When it comes to drug possession in the state of California they have defined two category consisting of “simple possession” and “possession with intent to sell.”
Drug Possession Type Classification
The California Health and Safety Code also separates offenses relating to “restricted dangerous drugs” or “narcotics” from marijuana offenses, as well as offenses relating to methamphetamine and phencyclidine (PCP).
Defenses Against Drug Possession Charges
If you have been charged with drug possession, a few defenses your attorney may suggest using includes:
- Necessity for medical reasons
- A doctor issued a prescription
- Seizure of drugs in an unlawful search
- Lab analysis results had problems
- Police conduct was improper
- Arrest result of entrapment
Drug Possession Sentences and Penalties
Drug possession penalties depend on the amount and type of the drug and intended purpose for it. Penalties range from one to five years in county jail or prison. If charged with possession of a controlled substance and/or transporting it from one country to another, imprisonment can be up to nine years.
Marijuana Drug Possession Laws
Marijuana possession has it’s own set of penalties in California that are different from other drugs. If a defendant is found to be in possession of 28.5 grams (one ounce) or less they’ll incur a fine of up to $100, as long as the marijuana is not concentrated cannabis. Additional fines are incurred if the marijuana is over 28.5 grams or if you were arrested for the possession near a school. If there is evidence of intent to sell, the crime may be prosecuted as a felony, with an imprisonment of 16 months up to three years.
If you have been accused of drug possession or intent to sell, its imperative to contact a criminal defense drug attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.
Criminal Defense Attorneys
3555 4th Ave.
San Diego, CA 92103
Phone: (619) 297-2800