Many variables are involved in determining how long you will go to jail if convicted of possession of drugs in California. In general, first-time misdemeanor drug possession charges are punishable by one year in jail and up to a $1,000 fine.
An experienced Los Angeles criminal defense lawyer can help determine how much time you could be facing if convicted by investigating the details of your case and evaluating all the factors that could affect your sentencing. The team at Simmrin Law Group will work diligently to ensure a favorable outcome and hopefully keep you out of jail altogether.
Factors That Affect the Jail Sentence for a Possession of Drugs Charge in California
The time you spend in jail for possession of drugs in California depends on several factors. Some of the things that most often affect the length of a jail sentence for possession in California include:
- The type of drug involved
- The amount of the drug in your possession
- Whether you are charged with “simple possession”
- Whether you are charged with “possession for sale”
- Why you had possession of the drug
- Whether this is a first offense
- Previous criminal history
- If you have a good Los Angeles drug crimes lawyer
What Counts as Drug Possession in California?
You can be charged with drug possession in California if you have a controlled substance on your person or under your control. On your person means that the drug is found in direct contact with your body or with an item in contact with your body, such as in a pocket or a purse.
Under your control means that the item is found in an area you have control over, such as in your house, car, your desk at work, or your locker at a gym.
You will not be charged with possession if you have a medical prescription for the drug. You also cannot be charged for possession of marijuana in California, so long as you are following the rules laid out in the Adult Use of Marijuana Act. For example, growing more than six marijuana plants for personal use is illegal and can result in a charge for marijuana cultivation.
Elements That Must Be Proven to Convict You of Drug Possession in California
For the courts to charge you with possession of drugs in California, they will have to prove two key elements. The first thing they need to establish is that you were aware that you possessed the drug. The second thing they will need to show is that you knew or reasonably should have known that possession of the drug is illegal.
Typically, simply possessing drugs is much less serious than other drug-related crimes, such as selling drugs. Your drug possession attorney could work to prove either of these points to help establish your innocence in your case.
How a Drug Possession Defense Attorney in California Can Defend You
There are several avenues of defense your lawyer can take if you are charged with drug possession. Some of the arguments most commonly used in these cases include:
- You did not know the drugs were there (as in, a passenger in your car or a guest in your home left them there)
- You did not know what the drugs were (for example, a friend asked you to hold something for them without telling you what it was)
- You did not “possess” the drugs. Being found near them does not count.
- You have a valid prescription for the drug
- There was a problem with the lab analysis
- You were the victim of an unlawful search resulting in the seizure of drugs
Depending upon the specifics of your case, there could be more your legal team can do to defend you and give you the utmost opportunity to walk away from the incident with little to no jail time for drug possession. Other times, a drug crimes lawyer may be able to get your overall sentence reduced.
Drug Possession Jail Time in California
After Proposition 47, drug possession crimes are punished as misdemeanors only, with penalties including up to one year in the county jail and a $1,000 fine. This includes possession of:
- Benzodiazepines: Examples include Xanax, Valium, and Librium. A doctor can prescribe these medications to help patients with disorders like anxiety.
- Stimulants: Examples include amphetamines, methamphetamine, MDMA, Ritalin, Adderall, and cocaine. Some of these are available via prescription to treat disorders such as ADHD.
- Hallucinogens: Examples include mescaline, peyote, psilocybin (mushrooms), LSD, MDMA, and ketamine.
- Opiates: Examples include heroin, codeine, oxycodone, and Vicodin. Some of these are available via prescription, such as oxycodone, as options for pain relief.
- Steroids: An example would be testosterone which is available via a doctor’s prescription.
Jail time for a possession charge can be increased if you are charged with felony drug possession because of a prior conviction or if you possessed a loaded firearm while you had the drug. Possession with intent to sell or federal drug trafficking are much more serious crimes, and a conviction can result in serious time behind bars in state or federal prison.
California’s Drug Diversion Program
California is one of the leading states in taking a different approach to the way drug crimes are handled, with an aim at treatment rather than punishment in many cases. The state has taken an approach that seeks to end drug use through things like drug diversion programs, which may be an alternative to serving jail time for some drug possession offenders.
