Los Angeles Drug Possession Attorney
The Hurwitz Law Group has one of the most successful track records of any defense firm in California, and we’re here to represent the rights of those charged with drug possession in Los Angeles. Contact the Hurwitz Law Group today to schedule a consultation with one of our attorneys.
Drug possession can lead to misdemeanor or felony charges, depending on the type of drug involved in an arrest, the quantity of the drug, and the offender’s intentions. Small amounts of drugs for personal use may lead to fines or misdemeanor charges, while possession with intent to distribute is a felony and entails harsher penalties. California has been a battleground state when it comes to drug legislation in the United States, most notably after the state’s residents voted to legalize medical cannabis. Now, the marijuana laws in the state have grown even more relaxed.
Many adults in California consume marijuana for recreational or medicinal purposes, so it’s important to understand the laws surrounding drugs possession in L.A. Anyone facing drug possession charges needs a reliable drug possession lawyer to navigate the legal process and avoid unjust penalties.
California Drug Possession Laws
The California Health and Safety Code Section 11350 contains specific laws and penalties regarding controlled substances, which are any substances subject to government control and regulation due to their potentially dangerous nature. The federal government classifies known drugs based on their potential for abuse, adverse side effects, and intended uses. Anyone carrying a controlled substance without a legitimate medical prescription is subject to an arrest for drug possession.
One of the most common reasons for a drug possession arrest is marijuana possession. California voted to approve medical marijuana in the state, and medical marijuana dispensaries are prolific in Southern California. Only medical marijuana cardholders may visit and make purchases from dispensaries, but the state has relatively relaxed laws concerning marijuana possession without a medical card. The Adult Use Marijuana Act allows non-medical users of cannabis to keep and cultivate up to six marijuana plants for personal use. Residents may also possess up to one ounce of dried cannabis flower or eight grams of cannabis concentrate.
Possession of 28.5 grams or more of marijuana is a misdemeanor and can result in up to six months in prison and up to $500 in fines, or both. Anyone over the age of 21 found in possession of up to 28.5 grams of marijuana on school grounds is subject to misdemeanor conviction, 10 days in county jail, and up to $500 in fines. Possession with intent to distribute will lead to a misdemeanor conviction punishable by up to six months imprisonment and up to $500 in fines. Sale or delivery of marijuana by a person over the age of 18 to a person younger than 18 is a felony, punishable by up to three years in prison if the younger person was 14 to 17, and up to seven years in prison if the younger person was younger than 14.
Other controlled substances such as heroin, cocaine, and methamphetamine have no quantity restrictions when it comes to drug possession charges. Any amount will lead to a misdemeanor or felony charge for possession of a controlled substance, depending on the type of substance and amount in possession. It’s also important to remember that California allows the police to arrest for drug possession if the accused had access to the drugs in question, even if the drugs were not present on his or her person at the time of arrest. Some examples could include a car’s glove compartment or a gym locker.
Fighting Possession Charges
A drug possession charge can mar your personal record and make it difficult to enter some schools or secure certain types of employment. When this happens unjustly, you need a reliable drug possession lawyer to help you.