With a few exceptions, possession of a controlled substance is now a misdemeanor thanks to the passage of Prop 47 in 2014. That doesn’t mean that you shouldn’t speak to a lawyer if you’re charged with possession. Even a misdemeanor on your record can have lasting impacts such as effects on job applications, and the possible requirement to register with law enforcement as a narcotics offender. Contacting a lawyer to discuss drug possession charges is important, and it’s important to do it sooner rather than later.
The law provides several means for people found to be in possession of drugs to seek treatment and potentially have the case dismissed as a result. The Compassionate Use Act and Medical Marijuana Program have further altered the landscape of “controlled” substances in California. While still prohibited under Federal law, in California, there is greater leniency with respect to how cannabis may be possessed and consumed. Be aware, however, that there are still restrictions on it.
Being charged with being under the influence of a controlled substance is a charge often seen alongside possession. Covered under Health and Safety Code section 11550, there are several specific drug types that are prohibited. Even if you have one of these in your system, jail is not necessarily the only option in a criminal case. The same programs available for drug possession may be available to you here as well, which also means that successful completion could result in dismissal of your charge.
As with anything, the outcome depends on the facts of every particular case. Talking with an attorney is a good way to get an idea of what your options could be. If you find yourself in this position, give me a call to set up an appointment to discuss your options further.