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The severity of a drug possession charge in California depends on several factors. Even though California has taken steps to reduce the penalties for some drug offenses in recent years, a conviction for drug possession can result in the limitation of your freedom and impact your ability to get a professional license, a job, or rent an apartment.
What Are California Drug Possession Laws
California drug possession laws are defined under the California Health and Safety Code Division 10 Sections 11350 to 11377. Under this law, it is illegal to possess controlled substances without a proper prescription.
There are generally two ways in which you can possess illegal substances:
- Actual possession: In actual possession, you must physically have control over the illicit substance.
- Constructive possession: In this case, you can have control over the drug through other means, such as people or objects.
What are the Penalties for Drug Possession in California?
Typically, drug possession charges in California are considered misdemeanors. The potential penalties for these charges include:
- Probation period ranging from one to three years
- Fines of up to $1,000
- Community service for a specified number of hours
- A jail sentence of up to one year
- Drug counseling or education
In some cases, drug possession charges can be elevated to a felony based on certain factors. This can include prior convictions, possessing large quantities of drugs, or intent to sell. Felony drug possession can result in more significant consequences, including:
- Prison sentence of up to 16 months
- Fines of up to $20,000 or more
- Probation period of up to three to five years
- Drug rehabilitation
What are Common Defenses Against Drug Possession?
Being accused of drug possession in San Diego is not the end of your freedom. Under the law, you can defend yourself against the charges. Several common defenses can be used against drug possession charges, including the following:
- Duress or coercion: This defense can be used to argue that you engaged in a drug possession activity because you were threatened or forced to do so.
- Illegal search warrant: Your attorney can use this defense if the police obtained a search warrant based on false information.
- Lack of knowledge: You can also argue that you lacked knowledge of the presence or nature of the drugs found in your possession.
Contact a San Diego Drug Possession Attorney Today For Help
Drug possession charges can have significant consequences in California. Having an attorney who understands the intricacies of drug possession cases is essential for building a strong defense.
At The Law Office of Elliott Kanter, we are ready to fight your drug possession charges. Call our office at (619) 231-1883 to schedule a free consultation with our San Diego drug defense attorney, Elliott Kanter.
