Tag: legal implications

ARTICLE OVERVIEW: Been caught with drugs in the state of Mississippi? Not certain how the legal proceedings will go? We review laws, penalties, and basics for alternate sentencing like drug court and voluntary rehab.

Table of Contents:

• Zero Tolerance and Basics
• Specific Laws and Schedules
• The Legal Process in Mississippi
• Burden of Proof
• Sentencing
• Misdemeanor Possession
• Felony Possession
• Other Penalties
• Alternative Sentencing
• When to Contact a Lawyer

Zero Tolerance and Basics

Like much of the south, Mississippi has zero tolerance when it comes to their drug possession laws. Therefore, a drug possession charge is taken very seriously. Strong penalties go with convictions. Penalties for holding controlled substances depends on the amount you have on you. In Mississippi, possession charges are put into one of two categories. These include:

1. Personal Amount. Depending on the drug, you can only have so much on you for it to be considered a personal amount. For example, a personal amount of cocaine is considered less than one-tenth of a gram, or one dosage unit. In terms of Scheduled I and II CDS, once you possess more than one-tenth of a gram, you risk being charged with…
2. Sales of Controlled Substances in Mississippi. This is when authorities believe you’re either distributing or trafficking drugs. These penalties are always much more intense than that of a personal amount (see below for details).

Specific Laws and Schedules

There are two specific laws in Mississippi that cover the charges for drug possession and distribution: Ms. Code Ann. § 41-29-113: House Bill 1031, and Ms. Code Ann. § 41-29-115: Senate Bill 2379. [1] [2]

In Mississippi, a drug is referred to as a “controlled dangerous substance,” or CDS. Like other states, Mississippi classifies each drug according to a schedule. These are defined under MS. Code Ann. § 41-29-113 [3]. CDS Schedule I are considered to be the most dangerous drugs. So, getting caught in possession of these kinds of drugs will result in harsher penalties.

Drugs classified by schedule are as follows:

Schedule I Substances

• Synthetic cannabinoids
• Hallucinogens
• Opiates like heroin
• Opiate derivatives such as morphine

Schedule II Substances

• Amphetamines
• Depressants like barbituates
• Opioid pain medications like codeine, fentanyl, and hydrocodone

Schedule III Substances

• Anabolic steroids
• Ketamine
• Nalorphine
• Stimulants

Schedule IV Substances

• Certain depressants such as alfaxalone, barbital
• Certain stimulants such as cathine, phentermine

Schedule V Substances

• Certain prescription depressants
• Certain prescription stimulants

The Legal Process in Mississippi

Within the state of Mississippi, the stages of a criminal case work in 9 distinct steps. [4]. These The rules of criminal procedure in cases of drug possession are as follows.

1. Investigation

If police are suspicious of a crime, they’ll collect all the evidence they can on the crime scene. They’ll also interview witnesses. The length of investigations varies depending on the circumstance of the crime. However, most drug possession crimes don’t require much of an investigation considering the drug itself is all the evidence a police officer needs.

2. Arrest, Initial Appearance, and Bond Setting

Upon arrest, you’ll be taken to your town or city’s police headquarters. From there, you’ll immediately be placed before a judge to make an initial appearance. During this time, a bond will be set for your release.

3. Preliminary Hearing

If you aren’t able to pay the bond, then you’ll be entitled to a preliminary hearing. This might be referred to as a probable cause hearing. Through this, the court system will decide whether or not enough probable causes exists to convict you of a crime.

4. Indictment

Your case will then be brought before a grand jury. It should be noted, all that will be shown to this jury is the evidence the prosecutor chooses to present. During this time, you will not be able to defend yourself.

5. Arraignment

Not too long afterward, the Court will give your case an arraignment. During this time, you’ll be told your official charges and given the opportunity to inquire as to whether or not you need an attorney. From there, you’ll be asked to submit a plea to the charges and then the court will set an initial trial date.

6. Discovery

During this part of the legal process, you’ll now have the ability to file a motion for discovery. In order to do so, the State will produce all evidence to you. In turn, you’ll also be allowed to present evidence in your favor to the State.

