Isabella Carter
California has strict laws regulating the possession, use, and distribution of drugs, with possession of a controlled substance considered a serious offence. The state categorises controlled substances into five drug schedules, ranging from Schedule I, which includes drugs with a high probability of addiction and a greater risk of harm, to Schedule V, which includes drugs with the least addictive qualities and the lowest risk of harm. Possession of a controlled substance is generally illegal in California, but there are exceptions and potential defences that an experienced criminal defence attorney can explore.
| Characteristics | Values |
|---|---|
| Type of crime | Misdemeanor or felony |
| Type of drug | Illegal or prescription |
| Possession type | Actual, constructive, or joint |
| Drug classification | Schedule I-V |
| Drug knowledge | Defendant must know they possess a controlled substance |
| Prescription | Defendant must have a valid prescription |
| Drug quantity | Affects severity of punishment |
| Criminal history | Affects severity of punishment |
| Intent to sell | Affects severity of punishment |
| Location | Affects severity of punishment |
| Aggravating circumstances | Affects severity of punishment |
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What You'll Learn
Possession of a controlled substance
The penalties for drug possession in California depend on several factors, including the type and quantity of the drug, the defendant's criminal history, and their intentions with the substance. Possession of a controlled substance can be prosecuted as either a misdemeanour or a felony. Misdemeanours are punishable by up to a year in county jail, fines, probation, and mandatory drug counselling. Felonies, on the other hand, carry more severe consequences, including imprisonment, substantial fines, loss of professional licenses, and a permanent criminal record.
Actual possession refers to when the drug is physically on a person, such as in their pocket. However, possession charges can also be applied in cases of constructive possession, where the drug is easily accessible, such as in a person's car or residence. Joint possession is an extension of this, where two people have ownership of the drug, usually when it is found in a shared space.
Proposition 47, passed in 2014, changed the sentencing structure for drug possession offences, making many punishable only as misdemeanours. This proposition encourages treatment over prison for drug crimes, allowing offenders to enter diversion programs and avoid traditional criminal prosecution. However, certain circumstances can elevate the offence to a felony, including possessing drugs for sale, large quantities, or near designated areas like schools.
It is important to note that there are exceptions and defences to drug possession charges. For example, lawful possession of a controlled substance with a valid prescription or for medical purposes under California's Compassionate Use Act may be applicable. Additionally, individuals facing charges may be eligible for drug diversion programs, which can result in reduced penalties or dismissed charges upon successful completion.
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Prescription drugs without a prescription
In California, it is illegal to possess prescription drugs without a valid prescription. Prescription medications like codeine, fentanyl, Adderall, oxycodone, hydrocodone, and Vicodin are classified as "controlled substances" by the federal government and are regulated by California state law. If you are caught without a prescription for any of these drugs, you can be charged with unlawful possession of a controlled substance, which is typically a misdemeanour. The punishment for this misdemeanour can be up to a year in county jail and a fine of up to $1,000. However, in certain cases, unlawful possession of prescription drugs can be prosecuted as a felony, which carries a more severe sentence of up to 16 months to three years in county jail.
To be convicted of unlawful possession of prescription drugs in California, prosecutors must prove beyond a reasonable doubt that the defendant:
- Unlawfully possessed a controlled substance.
- Knew of its presence.
- Knew of the substance's nature as a controlled substance.
- The controlled substance was in a usable amount.
- Had actual, constructive, or joint possession of the drug.
Actual possession refers to the drug being physically on the defendant's person, while constructive possession means having control or access to the drug without it being directly on their person. Joint possession refers to drugs found in an environment controlled by multiple people.
If you are facing charges for possession of prescription drugs without a prescription in California, it is crucial to consult with an experienced criminal defence attorney. They can review the facts and evidence to determine the best defence strategy and help minimise the potential consequences. Some common defence strategies include arguing that you had a valid prescription, lacked knowledge of the drug's presence, or were unaware of the controlled status of the substance. Additionally, if your rights were violated during the search and seizure, your attorney may be able to get the evidence suppressed or dismissed.
