Drug possession is usually charged as a misdemeanor in California, but it can be a felony in some cases. It depends on the type of drug, the amount, and your criminal history. Drug laws in California are strict, and what happens next can change your future.
If you were arrested on a drug possession charge, you do not have to face this alone. Our Los Angeles criminal defense lawyer can help explain your options, protect your rights, and build a strong defense for your case.
These cases can be complicated, involving searches, police reports, lab tests, and past records. An experienced lawyer can collect all the important evidence and fight for the best outcome for you.
When Is Drug Possession a Misdemeanor in California?
In California, drug possession means you had a controlled substance without a legal prescription. Controlled substances include illegal drugs like cocaine or heroin, and even prescription medications like oxycodone if you don’t have a prescription.
In most cases, simple possession is a misdemeanor under California Health and Safety Code § 11350. This applies when:
- You had a small amount of drugs for personal use.
- You had certain controlled substances, like cocaine, heroin, LSD (lysergic acid diethylamide), or prescription drugs without a prescription.
- You do not have a serious or violent criminal record.
The penalties for misdemeanor drug possession may include:
- Spending up to one year in a county jail.
- Paying fines of up to $1,000.
- Completing probation and drug counseling.
California also offers drug diversion programs like PC 1000 and Prop 36. These programs can help you avoid jail time if you complete treatment.
While many possession cases are misdemeanors, some situations are much more serious. Here’s when drug possession can become a felony in California.
When Is Drug Possession a Felony in California?
Drug possession can be charged as a felony if:
- You have certain serious or violent prior convictions (like murder, sex crimes, or gun offenses).
- You were found with a very large amount of drugs (even for personal use).
- You had drugs while possessing a loaded firearm.
- You had drugs with the intent to sell them (even if there is no sale yet).
Felony penalties can include:
- Sixteen months, two years, or three years in state prison
- Larger fines
- A permanent felony record
It is very important to have an experienced lawyer if you are facing felony drug charges. A felony conviction affects your rights, including your ability to vote, own a gun, and find a job.
What About Marijuana Possession in California?
Since Proposition 64 passed, marijuana possession rules are different from other drug laws in California. Consider the following:
- Adults age 21 and older can have up to 28.5 grams of marijuana and 8 grams of concentrated cannabis.
- Having more than that can lead to a misdemeanor charge.
- If you are under 21 years old, possession can lead to fines, mandatory education programs, or community service.
Selling marijuana without a license is still a felony under California law.
Other Important Things to Know About Drug Possession Charges
Here are a few more facts that can affect your case:
- Possession for sale: If the police think you had drugs to sell (for example, based on packaging, scales, or large amounts of cash), you can be charged with a felony even if you did not sell anything yet.
- Possession of certain drugs: Having methamphetamine, GHB (gamma hydroxybutyrate), or PCP (phencyclidine) can sometimes be charged differently and carry harsher penalties.
- Search and seizure rules: If police did not follow the law when searching you or your property, our drug crimes criminal defense attorney can challenge the evidence.
- Immigration consequences: A drug possession conviction can affect your immigration status if you are not a U.S. citizen. Our immigration law violations lawyer in Los Angeles can advise you further on your situation.
If you’ve been charged with drug possession, taking the right steps right away can make a big difference.
What Should You Do if You Are Charged With Drug Possession?
If you are facing a drug possession charge:
- Stay calm and do not argue with the police.
- Do not admit anything or try to explain yourself.
- Ask for a criminal defense lawyer right away.
- Do not talk to police or prosecutors without your lawyer present.
- Keep records of anything that happened during your arrest.
Getting a strong legal defense early is one of the most important things you can do to protect your future. Because drug charges are serious, it is important to have an experienced drug crimes lawyer handle your case.
No matter what charges you face, having the right legal defense can change the course of your case. Our team is ready to help.
Can Drug Possession Charges Be Dropped in California?
In some cases, drug possession charges can be dropped or reduced in California. Whether that happens depends on the facts of your case and how strong your defense is. Common reasons charges might be dismissed include:
Illegal search and seizure: If police broke the law while searching you or your property, the evidence they found could be thrown out.
- Lack of evidence: The prosecution must prove beyond a reasonable doubt that you knowingly possessed the drug.
- Diversion programs: First-time offenders may qualify for drug treatment programs instead of jail time. If you complete the program, your charges could be dismissed.
- Mistaken identity or wrongful arrest: Sometimes, people are wrongly accused of having drugs that belonged to someone else.
Our Los Angeles criminal defense lawyer can review the details of your arrest and fight to have the charges reduced or dropped whenever possible.
Can You Expunge a Drug Possession Conviction in California?
If you were convicted of drug possession, you may be able to expunge your record. Expungement means the court dismisses the conviction, and you can legally say you were not convicted in most situations.
You may qualify for expungement if:
- You completed probation.
- You did not serve time in state prison for the offense.
- You are not currently charged with another crime.
Expungement can help you move forward with your life by improving your chances of getting a job, housing, or professional licenses. Our experienced lawyer can guide you through the expungement process and help you clear your record.
Fighting a Felony or Misdemeanor Drug Possession Charge in California? Call Us
If you are facing charges and want to know if drug possession is a felony or misdemeanor in California, Simmrin Law Group can answer your questions and handle your legal matter. Our criminal defense attorneys have decades of experience handling drug possession cases.
At our firm, we do all the research, collect important evidence like videos, police reports, and texts, and make sure nothing is missed. We are not afraid to take cases to trial, and we have handled over 100 jury trials, including the toughest cases like capital murder.
We are ready to fight for you in any court in California and even in federal court, if needed. With 20 years of service to thousands of clients, we know how to build a strong defense and protect your rights. Call for a free consultation today to talk about your case and find out how we can help.