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Drug Possession

Drug Possession Defense Attorney in Los Angeles

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To learn more about the laws related to Drug Posession offenses in the state of California, we advise you to keep reading, our goal is to clear all your doubts, but keep in mind that the information offered here should not be used as a substitute for a qualified and experienced attorney in criminal cases to defend you.

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"(a) Except as otherwise provided, any person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), (20) of subdivision (d) of Section 11054 or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V that is a narcotic drug, unless by written prescription of a physician, Podiatric dentist or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if such person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.

(b) Except as otherwise provided in this division, whenever a person possesses any of the controlled substances specified in subdivision (a), the judge may, in addition to any punishment provided pursuant to subdivision (a), impose against that person a fine not to exceed seventy dollars ($70), and the proceeds of this fine shall be used pursuant to Section 1463.23, Penal Code. However, the court shall take into account the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine allowed under this subdivision.

(c) Except in unusual cases where it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation that may be imposed, the following conditions of probation shall be ordered:

  • (1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service.
  • (2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service.
  • (3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.

(d) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following circumstances apply:

  • (1) The possession of the controlled substance is at the direction of or with the express authorization of the prescription holder.
  • (2) The possessor's sole intent is to deliver the prescription to the prescription holder for prescribed use or to dispose of the substance in a lawful manner.

(e) This section does not permit the use of a controlled substance by a person other than the holder of the prescription or permit the distribution or sale of a controlled substance that is inconsistent with the prescription."

California Statutes – Health and Safety Code 11350

What is Drug Possession?

In the state of California, federal and state laws determine that any psychotropic substance you possess, even a minimal amount, is considered drug possession. This charge could result in severe problems on your record, since, depending on the circumstances, it can be charged as a Felony or a Misdemeanor. However, to prove this fact, the police need probable cause to search you, your home, or your vehicle.

What is the Conviction for Drug Possession in California?

If you are charged with drug possession, and the judge finds you guilty, you could face spending some time in jail and will most likely have to pay some fines. If it is your first time you could be sentenced to go through a rehabilitation program for about a year, in which you will have to participate in therapy and have blood tests every 6 months and if you complete that whole process positively, the judge could drop the charges.

If it is a larger possession, it is already charged as a felony and the charges and sentences are more severe. That is why it is important to have a Los Angeles Criminal Defense Attorney who understands your case and will represent you in court.

Drug possession charges are often used as a method of extending or lengthening a previous conviction. Because it is so prevalent, it is one of the most publicized cases and is used by prosecutors and politicians to garner public opinion. It is highly recommended that you put your safety and freedom in hands capable of fighting for you.

What Drugs are illegal in California?

All kinds of drugs can be considered illegal, among them are: Marijuana, amphetamines, depressants, pot, cocaine, heroin, designer drugs and even over-the-counter medications. Therefore, it is important to always be vigilant and make sure that all of your moves are sound and that you have the support of a Los Angeles Criminal Defense Attorney. A misstep could mean a stain on your record, even if you don't mean to.

With regard to marijuana, several campaigns have been created for its use, thus causing several laws prohibiting it to change rapidly in many states, even so, all possession of such substance remains a federal crime.

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