California has some of the most compassionate drug laws in the country, in that Prop 47 has helped to lower the charges for people charged with minor drug or theft crimes. That said, the drug laws here should never be taken lightly. Depending on your criminal background, the type of drugs you were caught with, and the amount, you could be looking at serious consequences. Read on to learn more and then reach out to Chambers Law Firm at 714-760-4088 to learn more.
It’s actually the California Health and Safety Code that defines the drug laws here
What many people don’t realize is that it’s the California Health and Safety Code that defines the drug crime laws. They determine what each charge involves, what possible defenses are acceptable, and what the punishment is for each charge. In short, there are three categories of drug crimes in California: possession, possession with intent to sell, and sale / transportation of controlled substances.
The definition of drug possession
If you’re found with illegal drugs that are classified as controlled substances, like heroin, ecstasy, or cocaine, or if you’re found with prescription drugs for which you don’t have a prescription, you could be charged with possession of drugs. There are then three categories within the category of drug possession:
- Actual possession. This refers to physically having drugs on your person.
- Constructive possession. This refers to drugs being located in an area you have control over, such as your home or car.
- Joint possession. This refers to a situation where you and another person share actual and or constructive possession over an illegal drug. In this case, you’d both be at fault and could both face charges.
Depending on the quantity of drugs you were found with – and the type – this could involve months in jail or a simple ticket.
The definition of drug possession with intent to sell
As the name implies, this refers to possessing drugs that you have the intent to sell. It has a more significant penalty than simple possession. Police and prosecutors will look at a variety of factors to try and prove that you were planning to sell the drugs, including drug paraphernalia, weight scales, massive quantities of drugs that aren’t likely needed for personal use, and excessive case.
The definition of the sale / transportation of controlled substances
The most serious of these three drug crimes is sale / transportation of a controlled substance. This if you’re caught in the act of selling drugs, giving them away, or taking them from point a to point b in exchange for money. This crime is always charged as a felony.
There’s a simple answer to any drug charge
It doesn’t matter what you’re charged with, if you’re facing a drug crime then you need to work with Chambers Law Firm. We will immediately go to work for you. Whether you want to fight for the best plea agreement, or you want to take your case to court, we are here to help. Call us at 714-760-4088 for your consultation.
