Drug Crime FAQs

Isn’t marijuana legal in California?

It is legal for a person over the age of 21 to possess not more than 28.5 grams of marijuana. Although in some respects California drug law has been relaxed with respect to marijuana, you may still end up facing drug charges if you grow too many plants or have more...

What if I only have a little bit of marijuana?

For individuals who are over 21, there is no penalty for carrying not more than 28.5 grams of marijuana. For individuals under 18 or between the ages of 18-21, possession of less than one ounce of marijuana will be considered an infraction, rather than a misdemeanor....

What is a DRE?

DRE stands for Drug Recognition Expert. It generally refers to a police officer who has received special training concerning investigations involving drug use and being under the influence of controlled substances. The designation is the subject of much controversy...

Which is better, Prop 36 or PC 1000?

While Prop 36 is very beneficial because it opens the alternative sentencing options up to more offenders, in general if you have a choice between Prop 36 and PC 1000 you should choose PC 1000. While PC 1000 will result in an automatic dismissal after completing the...

What is Prop 36?

Prop 36 is a sentencing scheme that went into effect in 2001 and is contained in Penal Code sections 1210 and 1210.1. Prop 36 applies to persons convicted of “nonviolent drug possession offenses” as that term is defined in the Penal Code. If eligible, a Prop 36...

How can a drug crimes defense attorney help?

An experienced attorney can help make sure you take advantage of any drug diversion programs you are eligible for. They can also help to seek a reduced sentence, the dropping of charges, or a not guilty verdict by undermining the prosecution’s evidence against you....

What types of drug charges could I face in California?

The California Health & Safety Code defines many different types of drug crimes including: Possession—having any type of narcotic such as cocaine, crack, heroin, ecstasy, meth, marijuana, opium—or any prescription drug that you do not have a prescription for—on...

How do I know if I’m at risk for DUI of drugs?

While there is a legal limit for the amount of alcohol you can have in your system while driving, there is no specific limit for legal or illegal drugs. If a blood or urine test establishes you have drugs in your system, you could be charged with DUI of drugs,...

What drug crimes are covered by Prop 47?

Health and Safety Code sections 11350 (possession of certain controlled substances, usually cocaine), 11357 (possession of concentrated cannabis) and 11377 (possession of certain controlled substances, most commonly methamphetamine).  

Will my conviction lead to jail time?

Not necessarily. Drug court and drug diversion programs like Prop 36 and PC 1000 provide the option of alternative sentencing to offenders who are convicted of certain nonviolent drug related crimes. In many cases the conviction can actually be dismissed in exchange...
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