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Possession with intent to sell
In California, drug possession charges vary based on the type and quantity of the drug involved, as well as any prior convictions. Drug possession can be "actual" or "constructive". Actual possession means the drugs were found directly on the person, in their clothing, purse, or belongings under their control. Constructive possession applies when the drugs are found in a location the individual has control over, such as their home, car, or workspace. Joint possession occurs when a drug is found in a shared space, and both parties have constructive possession.
In California, possession of marijuana for personal use has been legalized for adults aged 21 and over, with a limit of 28.5 grams of cannabis and 8 grams of concentrated cannabis. However, possession with intent to sell marijuana is still considered a crime. If the individual has prior convictions for similar crimes, sells to a minor, or has a prior conviction for a serious felony, the offense can be upgraded to a felony.
The severity of drug possession charges can also be influenced by additional factors such as the location of the offense. For example, possessing drugs within 1,000 feet of a school or playground can increase the charges from misdemeanors to felonies. Other aggravating circumstances, such as violence or possession of a weapon, can also enhance the severity of the charges.
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Joint possession
In California, drug possession is generally illegal, but there are exceptions and potential defences that an experienced criminal defence attorney can explore. For example, common defences include lack of knowledge of the drug's presence, prescription drug possession with a valid prescription, and lawful possession for medical purposes under California's Compassionate Use Act.
California categorises controlled substances into five drug schedules, ranging from Schedule I to V. Schedule I drugs are those considered to have a high probability of addiction and a greater risk of harm, while Schedule V drugs are the least addictive and have the lowest risk of harm. Possession of a controlled substance in California carries hefty penalties, and the sentencing structure for drug possession changed after the passage of Proposition 47 in 2014. This new law made many drug possession offences punishable only as misdemeanours, allowing those serving time in state prison for drug possession charges to petition for resentencing.
Proposition 47 does not apply to registered sex offenders or those with past convictions for serious violent crimes such as murder. Defendants who do not qualify can be charged with a misdemeanour or a felony, depending on the drug and the amount possessed.
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Drug diversion programs
In California, possession of a controlled substance, such as illegal drugs or prescription drugs not obtained with a valid prescription, is against the law. The state categorizes controlled substances into five drug schedules, with Schedule I drugs deemed to have a high probability of addiction and a greater risk of harm, and Schedule V drugs considered the least addictive and least harmful.
Since the passage of Proposition 47 in 2014, possession of a controlled substance has become a misdemeanor crime in most cases, with a maximum sentence of one year in prison. The purpose of this proposition was to encourage treatment over prison for drug crimes.
Eligibility
Eligibility for drug diversion programs is specific and includes several criteria:
- The offense must be non-violent, with no associated violent acts or threats of violence.
- The charges should involve personal drug use, not the sale, distribution, or transportation of drugs.
- There must be no evidence of other more serious drug offenses, such as possession of drugs for sale or forging prescriptions.
- The offender must not have any felony convictions within the last five years.
- The offender must not have been convicted of other ineligible drug offenses within the last five years.
Program Details
The drug diversion program is a pretrial diversion program that does not require a defendant to plead guilty. The program typically lasts between 12 and 18 months, but longer durations may be granted at the court's discretion. During this time, offenders undergo treatment and education programs recommended by the court.
Upon successful completion of the program, the defendant's charges are dropped, and their record remains clear. However, if an offender fails to complete the program, they are not automatically found guilty and are still entitled to a bench trial.
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Frequently asked questions
In California, possession of a controlled substance is a serious offence. It is illegal to possess any controlled substance without a valid prescription from a licensed medical professional or veterinarian authorized to practice in California. The term "controlled substance" refers to a drug whose use is regulated by law. Some substances, such as heroin and cocaine, are illegal in all circumstances, while others, such as oxycodone and morphine, require a prescription.
There are two main types of possession charges in California: simple possession and possession with intent to sell. Simple possession indicates that the drugs were for personal use, while possession with intent to sell implies that you planned to distribute the substance.
The penalties for drug possession in California vary depending on several factors, including the type and quantity of the drug, the defendant's criminal history, and the circumstances of the crime. Drug possession is typically prosecuted as a misdemeanour, punishable by up to a year in county jail, fines, probation, and mandatory drug counselling. However, certain circumstances can elevate the offence to a felony, resulting in more severe consequences, such as imprisonment, substantial fines, and a permanent criminal record.