If you are facing drug charges in California, in some cases, you could qualify for a “drug diversion” program where you go into treatment rather than jail. In a drug diversion program, your charges will be dismissed upon completion of your treatment. You may be eligible for the drug diversion program if:
- This is your first offense
- You are a non-violent offender
- You are not charged with any serious drug crime, such as possession for sale
Your drug crimes attorney can help you determine if you would be a good candidate for drug diversion. However, ultimately, the prosecutor in your case is the one who would recommend you for the drug diversion program. If you qualify for the drug diversion program, there are a few things you should be aware of:
- The court must approve where you get treatment
- The drug diversion program could last 12 months or more
- You will be required to submit to drug testing while you are in the program
- You will also be responsible for paying for a portion of the costs of the drug treatment program, as determined by the court
Charges for Different Drug Classifications Affect Jail Time
California and the federal government use a classification method for controlled substances known as drug scheduling, which, in theory, is based on how dangerous the specific drugs can potentially be. All these substances cannot be possessed by any individual unless they have a valid medical prescription.
- Schedule I drugs are considered to be the most dangerous. Classification in this category is made primarily based on the high risk of addiction for these drugs that have no practical medical use. The inclusion of marijuana as a Schedule I drug is controversial due to its many medical uses. Also included in this category are LSD, heroin, and mescaline.
- Schedule II substances can cause dependency but, in some cases, serve legitimate medical uses. Cocaine, opium, methadone, and methamphetamines belong in this category.
- Schedule III narcotics pose a moderate risk for addiction. Examples include ketamine, testosterone, and anabolic steroids.
- Schedule IV drugs include sedatives, clonazepam, and tranquilizers. They are known to carry only a slight risk for dependency and serve critical medical needs.
- Schedule V drugs have clear medical uses and pose little or no risk of dependency. An example would be codeine-laced Tylenol.
Common Drugs in the State of California
Many drugs and substances are made available to people through illegal means. While there are a wide variety of substances that can be abused, some of the most commonly misused drugs in the State of California include the following:
- Cocaine: Which is a highly addictive stimulant.
- Heroin: Which is an opioid that provides elements like pain relief and drowsiness.
- Methamphetamine: Which is also a stimulant that provides users with a “high.”
Illegal drugs are not the only ones that can be abused. Many prescription drugs are highly addictive and, despite the fact that they can be obtained legally under certain circumstances, are often distributed illegally.
Some of the most commonly abused prescription drugs in the nation are the various opioid painkillers.
Different Drug Offenses and Their Jail Consequences in California
In California, a judge always has three options when deciding a sentence. First, the law outlines the standard option. The other two options are an increase or decrease in sentencing, typically used in situations with extenuating circumstances.
In cases of possession of a Schedule I depressant, a one-year jail sentence may generally be imposed. However, in many circumstances, the possession of marijuana is legal in California.
Possession of more than 28.5 grams of marijuana is always unlawful, and the maximum jail sentence is six months.
Intent to Sell
An intent to sell a controlled substance charge carries higher penalties than a possession charge. For example, all incarceration penalties for marijuana possession are less than 12 months.
However, if you are found guilty of intent to sell marijuana, regardless of the amount, you could serve a longer jail sentence, particularly if you are caught selling to a minor, anywhere from 16 months to three years. Sometimes, you may still face possession charges, even if your attorney proves you do not intend to sell.
Drug Dealing
Depending upon the number of drugs you were trying to sell and other factors, the amount of jail time you would receive for drug dealing can fluctuate. For example, past criminal records, the drugs you were dealing with, and the amount can all affect your sentence. A drug sale charge can result in a penalty of five years in a California state prison.
An experienced Los Angeles drug possession for sale lawyer can help you understand the consequences that could accompany a conviction and help you fight a charge and negotiate for a favorable plea deal if that is your best option for a positive outcome.
Your Rights if You Are Accused of Drug Possession
Any time you are accused of a crime, including drug possession, you have certain rights that United States law protects. For example, the state needs to inform you of the crimes you are accused of committing, and you do not have to incriminate yourself. You also have the right to an attorney who will represent you in your case.
A criminal defense lawyer specializing in drug-related crimes can help you with your defense and what you say to the police during questioning. It is best to proceed cautiously and remain silent until you have an attorney present.
Discuss Your Charges With a Drug Possession Attorney Today
If you have been arrested for drug possession, hiring an experienced lawyer is your best chance at avoiding a criminal conviction. Whether you have been accused of possession, trafficking, or another illegal controlled substance offense, you can be confident that the Los Angeles criminal defense lawyers at Simmrin Law Group will vigorously defend you every step of the way.
Because of our years of experience with the California criminal justice system, we can focus on the critical points of your case and properly defend you. Our experienced team is available to take your call 24/7 for a free consultation. Contact us today by giving us a call or completing the contact form on this website to speak with an experienced member of our legal team today.