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.

The post How Long Can You Go to Jail for Possession of Drugs in California? appeared first on Jance Weberman | Winning Los Angeles Lawyer.

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.