Evolving drug laws in the state of California offer reduced penalties for some minor drug crimes.
The “war on drugs” has failed, destroying the lives of many low-level drug offenders in the process. In recent years, we have finally begun to focus less on punishment and more on rehabilitation in dealing with drug offenders. This approach has great promise in helping ensure nonviolent individuals who have committed minor offenses are able to successfully reenter society and avoid reoffending. Here is a brief overview of 3 recent legislative changes in California drug possession law.
Decriminalization of Marijuana Possession
On January 1, 2011, possession of one ounce or less of marijuana for personal use became an infraction rather than a misdemeanor. This means that possessing a small amount of marijuana is no longer a crime that will result in jail time or probation or leave a black mark on your criminal record. Instead, it is an offense punishable only by a fine of up to $100, plus fees. It is important to realize, however, that possessing even this small amount of marijuana still has the potential to lead to related criminal charges. For example, if the marijuana is possessed in conjunction with items like scales or packaging materials, felony charges could be brought for possession with intent to sell.
Good Samaritan Drug Law
On January 1, 2013, a new law designed to reduce the rate of drug overdose deaths in California went into effect. Known as a Good Samaritan law because it encourages individuals to help others, this statute provides limited protection from criminal liability both to the victims of drug overdoses and to the witnesses who report the overdoses to the authorities. The law applies to charges for possession of drugs and drug paraphernalia, provided the drugs were for personal use. It does not provide protection for more serious drug offenses. Hopefully, this law will be effective in helping to knock California from its position as the state with the most drug overdose deaths per year in the entire country.
Prop 47
The most recent legislative change related to drug crimes is Prop 47, a sentencing relief measure that went into effect November 5, 2014. Prop 47 provides for certain drug-related offenses that could previously be prosecuted as either felonies or misdemeanors to now be automatically prosecuted as misdemeanors in all cases. It also provides for individuals with past convictions to get their felony convictions reduced to misdemeanors and potentially get their sentences reduced.
For help with Prop 47 resentencing petitions or for representation in any kind of drug case, contact expert drug offense attorney Dan E. Chambers.
