As laws surrounding drug crimes in California continue to evolve—spurred by the legalization of marijuana, the amendment of mandatory sentencing rules, and the escalating fight against opioids—it can be challenging to stay informed about the current legal landscape. Facing a drug-related charge? We strongly advise reaching out to Chambers Law Firm to consult an experienced Orange County drug crime attorney. This article provides answers to some frequently asked questions related to drug crimes.
Understanding the Different Types of Drug Charges in California
Drug offenses in California cover a broad spectrum, defined in the Health & Safety Code as:
- Drug possession
- Ownership of drug paraphernalia
- Possession with intent to sell
- Drug sale or transport
- Drug manufacturing
- Drug usage
- Driving under the influence (DUI) of drugs
It’s not uncommon for additional charges to accompany these drug offenses. At Chambers Law Firm, we’re equipped to handle all your drug-related charges.
Is Marijuana Legal in California Now?
In simple terms, yes. Californians approved Proposition 64 in 2016, legalizing the recreational use of marijuana. However, certain restrictions apply, including a minimum age requirement of 21 for purchasing or possessing marijuana, a maximum allowance of one ounce of dried marijuana or eight grams of concentrated cannabis, and a limit of six plants for personal growth.
However, selling or transporting marijuana is only legal with a valid state and local license. Furthermore, it’s important to note that federal law still classifies marijuana as illegal. If you have concerns about potential violations of marijuana laws, contact an Orange County drug crime attorney.
Will a Drug Crime Conviction Result in Jail Time?
Not necessarily. Legal provisions such as Penal Code 1000 and Prop 36 provide alternative sentencing options, including drug court and drug diversion programs. These alternatives typically apply to nonviolent offenders and first-time offenders.
Can I Be Arrested for Driving Under the Influence of Drugs?
Absolutely. Driving under the influence (DUI) of drugs charges can be complicated, given the lack of a legally permissible drug level in one’s system or reliable tests to determine impairment. For instance, while tests can indicate the amount of THC (marijuana’s active ingredient) in a person’s bloodstream at the time of arrest, the lingering presence of THC means a person could have consumed the drug weeks earlier.
Given the complexities involved, it’s advisable to contact an Orange County Drug Crime Attorney if you’re arrested for DUI of drugs or other drug offenses. At Chambers Law Firm, we’ll thoroughly review the evidence against you to determine the best course of action. Call us at 714-760-4088 now for a complimentary legal consultation.
