California Drug Crimes Laws and Penalties – All You Need To Know

Drug crimes include a broad range of criminal activities, from possession to trafficking and manufacturing. If you have been charged with a drug crime, it’s important to understand the California drug crimes laws and penalties. This can be overwhelming, but it is vital to know what you are up against after being charged.

The most effective way to begin planning your next steps is to consult with a seasoned drug crimes lawyer. Because they have handled many previous cases, they will be familiar with the laws and penalties that are pertinent to you. They can give you legal advice, offer help with paperwork, and even represent you in court if necessary. Your attorney can provide knowledgeable support throughout the entire process.

Drug Possession

Drug possession is a term used to classify the criminal act of possessing any illegal controlled substances, which are categorized based on their medical use and potential for abuse. Some examples of these substances include:

• Schedule I drugs: Opiates, hallucinogens, heroin
• Schedule II drugs: Oxycodone, raw opium, morphine
• Schedule III drugs: Anabolic steroids, testosterone, pentobarbital
• Schedule IV drugs: Diazepam, Xanax
• Schedule V drugs: Low doses of codeine, buprenorphine

Penalties for Possession

In California, penalties for drug possession differ based on the drug Schedule. The following penalties are examples of what a convicted individual may receive for various charges.

• Schedule I drugs: Up to one year in jail.
• Schedule II drugs: Up to one year in jail for narcotics or opiates, subject to more if the defendant has prior offenses.
• Schedule III drugs: Up to one year in jail for hallucinogens, subject to more if the defendant has prior offenses.
• Schedule IV drugs: Up to one year in jail, subject to more if the defendant has prior offenses.
• Schedule V drugs: Up to one year in jail for narcotics without a prescription, subject to more if the defendant has prior convictions.

Many drug charges in California that were once classified as felonies can now be reduced to misdemeanor charges in some scenarios. However, this may not be an option for offenders who hold prior convictions, particularly those with a record of violent offenses. If you qualify to have your sentencing reduced, your defense attorney can walk you through the necessary steps to take.

Legal Marijuana

In California, the use of cannabis is legal. However, there are still regulations concerning who is able to use it and for what purposes. Individuals between the ages of 18 and 21 may use cannabis for medicinal purposes with a recommendation from their doctor, while those who are 21 and older may buy cannabis for recreational use. It is important to note that medicinal users may have higher possession limits and may even be allowed to grow cannabis in their homes.

There are also regulations concerning where a person may use cannabis in California. While it may be used anywhere on private property, it is illegal to smoke cannabis in any public place where it is illegal to smoke tobacco or within certain distances of schools, daycares, and other childcare facilities while children are present.

FAQs

What Is the Penalty for Drug Crimes in California?

The penalty a person receives for drug crimes in California will depend on the quantity and nature of the drug. An additional factor is the criminal history of the offender. Regardless, even simple drug crimes can result in mandatory jail time and fines, and drug crimes involving large amounts of hard drugs may require extended prison sentences. In order to beat these charges, it is essential to obtain the guidance and help of an experienced lawyer.

Will I Go to Jail for Drug Crimes in California?

In some cases, it may be possible for your defense attorney to have your sentencing altered so that you go through a drug treatment program rather than serving time in jail. The goal of this program is to help drug offenders alter their lifestyles and habits in a way that keeps them from continuing to commit drug crimes in the future. Your attorney can assess your situation to help you determine if this may be a beneficial route.

What Is the First-Offense Penalty for Possession of a Controlled Substance?

A first-time offender found in possession of a controlled substance will most likely receive up to a year in county jail. They may also be required to pay a fine. The penalty a person receives depends on a few factors, such as what drug they were in possession of and how much of it they had. A lawyer can assess the specifics of your case and advise you regarding the penalties you may be facing.

What Can I Do if I’m Charged With a Drug Crime?

One of the first steps to take if you are charged with a drug crime is to seek legal counsel. You will need a strong defense in order to achieve an acquittal, a dismissal of charges, or a reduced sentence. A defense attorney who has experience handling drug crimes can help you negotiate a plea bargain, have your sentence reduced, or potentially have all charges against you dropped. Finding the right attorney can impact your case in many significant ways.

Gibbons & Gibbons, Drug Crime Lawyers

Drug crime penalties are no insignificant matter. Even first-time offenders with seemingly menial charges can face serious repercussions if convicted. Beyond facing jail time and being required to pay fines, your personal life may also be affected. Job losses and demotions, child custody and support, and other important factors in your life may be at stake. Drug charges should be taken seriously, and legal help should be sought as soon as possible.

Contact Gibbons & Gibbons today to learn more about your charges and what steps you can take to have the charges dropped or lessened. We have handled numerous drug cases and understand the complexities involved in building a strong defense. We fight for your rights every step of the way, offering our support and compassion as you navigate this difficult time.