General Information on Drug Crimes
California state law generally divides drug possession crimes into two categories: simple drug possession and possession with the intent to sell. The "possession for personal use" categorization is further divided between crimes related to possession of controlled substances and those having to do with marijuana. With the passage of CA's Prop 47, many drug possession charges are now only punishable as misdemeanors (meaning a defendant can only serve up to a year in county jail.) Further, possession of not more than 28.5 grams of marijuana or over 8 grams of concentrated cannabis is legal for those over age 21.
When the criminal justice system seeks to establish whether the suspect drugs were possessed for sale, it often looks to circumstantial evidence such as (1) the amount of drugs found, (2) the existence of relevant and packaging and shipping materials nearby, (3) scales being found on site, (4) the existence of weapons present.
Further, a criminal defendant can be subject to additional enhancements if their activities involved (1) selling directly to children, (2) using minors for distribution or trafficking of the drugs, or (3) being near a school or playground.
Of course, we live in an age where pharmaceutical science has demonstrated the benefits to some drugs, so certainly having a valid prescription can be a possible defense to a drug crime. Other possible defenses include identifying (1) an unlawful search which resulted in the ultimate seizure of the drugs, (2) other improper police conduct or (3) a problem with lab analysis.
When the criminal justice system seeks to establish whether the suspect drugs were possessed for sale, it often looks to circumstantial evidence such as (1) the amount of drugs found, (2) the existence of relevant and packaging and shipping materials nearby, (3) scales being found on site, (4) the existence of weapons present.
Further, a criminal defendant can be subject to additional enhancements if their activities involved (1) selling directly to children, (2) using minors for distribution or trafficking of the drugs, or (3) being near a school or playground.
Of course, we live in an age where pharmaceutical science has demonstrated the benefits to some drugs, so certainly having a valid prescription can be a possible defense to a drug crime. Other possible defenses include identifying (1) an unlawful search which resulted in the ultimate seizure of the drugs, (2) other improper police conduct or (3) a problem with lab analysis.
What else you need to know
To read the full Uniform Controlled Substances Act click here.
For the text of the controlled substances-related crimes, see here.
For the text of the marijuana-related crimes, see here.
Devina has written a blog post which you might find interesting:
For the text of the controlled substances-related crimes, see here.
For the text of the marijuana-related crimes, see here.
Devina has written a blog post which you might find interesting:
To schedule a free, no-obligation consultation with Devina Douglas feel free to call her at (707) 408-3529 or get in touch with her online here.
The Law Office of Devina Douglas
700 College Ave.
Santa Rosa, CA 95404
(P) 707.408.3529
(F) 707.948.6097
[email protected]
700 College Ave.
Santa Rosa, CA 95404
(P) 707.408.3529
(F) 707.948.6097
[email protected]
