Drug Possession

Drug possession is the crime of having illegal drugs in possession for personal use, distribution, sale, or otherwise. In California, the charge of drug possession is serious.

The seriousness of a drug possession offense depends on many things including – the drug in question, the quantity possessed, what other items are possessed with the drug (like firearms), and what the possessor intends to do with the drug.

The seriousness of a drug is measured by the “schedule,” or group, the drug falls under. In California, there are five schedules, or groups, listing every drug. Drugs found in the first schedule are the most dangerous while drugs found in the fifth schedule are the least dangerous. Tylenol is an example of a drug that belongs in the fifth schedule. Accordingly, an offender faces a harsher punishment if he is convicted of possessing a drug found in the first schedule compared to a drug found in the third schedule.

A person convicted of possessing drugs can face mandatory prison time. In addition, an offender can add years to his or her mandatory prison time for enhancements. An example of an enhancement is a prior conviction or possession of a firearm by the offender at the time of his or her arrest.

There are several alternatives to incarceration for those convicted of drug possession. One alternative is found in Proposition 36. Proposition 36 offers one year of drug treatment for offenders. Another alternative is to seek relief in Drug Court. Convicted offenders participate in a year-long program where they subject themselves to random drug testing and become involved in rehabilitation programs. Finally, another alternative is Deferred Entry of Judgment. In a Deferred Entry of Judgment, the offender pleads guilty and spends six months in treatment. If that offender remains arrest-free for a year, the drug offense charge is dismissed.

A drug possession charge can result in a conviction that will affect your future. You cannot afford to risk the rest of your life with an unqualified or cut-rate lawyer. If you are facing a drug possession charge, call the experienced criminal defense attorneys at Law Office of Doreen Boxer, Esq.. We can quickly evaluate your case, and advise you how to proceed. Call now – (949) 261-2700.