The reality of the issue is that drug offenses in California are always evolving. It can be difficult to know what the laws are when marijuana becomes legal, mandatory sentences are adjusted, and the fight on opioids ramps up. We strongly advise you to call Chambers Law Firm at 714-760-4088 to talk with a drug crime attorney if you are facing a criminal drug accusation. You may also keep reading to find out the answers to some of your most frequently asked questions.
In California, what are the most common types of drug charges?
California has a wide range of drug offenses. They are defined as follows in the Health and Safety Code:
- Possession
- Possession of drug paraphernalia
- Possession for sale
- Sale or transportation
- Manufacturing
- Use
- DUI of drugs
It many cases, a person will be charged with more than one crime. We can help with the combination of drug crimes you are facing.
Is It Now Legal to Smoke Marijuana in California?
The short answer is yes: Proposition 64, which made recreational marijuana use legal, was adopted by voters in 2016. However, there are still certain guidelines to follow. To buy or possess marijuana, for example, you must be 21 years old, you can only have one ounce of dry marijuana or eight grams of concentrated cannabis, and you can only cultivate six plants at a time.
However, unless you have a legitimate state and municipal license, you cannot sell or transport marijuana. Similarly, marijuana remains banned on a federal level. Contact an attorney if you believe you have committed or are breaching marijuana regulations.
If I’m Convicted of a Drug Crime, Will I Go to Jail?
Not necessarily. Alternative sentencing alternatives, such as drug court and drug diversion, are available under both Penal Code 1000 and Proposition 36. These are usually only applicable to nonviolent criminals and first-time offenders.
Is it Possible for Me to Be Arrested for Driving While Under the Influence of Drugs?
Yes. These charges are known as drug DUIs, and they may be complicated since there is no legal limit to the quantity of substance that can be in your system at any particular moment. Similarly, there are no reliable tests that police can use to determine whether or not you are intoxicated. For example, testing can reveal how much THC (the active ingredient in marijuana) is in a person’s blood at the time of arrest, but the substance lingers in the system for so long that the individual may have used it weeks previously.
This is why, if you have been arrested for drug DUI or other drug offenses, it is always a good idea to consult an attorney. We can thoroughly analyze the evidence against you at Chambers Law Firm to determine the best course of action. For a free legal consultation, call 714-760-4088 right now.
