Consequences of a Conviction for Possession of Controlled Substances. Under Proposition 47, possession of any drug on a Schedule is a misdemeanor, punishable by up to one year in prison. However, not everyone qualifies for these misdemeanor charges.
Drug possessioncharges should be taken seriously, as they can have an adverse effect on your life.
Not only can you go to jail, but this can result in the loss of your livelihood, higher insurance rates, and a financial impact on you and your family. In addition, a drug possession case could be charged as a felony if the circumstances occurred in conjunction with other charges or additional charges, such as driving under the influence (DUI) or possession of a controlled substance with intent to sell, etc. Since possession of a controlled drug is a non-violent crime, the new Code of Health and Safety considers it a misdemeanor. Federal law states that drug offenses committed in these areas are subject to twice the maximum punishment allowed by law.
The statute of limitations for drug possession in California does not begin until the crime is completed. As long as possession was not enough for possession with intent to sell, then you could be eligible for a treatment program instead of imprisonment. Applicable laws do not include for the prosecution of serious drug offenses the authorized possession or sale of many controlled substances when terms such as “illegal” and “prohibited” are used, which would otherwise indicate a violation of the code by possession. Jail time can be increased if you are charged with drug possession for a felony because of a previous conviction or if you possessed a loaded firearm while you had the drug.
There are several avenues of defense that your Los Angeles drug crime lawyer can take if you are charged with drug possession. Depending on the details of your case, there could be more your legal team can do to defend you and give you the maximum chance of getting away from the incident with little or no jail time for drug possession. Laws involving drug possession have changed regularly over the years and there are several aspects to possession laws. Drug possession, also known as possession of a controlled substance (Health and Safety Code Sections 11350 and 1137), is a felony, although certain drugs can be charged as a misdemeanor.
Due to recent changes in California's felony drug laws, a drug possession charge may have a greater chance of dismissal if an experienced legal defense is available. Also keep in mind that many states allow a defendant guilty of drug possession to enter a drug program instead of going to jail. Schedule 2 of the California Uniform Controlled Substances Act defines those drugs whose possession constitutes a felony drug offense. If the person suspected of possession of drugs leaves California, then the statute of limitations must pay for the time the suspect left California.