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Criminal Drug Possession Law in California

Criminal Drug Possession Law in California

Under California Law, criminal possession of drugs is broken down into two different categories, simple possession of a controlled substance and possession of a controlled substance with the intent to sell. There could be additional penalties depending on the substance in question – the California Health and Safety Code has additional laws that cover methamphetamine, PCP, and marijuana.

Proposition 47

After Proposition 47 passed in 2014, California restructured how it sentences people in possession of drugs in the state. It reclassified a considerable number of drug possession crimes from felonies to misdemeanors, and granted people serving time in state prison the chance to petition the court for resentencing. However, anyone also convicted for a sex crime, murder, or rape could not petition the court.

Following the passage of this proposition, possessing the following substances are classified as misdemeanors and people convicted of possession could only be sentenced to up to one year in county jail, not state prison.

  • Schedule I synthetic cannabis, peyote, mescaline, cocaine base, opium derivatives, and opiates;
  • Schedule II opiates and narcotics;
  • Schedule III hallucinogenics;
  • Schedule III, IV, and V drugs.

Possession of Marijuana

Possessing less than 28.5 grams of marijuana is only classified as an infraction for people under the age of 18. Someone of any age possessing more than that, unless they are licensed to do so, can be sent to jail for up to a year and charged with a $500 fine.

If you were charged with a crime in California, it’s important to speak with an experienced attorney as soon as possible. Contact Premier Criminal Defense, LLC today to discuss your legal options with one of our San Diego criminal defense lawyers. We have the experience and track record you can count on, and we understand what it takes to secure you the legal outcome you require. Call us at (619) 304-9190 today to speak with a member of our firm over the phone, or fill out our online form and we will get back to you as soon as possible.

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