California Health and Safety Code 11350 prohibits the sale and possession of Schedule I, II, III, IV, and V drugs. Although there are various drug laws on the books, California has two main types of drug crimes: drug possession and possession with the intent to sell. Penalties vary depending on the type of drug, the quantity of the drug, and the purpose for possessing the drug.
Convictions for drug crimes can result in serious consequences. Burga Law Firm PC has successfully fought for reductions and dismissals of drug crimes. We have also helped our clients defend their rights promised under new drug laws.
Consequences of Drug Crime Convictions
New California laws limit the punishment of drug crimes. In 2016, voters approved Proposition 64, which decriminalized recreational marijuana. Adults 21 and over may purchase, possess, and consume up to 28.5 grams of marijuana. Smoking while driving and possessing or using marijuana at a school remain illegal.
The passing of Proposition 47 in 2014 also limits drug possession offenses to misdemeanors and allows those serving felony sentences to petition for resentencing. If you're charged with drug possession in California, you can still face up to a year in county jail. Possession with intent to sell charges are much more severe. Under California Health and Safety Code Section 11351, you can face up to four years in county jail and a fine of no more than $20,000 for this charge.
Defense Against Drug Crimes
If you are facing drug crime charges, it's crucial to contact a drug crime attorney right away. They can provide you with the expertise necessary to defend yourself in court. These attorneys can fight back against unlawful search and seizure, entrapment, and other infringements by police on your rights.
A drug crime attorney can also help you avoid jail time for drug offenses. In many cases, they can enter first-time offenders into diversion programs instead of jail. After pleading guilty, you can enter into a drug treatment program before sentencing. These programs usually last about a year and a half and help non-violent drug offenders avoid time behind bars.
Drug crimes remain serious offenses that can leave you with hefty fines, lengthy prison sentences, and a criminal record.