When it comes to possessing drugs in any state, you may run into some trouble with the courts. There are two broad categories regarding possession of drugs, which are simple possession and possession with intent to sell. There are many drugs that fall under the Health and Safety Code in California, including PCP and methamphetamine. If a defendant has possessed any of these drugs, a prosecutor will be able to charge against them. The state also has the authority to punish defendants for these offenses under Section 1170 of the California Penal Code. The defendant may be charged with “possession for sale” or “purchase for the purpose of sale.” Specified ingredients to make certain drugs are also illegal to possess and charges may result.
Some questions that are asked are: What type of drug did the defendant possess? How much of the drug was there? For what purpose did the defendant possess the drug? Possession of a controlled substance leads to a sentence of imprisonment in county jail for up to a year. However, possession for sale can result in a sentence of two to five years. Possession and transport, furthermore, can lead to up to nine years of imprisonment.
You may wonder, though, what does California law say about Marijuana? California, over the past few years, has decriminalized possession of up to 28 grams of marijuana. There is no possible jail time involved with this bit of possession. However, what if some of the above crimes come into play in regards to marijuana? If somebody is possessing with intent to sell, and cultivating for non-medical reasons, they may land some prison time as well as some pretty intense fines. For instance, if somebody is possessing marijuana for sale, they could face imprisonment for up to 2 to 4 years. If they possess less than 28.5 grams, it is seen as a misdemeanor and a fine of up to $100.
So what does Prop. 36 say about marijuana laws? Under this code, first and second-time possession offenders are sometimes able to demand treatment programs instead of jail time. When the program is successfully completed, their conviction is erased. However, this does not apply to those who have other offenses, such as intent to sell, under their wing. It is also important to remember that cultivation of any amount of marijuana is a felony under Health and Safety Code 11358.
Medical marijuana laws are a bit different. Those who possess marijuana on a medical level (and their caregivers) are able to legally possess and cultivate (but not sell) marijuana if there is a physician’s recommendation or approval. But remember: A person is only considered to be a qualified patient if a physician recommends them. This will mean that written recommendation is given just like any other recommendation that a physician gives on a note.
If you were found possessing a drug or marijuana, then you may need to execute a good defense to your case. Some actual defenses to drug possession charges are medical necessity, prescription issued by a doctor, unlawful search resulting in seizure of drugs, problem with lab analysis, and entrapment or improper police conduct. You may need a trusted attorney on your side throughout the process, which is why you should call The Law Office of Peter Blair. They will guide you through the process and answer any of your questions.