California state law includes two broad categories for drug-related offenses: simple possession, and possession with intent to sell.
A prosecutor may charge a defendant with simple possession when the defendant has on his or her person any substance listed under the California Health and Safety Code, such as marijuana, cocaine, amphetamines, heroin, etc.
Additionally, a prosecutor may charge a defendant with “possession for sale” or “purchase for the purpose of sale” if the state believes that the defendant intended to engage in drug dealing.
There are certain circumstances in which formulating a defense for a drug crime is made simple. For example, if your possession is due to a medical necessity, a prescription issued by a healthcare professional or if the seizure of illegal narcotics came as the result of an unlawful search. Even something as elementary as an issue with lab analysis may lead to a successful defense, as might entrapment or other police misconduct.
Under California state law, penalties for drug possession vary depending on the type of substance, the amount possessed and the purpose for which the defendant had possession of the drug. Possession of a controlled substance may lead to a sentence of imprisonment in county jail for up to one year, while possession for sale of a controlled substance may lead to a sentence of imprisonment for a range of two to five years. These sentences will also vary depending upon whether or not the defendant has transported a controlled substance from one county to another.
It’s worth noting that possession of ingredients related to the manufacture of PCP or methamphetamine may result in sentences of two, four or six years of imprisonment.
In California, marijuana possession comes with its own set of penalties. Typically, a defendant possessing less than one ounce of marijuana may face a fine not exceeding $100. However, the state may impose additional fines or terms of imprisonment should the defendant possess more than one ounce of marijuana while in close proximity to a school, or if the state has reason to believe the defendant had intent to sell.
Being charged with any kind of drug offense can be startling, confusing and scary, but it is important to remember that you have rights. Let Douglas L. Gardner Attorney at Law apply his unique experience and work ethic to help you secure the future that you deserve.
Attorney Douglas Gardner has extensive experience defending numerous types of drug-related offenses, including the cultivation, possession and sale of illegal narcotics. Mr. Gardner is also well-versed in cases involving prescription drugs and controlled substances such as marijuana, methamphetamine and heroin.
If You’re Currently Facing Criminal Charges Related To The Use And/Or Possession Of Illegal Narcotics, Contact Douglas L. Gardner Attorney At Law Today At (530) 242-4155 For A Free Consultation. With Over 30 Years Of Experience Defending Citizens Of Redding, California, Mr. Gardner Is Well-Equipped To Help You Secure The Future You Deserve.