The fact of the matter is that the drug crimes in California are constantly changing. As marijuana becomes legal, mandatory sentences are modified, and the war on opioids kicks into full gear, it can be hard to know what the rules are anymore. If you are facing a criminal drug charge then we highly recommend you contact Chambers Law Firm to speak to an Orange County drug crime attorney. You can also read on to get answers to some of your commonly asked questions.
What Are the Most Common Types of Drug Charges in California?
There are a variety of drug crimes in California. The Health & Safety Code defines them as:
- Possession
- Possession of drug paraphernalia
- Possession for sale
- Sale or transportation
- Manufacturing
- Use
- DUI of drugs
Many of these charges may come coupled with additional charges. We can help with drug crimes as well as all your related charges.
Is Marijuana Now Legal in California?
The short answer is yes: Voters approved Proposition 64 in 2016, which made it legal to recreationally use marijuana. However, there are still rules that apply. For example, you must be 21 years old to buy or possess marijuana, you can only possess one ounce of dried marijuana or eight grams of concentrated cannabis, and you can only grow six plants at a time.
That said, you cannot sell or transport marijuana unless you have a valid state and local license. Likewise, marijuana is still illegal at a federal level. If you are worried that you have broken or are breaking marijuana laws, contact an Orange County drug crime attorney.
Will I Go to Jail if I Am Convicted of a Drug Crime?
Not necessarily. Penal Code 1000 and Prop 36 both offer alternative sentencing options, including drug court and drug diversion. These generally only apply to persons convicted of nonviolent offenses and first-time offenders.
Can I Be Arrested for Driving Under the Influence of Drugs?
Yes. Known as DUI of drugs, these charges can be complex because there is no legal amount of drug that can be in your system at a given time. Likewise, there are no reliable tests to offer police an idea of whether or not you are impaired. For example, tests can show how much THC (the active component of marijuana) is in a person’s blood at the time of an arrest, but it stays in the system so long that the person could have used the drug weeks before.
This is why it is always worth contact an Orange County Drug Crime Attorney if you have been arrested for Dui of drugs – or other drug crimes. At Chambers Law Firm we can carefully assess the evidence against you to find the best way forward. Call our offices now at 714-760-4088 for a free legal consultation.
