The statute of limitations for drug possession in California can vary based on the severity of the charge. The state uses a one-year statute for many misdemeanor drug possession charges. Felony drug possession generally has a three-year statute of limitations.
A Los Angeles drug possession defense lawyer can provide more specific information about the laws that apply to different charges. An attorney can also assist with building a defense after an arrest for drug possession.
California’s Statute of Limitations for Misdemeanor Drug Possession
In the legal system, the statute of limitations controls how long the prosecution can wait to file charges against a defendant. In most cases involving misdemeanor charges for drug possession, the prosecution has one year to bring charges.
For example, suppose that the police arrested someone on suspicion of drug possession in January 2025. If the prosecution then fails to make a decision about filing charges until February 2026, they will have run out of time. In this case, the prosecution cannot file charges for drug possession.
Generally, California prosecutes misdemeanor drug possession charges under California Health and Safety Code Section 11350(a) HS: Possession of a Controlled Substance.
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California’s Statute of Limitations for Felony Drug Possession
California extends the statute of limitations for felony charges for drug possession. The prosecution generally has up to three years to file felony charges through the legal system.
Let’s say the police from the example above arrested the same person in January 2025, but they believe this person committed a felony-level offense. In that situation, the prosecution has until January 2028 to bring charges against the defendant.
Keep in mind that most drug possession charges in California qualify as misdemeanors. However, individuals can face felony charges if they have previous convictions on their record or if they face allegations of possession for sale.
Factors That Can Extend the Statute of Limitations
Some circumstances can pause or “toll” the statute of limitations for drug possession in California. These situations can give the prosecution more time to file charges for drug possession. The following situations may extend the statute of limitations:
Delayed Discovery of a Crime
In some cases, law enforcement may not immediately discover an alleged crime. In this situation, the statute of limitations will only begin counting down after the discovery of the alleged offense.
Legitimate Reasons for the Delay
The prosecution may claim that it has a legitimate reason for the delay in some cases. However, the court strictly limits the allowable reasons for a delay. If you believe that the prosecution has delayed your case without good reason, you should inform your lawyer of your suspicions.
The Absence of the Defendant
In some cases, an individual will leave the state while the prosecution considers whether or not to file charges. The court will pause the statute of limitations until the police locate the individual or they return on their own.
A Los Angeles drug crimes lawyer can provide more information about these potential pauses for California’s drug possession statute of limitations.
What to Do After an Arrest for Drug Possession
You do not have to wait for the prosecution to file charges against you after the police accuse you of drug possession or possession for sale. Instead, you can take direct action to prepare for these potential charges.
Generally, you need to reach out to a criminal defense lawyer for professional help after any arrest. An attorney can:
- Explain the steps you need to take.
- Answer any questions you have.
- Protect your rights.
- Begin working on a defense.
If the prosecution moves forward with drug possession allegations, your attorney can develop a personalized defense strategy to help you resolve the accusations you’re dealing with. In many situations, lawyers can:
Get Drug Possession Charges Dropped
The court could drop any charges for drug possession if the prosecution doesn’t have evidence to establish that a crime occurred. Additionally, any violations of your Constitutional rights could result in the court dismissing the charges.
Get Drug Possession Charges Reduced
In some cases, the prosecution will agree to reduce the penalties you face after an arrest if you agree to accept less severe charges. An attorney can discuss this option with you following a drug possession accusation.
Fight the Charges in Court
Finally, an attorney can aggressively fight drug possession charges in the court system, potentially securing a favorable verdict.
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Learn More About the Drug Possession Statute of Limitations in California
Being charged with possession can be a confusing and overwhelming experience. If you have further questions about the statute of limitations for drug possession in California, reach out to our team at Simmrin Law Group. We can provide detailed information about your unique concerns and help you build a defense to these charges.
We have decades of legal experience and take our clients seriously. Find out more with a risk-free initial consultation.
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