According to the California Department of Justice, there were 136,513 drug possession arrests in California in 2021. The vast majority of those were for possession of marijuana (108,242) while 28,271 were for possession of other drugs. With more than 80 years of combined criminal law experience in Southern California, Greenberg, Greenberg & Kenyon have developed an aggressive defense strategy for individuals accused of drug possession and other drug-related crimes. It can be frightening and stressful to be arrested and charged with drug possession. You may be unsure of what you must do to protect your rights. Your legal issues may have derailed your job, and there may be judgment from your family and friends as well.
At Greenberg, Greenberg & Kenyon, our San Bernardino & Riverside drug possession defense law firm includes former deputy district attorneys with the tenacity and legal skills to help preserve your rights. We have a deep understanding of how the prosecutor will think and act in cases like yours. The level of experience and skill you will receive from our attorneys is unparalleled. Contact us today online or by telephone at (951) 382-0493 to speak with one of our San Bernardino & Riverside drug possession defense lawyers. We represent clients throughout Riverside, San Bernardino, Los Angeles, Orange, and San Diego counties.
Drug Possession Laws in California
Drug possession laws are complex and are covered under California’s Health and Safety Code 11350 and 11377. HS 11377 focuses solely on methamphetamine possession rather than other illicit drugs. To be convicted of drug possession, the prosecution must prove that you had control over the drug, knew about the drug, knew the drug was illegal, and possessed enough of the drug to use. “Possession” can be constructive possession or actual possession. You must have actual physical control over the drug to rise to the level of actual possession.
Constructive possession means you had control over the drugs through other objects or people, i.e., you were inside your home, but the drugs were in your car. Drug possession laws in California have changed significantly over the years, particularly where marijuana is concerned. Depending on the drug and the amount, you could be charged with a misdemeanor or a felony. When the amount of the drug you were in possession of was not sufficient for possession with intent to sell charges, you could be eligible for a treatment program or drug court. It is important to speak to a Riverside drug possession defense lawyer from Greenberg, Greenberg & Kenyon.
What Types of Drugs Can You Be Arrested for Possessing in California?
Since the passage of Proposition 47 in 2014, possession of a controlled substance has become a misdemeanor crime in many instances. Despite this, you should not think that a conviction for possession of a controlled substance is no big deal. Even as a misdemeanor offense, you could face serious, long-term consequences. Even taking Proposition 47 into account, you could still face up to a year in prison, depending on the amount and type of controlled substance. Further, not every drug possession charge will fall under Proposition 47 conditions.
A controlled substance is a regulated drug that could be an illegal drug like methamphetamine, heroin, or cocaine or a legal prescription drug like oxycodone. There are five “schedules” of drugs in California, including:
- Schedule I drugs include mescaline, cocaine, and opiates
- Schedule II drugs include morphine, raw opium, and other narcotics
- Schedule III drugs include anabolic steroids and pentobarbital
- Schedule IV drugs include prescription drugs like zolpidem and diazepam
- Schedule V drugs are also prescription drugs but are not as tightly controlled, like lower dosages of codeine
To be found guilty of drug possession, it must be clear that the substance in question is a controlled substance. Further:
- You unlawfully possessed the controlled substance.
- You were aware of the presence of the controlled substance.
- You knew it was a controlled substance.
- There was a usable amount of the drug in your possession, rather than just residue.
What Are the Penalties for Drug Possession in California?
California has legalized possession of marijuana up to 28.5 grams, or up to 8 grams of concentrated cannabis for those over the age of 21. Those in possession of more than 28.5 grams of marijuana, or more than 8 grams of concentrated cannabis can face imprisonment in a county jail for up to six months and a fine as large as $500.00. The penalty for possession of any other controlled substance is punishable by up to 36 months in jail assuming the amount of the drug does not rise to the level of possession with intent to sell.
Is It Possible to Get Drug Possession Charges Dropped?
Whether your drug possession charges can be dropped will depend on the exact circumstances surrounding your charges. Drugs like cocaine, heroin, and methamphetamine are typically charged as felonies unless your attorney can have the charges reduced or dismissed. If any of the following are true, your Riverside drug possession defense lawyer from Greenberg, Greenberg & Kenyon can potentially have your drug possession charges dismissed:
- The prosecutor cannot prove actual or constructive possession of the drug.
- Your constitutional rights were violated; the officer failed to Mirandize you, you asked for an attorney but the officer kept questioning you, or the search and seizure were not lawfully conducted.
- You were legally allowed to possess the drug because you had a prescription for the drug in question.
- If you are willing to enter a drug rehabilitation program, your attorney may be able to negotiate reduced charges with the prosecutor.
In handling drug possession defense cases in San Bernardino & Riverside, we employ a variety of proven defense techniques on behalf of our clients. If we cannot get the charges dismissed, we will seek the next most favorable outcome, whether it is a reduction of charges, alternative sentencing, or acquittal by jury. With more than 80 years of combined experience handling drug possession cases, our drug defense lawyers know how to get results.
Hiring a Riverside Drug Possession Defense Lawyer Near You
Drug crimes remain serious offenses with a potential jail sentence and a criminal record. Having a drug possession conviction on your record can have a negative impact on your ability to secure employment, your financial situation, and your personal life. Because of these consequences, it is essential that you have a skilled Riverside drug possession defense lawyer by your side. Your attorney will thoroughly investigate the facts surrounding your charges, gathering necessary evidence and building a solid case on your behalf.
We will actively look for any violations of your rights or any potential missteps by the police. As former district attorneys, we will use our knowledge of the system to negotiate a reduction or dismissal of your charges. If we are unable to do this, we will negotiate for a better sentence. This is not a time to try and handle your charges on your own—you need experienced legal assistance from the moment you are charged with drug possession.
Contact a Riverside Drug Possession Defense Lawyer Today!
If you have been charged with drug possession and need a strong criminal defense, we are here to help. Few criminal defense firms feature a father-and-son legal team. We believe this is an important asset for our clients, as it allows them to benefit from our individual strengths. We are skilled at finding weaknesses in the prosecution’s case, working zealously for the most favorable outcome for our clients. We are dedicated to protecting your rights and your future. Contact us today online or by telephone at (951) 382-0493 to speak with one of our knowledgeable San Bernardino and Riverside drug possession lawyers. We offer free initial consultations, and our phone is answered 24 hours a day. All calls are returned promptly.
