Drug Possession / Use

Like all States and the federal government, California makes it illegal to use, possess, sell and transport drugs classified as controlled substances.

Whether it be for fun or profit, it is illegal under California law to use, possess, possess with the intent to sell, transport, or even give away marijuana, methamphetamine, cocaine, heroin, various kinds of hallucinogenic and various “club” drugs such as LSD and ecstasy among others.  How serious a particular drug case is depends upon the amount possessed, the type of drug possessed, and the reason for the possession.  If you simply possessed a small of drugs for personal use, you will most likely be treated lightly.  If, on the other hand, you were involved in a group who manufactured or distributed pounds of a dangerous drug like methamphetamine or cocaine, you could be treated very harshly.  The least serious offenses are for being under the influence and for possession of small quantities of drugs. For simple possession crimes, first time offenders generally pay a fine, perform public work service, attend Narcotics Anonymous (NA) meetings, and are placed informal probation for a period of three years. For ‘under the influence’ crimes, first time offenders face a mandatory minimum of ninety days in jail, work furlough, or possibly residential drug rehabilitation as well as fines, public work service, and NA (Narcotics Anonymous) meetings.

However, first time offenders for both possession and ‘under the influence’ crimes can participate in a drug diversion program in which the offender pleads guilty to possession or ‘under the influence’ of drugs and participates in a three month drug education program. If the offender successfully completes the diversion classes and does not violate any other laws in an eighteen month period following the initial guilty plea, he or she will be entitled to have the charges dismissed and any arrest record erased.

Under a new law called Proposition 36, even if you are on probation or parole for a non-violent felony offense, you may still qualify for probation in your present case if your present case involves a simple possession or transportation crime. Proposition 36 is an attempt to recognize drug offenders as needing help rather than punishment. It is a complicated law, but if you can fit within it you will have the chance to get help for your problem rather than getting time in custody.  For further information about Proposition 36 and drug court see the Superior Court’s website.  (http://www.sandiego.courts.ca.gov/superior/courts/drug.html)

First-time offenders facing prosecution for possession for sale, and transportation of controlled substance crimes are facing more serious consequences than first time offenders for simple possession and ‘under the influence’ crimes.  Possession of large quantities of marijuana, methamphetamine, cocaine, and other illegal drugs are almost always charged with intent to sell allegations.  Unfortunately, these felony crimes cannot be reduced to a misdemeanor.  Further, first time offenders are ineligible for drug diversion and will very likely serve a substantial sentence in county jail, county work furlough program, or in more severe cases, state prison.

Repeat offenders are looking at lengthy state prison sentences without skillful legal representation.  Prosecutions for transportation of a large quantity of illegal drugs, or for direct sales of drugs, are just as serious as prosecutions for possession for intent to sell crimes.  Even first-time offenders of these crimes are likely to receive state prison sentences for large quantity drug crimes without skillful legal representation.  A skilled lawyer should be able to review your case and the discovery and determine rather quickly how you should approach handling the case.  In some cases, the prosecution’s case may be flawed by weak/circumstantial evidence or even a potential illegal search issue.  When this happens, a strong attorney will be able to use this potential flaw as leverage in getting you a much better deal that involves a much lower sentence.