The adage “How California goes, so goes the nation” is frequently associated with the state’s pioneering work on cutting-edge technologies and the introduction of ground-breaking political changes. The adage is applicable to drug possession laws, as several states have approved legislation that is comparable to the California drug possession law.
This does not indicate a softer stance toward drug offenders in California. If you’re accused of possessing drugs, you need to take immediate action by getting in touch with a Santa Ana drug crime lawyer. You can call Chambers Law Firm now at 714-760-4088 for help.
What possession for sale means
Defendants in drug possession cases may become overwhelmed by the sheer amount of legal words. You should become familiar with the phrase “possession for sale.” If a suspect in California was in possession of one or more of the chemicals specified in the California Health and Safety Code, the prosecutor has the legal authority to charge the defendant with simple possession. A charge of possession for sale or “Purchase for the purpose of selling” may be filed by the prosecution if there is sufficient proof the suspect planned to sell the prohibited substance or substances.
The false pretext for decriminalization
Despite decriminalizing marijuana for adult recreational use as well as medical use in California, the majority of the other controlled substances listed in the Health and Safety Code remain illegal in the state. This applies to synthetic and derivative forms of illegal restricted substances.
The least severe punishment for simple drug possession is a misdemeanor, which carries a fine of up to $1,000. The judge presiding over a straightforward possession case may also order community service. A conviction for a crime on a possession for sale accusation is possible.
Prop 64
Proposition 64, which was approved in 2016, fundamentally altered the cannabis regulations in California. Although marijuana use by adults is now permitted, many Californians are unaware of a number of restrictions.
Cannabis for adult use is legal in the following circumstances thanks to Proposition 64 and subsequent legislation:
- Possession by adults over the age of 21 of up to 28.5 grams
- Consumption of marijuana-related items in a user’s home or in a public area that has a California-issued license for marijuana consumption in public
- Possession of a marijuana concentrate for adult use in amounts up to eight ounces
Prop 47
The California legislature passed Proposition 47 in 2014, changing the status of many cases of simple drug use from felonies to misdemeanors. Additionally, it granted inmates serving felony sentences for drug possession the ability to request that their sentences be revised in accordance with the new legal requirements.
This means that you should obtain legal assistance if you are facing felony drug charges in order to have the charges dropped to a misdemeanor. A Santa Ana drug crime lawyer should be consulted if you are serving time for felony drug possession in order to request a resentencing.
Recreational use and intent to sell: the thin line
An attempt is made to create a pattern that connects the presence of drugs to one or more elements when a law enforcement agency accuses a suspect of having the intent to sell. This occurs when weapons are discovered on private property, there is unusually high pedestrian activity on and surrounding private property, the officers find a significant sum of money, there is equipment for weighing drugs, such as a scale and little plastic bags, there is a significant amount of a controlled substance prohibited under the Health and Safety Code.
In order to create a strong defense, you should see a Santa Ana drug crime lawyer if you are accused of using a narcotic with the intent to sell it for recreational purposes. California may convert the initial allegation of intent to sell to a charge of mere possession.
To obtain the legal representation you require, get in touch with the Chambers Law Firm right away. You can phone our office at 714-760-4088 or use the online form.
