.
- Stimulants, such as methamphetamine, amphetamines, cocaine, or MDMA.
- Hallucinogens such as psilocybin (mushrooms), LSD, and ketamine
- Opiates like heroin, oxycodone, and Vicodin.
- Steroids like testosterone.
Many of the above drugs are available per a doctor’s prescription.
You’ll serve a longer jail time if you’ve had a prior drug conviction or you used a firearm while in possession of a drug. These types of factors ramp up a drug charge to a felony.
Contact a Drug Crimes Defense Attorney Now
If you’ve been charged with drug possession, you need to contact a drug crimes defense attorney about your case. In California, contact Jance M. Weberman today.