When reviewing cases of drug possession in California, the court considers two types of cases. One of the crimes covers simple possession, while the other offense covers possession with the intent to sell a drug. In addition, the law separates charges by whether the drug was a controlled substance, a restricted and harmful drug, or marijuana. The law also makes distinctions when it comes to the possession of methamphetamine and phencyclidine, also called PCP.
Charging a Defendant in a Drug Possession Case
Therefore, a prosecutor can legally charge the defendant in a case with simple possession if he or she had an illegal substance in his or her possession. A prosecutor may further charge a litigant with “possession for sale” if he or she believes the defendant was dealing drugs as well.
Penalties Can Vary
If you speak to a drug possession lawyer then, you will find out that California lawmakers penalize drug possession based on the kind of drug involved. Penalties also vary, depending on the reason for the possession of an illegal substance.
Indeed, you need to speak to a drug possession lawyer if you are charged with a drug possession crime, as the law lists various stipulations with respect to enforcement and incarceration. For example, in 2016, legislation went into effect that legalized the possession of a certain amount of marijuana.
New Legislation Concerning the Possession of Marijuana
According to the law, Californians may possess up to eight grams of concentrated marijuana or 28.5 grams of the substance in their home. Residents can also grow as many as six plants in their home as long as the spot is secured and cannot be seen publicly
However, smoking marijuana is still considered illegal in places where smoking is disallowed or when operating a vehicle. In addition, the possession of marijuana on a school grounds with children present is against the law.
So, be sure to know the current law when it comes to drug possession. Speak to an experienced legal advocate, such as Michael D. Shook. Call his firm in Torrance, CA at if you have been charged with possession and need an experienced litigator at your side. Connect with them on Facebook for more information!
