Oakland Drug Possession Attorney
Defending Against Drug Possession Charges in California
In California, drug possession is charged as either a misdemeanor or felony, depending on the type and amount of substance you had in your possession. If you are convicted, a court may sentence you to probation or incarceration and/or fine you. In addition to the criminal penalties, you'll also face collateral consequences. These sanctions aren't doled out by the court but instead arise from state or federal laws. For instance, certain drug crime convictions will render you ineligible for federal student aid, which can limit your ability to attend college or university. Also, with a drug offense on your criminal record, you may face challenges when trying to get a job or find a place to live.
At Demetrius Costy Law, our drug possession lawyer in Oakland recognizes the seriousness of these types of crimes. That is why he puts his knowledge, skills, and resources to work to build compelling defenses on behalf of the accused. When we take on a case, we thoroughly prepare, paying attention to every detail, as we know that even the smallest aspects can have huge impacts on the result. Delivering personalized legal representation, we will work closely with you to learn everything that happened in your case. From the initial investigation to the arrest and even the official charge being filed, we know that an error at any step can give rise to possible defenses.
To get over 20 years of experience on your side, call us at (510) 254-3945 or contact us online. We're available 24/7 to take your call, and your initial consultation is free.
Possession Of Controlled Substances in California
Under California Health and Safety Code §§ 11350 and 11377, possessing controlled substances, such as opiates, opium derivatives, hallucinogenic substances, and Schedule III, IV, and V narcotic drugs, is unlawful.
Referred to as simple possession, the crime occurs when a person:
- Illegally possesses a drug or drugs;
- Knows that what they have is a controlled substance;
- Knows that the drug was on or near them; and
- Has a usable amount of the substance.
A "usable amount" of a drug is anything more than debris. The quantity must be such that a person can use it, but does not have to be such that it can cause a person to get high or have any other effect on them.
In a possession case, a person may be charged or convicted even if they didn't have actual control of the drug. This is known as constructive possession, and it applies when someone could have physically possessed – either themselves or through another person – a drug.
What are the Penalties For Simple Possession Of a Controlled Substance in California?
The conviction penalties for possessing controlled substances depends on the individual's criminal history.
If a person is convicted under California Health and Safety Code § 11350 or § 11377, they can face up to 1 year in jail. However, if they have one or more prior convictions, they will be charged with a felony and may be incarcerated for up to 3 years.
Simple Possession of Marijuana
Although in 2016 Californians voted to legalize recreational marijuana, the law applies only to people 21 years of age and older, and there are limits to how much a person can have. Thus, under certain circumstances, possession of pot can be a crime.
What are the Penalties For Simple Possession Of Marijuana in California?
If a person is found guilty of possessing marijuana, the punishments a court can impose depend on the individual's age and the amount of weed they had.
The conviction penalties for less than 28.5 grams of marijuana include:
- If the defendant was under 18 years of age (infraction):
- 4 hours of drug education or counseling
- Up to 10 hours of community service
- If the defendant was between 18 and 20 years of age (infraction):
- Up to $100 in fines
The conviction penalties for possessing more than 28.5 grams of marijuana include:
- If the defendant was under 18 years of age (infraction):
- 8 hours of drug education or counseling
- Up to 40 hours of community services
- If the defendant was 18 years of age or older (misdemeanor):
- Up to 6 months in jail
- Up to $500 in fines
Possession with Intent to Sell
California law also prohibits people from possessing drugs, including marijuana, with the intent to sell them. To "sell" means to exchange the drug for anything of value, including money and services.
The elements of possession with intent to sell are similar to those as simple possession with the addition of the provision that the person who had the drug meant to sell it or have someone else sell it.
Penalties For Possession With Intent to Sell
The punishments a court can impose upon a person convicted of possession with intent to sell depend on the type of drug involved.
If a person intended to sell opiates, opium derivatives, depressants, mescaline, peyote, hallucinogenic substances, or Schedule III, IV, or V narcotic drugs may be imprisoned for up to 4 years. If they had a Schedule III, IV, or V non-narcotic drug, they may be imprisoned for up to 3 years.
For offenses involving cannabis, the conviction penalties are as follows:
- If the defendant was under 18 years of age:
- 8 hours of drug education or counseling
- Up to 40 hours of community service
- If the defendant was 18 years of age or older:
- Up to 6 months in jail
- Up to $500 in fines
- If the defendant was 18 years of age or older and had prior convictions or used a person under 20 years of age to complete the transaction:
- Up to 3 years in prison
Contact Our Oakland Drug Possession Lawyer Today
Regardless of the type of drug you've been accused of possessing, a conviction can carry steep penalties. It's important to have a lawyer on your side from the beginning of your case to get started on building your defense right away. At Demetrius Costy Law, our Oakland drug possession attorney can fight aggressively on your behalf throughout your case, working toward obtaining a favorable result for you.
Speak with us today by calling (510) 254-3945, or submit an online contact form, and we'll respond promptly.
