Thanks to Proposition 47, which passed California voters in November of last year, simple possession of drugs is now a misdemeanor in California. Proposition 47 stipulates that most less serious, nonviolent crimes were to be charged as misdemeanors instead of felonies.
Get the best criminal defense lawyer to represent you
But that doesn’t mean that you should be nonchalant about choosing an excellent lawyer to represent you. Go with Dan Chambers of the Chambers Law Firm, who specializes in drug possession cases and will fight for your rights every step of the way. Call 714-760-4088, email dchambers@clfca.com, or click CONTACT above to send a message online and set up your free first consultation.
More info about drug possession in CA
There are important exceptions to be aware of when considering your possession case. First, Proposition 47 only affected cases that have to do with simple possession—if someone has drugs and intends to sell them, felony charges can still be brought.
Additionally, those who have prior convictions for murder, rape, certain sex offenses or certain drug crimes, may still be issued felony convictions for drug possession charges. Those who are required to register as sex offenders will likely be charged with felonies for drug possession.
Personal use of illegal drugs is now also a misdemeanor in California.
Methamphetamines
Let’s use methamphetamine as an example. Many of the laws that apply to meth drug possession are also applied for possession of other drugs.
Before the passage of Proposition 47, the possession of meth (also known as crystal, ice, crank, and speed) was known as a wobbler—meaning prosecutors could choose whether they want to charge it as a felony or misdemeanor. Now it is always classified as a misdemeanor crime.
To issue a conviction to the defendant, the prosecutor must prove the following conditions:
- He or she unlawfully possessed the drug
- He or she knew of its presence and that it was a controlled substance
- Possessed a usable amount
The part about knowing you possessed the meth means that if someone left it in your car, truck, or other vehicle and you didn’t know about it, technically you didn’t knowingly possess it and you can’t be convicted. If you’re being charged with possession of meth, attorney Dan Chambers will seriously consider this as a possible defense that could be very successful, depending on the circumstances of your case.
Potential penalties
If convicted of possession, you will have to spend a maximum of one year in jail. There are often sentencing options presented by a judge, and attorney Chambers can help you decide which path is best for your particular case. You may not have to serve any jail time at all, and instead choose to attend Drug Court or another diversion program, or be placed on probation. In some cases, convictions won’t be issued at all and charges will be dismissed if you complete certain programs before verdicts are issued.
Avoid conviction NOW
Prevent unnecessary marks on your record for drug possession by hiring Southern California’s top drug possession lawyer to represent you in court and provide you with expert legal advice every step of the way. Get started NOW by calling 714-760-4088, emailing dchambers@clfca.com, or by sending a message online by clicking CONTACT at the top right of this page.
Schedule a free consultation and get the help you need today.