7. Plea Negotiations

You may want to make a deal with the State and resolve the case before having to go to trial. Most people go through with a plea negotiation when they’re trying to reduce their punishment. There are many plea negotiations the state of Mississippi has to offer (see below). You’ll want to talk to your lawyer about the matter.

8. Trial

If there is no agreement made based on your plea, then you must go to trial. A trial usually begins with an opening statement by the prosecutor and attorney defending you. From there, the State will present its case by calling witnesses and introducing the evidence taken against you.

Then, you will have your opportunity to present your witnesses and evidence, proving your innocence. After your presentation, the State will go again against you. They bring back evidence they had shown prior. From there, the judge will tell the jury of all the laws applicable to your case. Then you’ll be offered a closing argument along with the prosecutor. And the case is finally submitted. The jury will come to its decision and you will receive …

9. Sentencing, if applicable

If you’re found guilty of a drug possession crime in the State of Mississippi, then you’ll receive a sentence. This is usually a separate hearing in which both you and the prosecutor will be allowed to present your evidence again. Furthermore, the Court may ask for a pre-sentence investigation, or PSI, which would be managed by a probation officer. This investigation will look into your background and determine whether or not the sentence is appropriate for your circumstances.

Burden of Proof

Under Mississippi law, the prosecutor must demonstrate specific elements in order to properly convict you. These elements include:

1. LEGALITY. The evidence that you were in possession of a controlled dangerous substance when you were arrested.

2. KNOWLEDGE. The evidence that you knew of the illegal nature of this controlled dangerous substance and you knew it was present at the time of your arrest.

3. CONTROL. The evidence that you had control over both the presence and location of the controlled dangerous substance.

Sentencing

Drug sentencing will entirely depend on your case. As mentioned earlier, Mississippi considers the schedule of the drug and how much of it was in your possession in order to determine your sentence. The higher the schedule and the more of a drug, the higher your penalization.

Still, the purpose of a trial is to figure out all the details surrounding the charges. A trial will paint a picture of the circumstances and, in turn, the idea is that you will be penalized accordingly. In order learn more about potential sentences, you’ll want to talk to a lawyer. Also, you may qualify for alternative sentencing (see below).

Misdemeanor Possession

When you’re charged with a misdemeanor, your punishment is taken less seriously than that of a felony. However, in the state of Mississippi, very few drug possession crimes are considered a misdemeanor. Typical misdemeanor penalties include:

• A fine of up to $1,000.
• Jail time between 6 months and 1 year.

What might be considered misdemeanor drug possession in Mississippi? If you have less than 30 grams of marijuana, then you’ll probably be charged with a misdemeanor. This is because marijuana has recently been removed from the list of Schedule I drugs in Mississippi. Also, if you’re caught solely with drug paraphernalia, you’ll also only be charged a misdemeanor. With any other drug possession crime, you’ll be charged with a felony.

Felony Possession

In the state of Mississippi, most cases of drug possession result in a felony charge. Levels of severity in the charge depend on your circumstances. People in possession of a Schedule I drug will end up with a more severe penalty than someone in possession of a Schedule V drug. Still, even just a personal amount of a top schedule controlled dangerous substance will land you a felony.

Typical punishments for a felony charge include:

• A fine of up to $10,000
• Prison time between 1 to 4 years.

Other Penalties

Often, you’ll find yourself facing other penalties due to your drug possession crime. The state of Mississippi decides on these crimes on a case to case basis. Due to this, it’s not entirely certain which penalties you’ll face for your crime. In order to get a better sense, you’ll want to talk to your lawyer. Other penalties for possession of a controlled dangerous substance include:

• Ineligibility to obtain certain employment.
• Ineligibility to obtain certain types of government employment.
• Ineligibility to qualify for certain types of college scholarship or financial aid.
• Ineligibility to qualify for public housing.
• Ineligibility to receive a state license or certification.
• Potential community service.
• Potential enrollment in drug treatment programs.
• Probation.
• Suspension of your driver’s license.

Alternative Sentencing

In Mississippi, you do have the opportunity to face alternative sentences [5]. It’s difficult for people with drug possession crimes to qualify for these considering Mississippi’s zero tolerance policy on controlled dangerous substances. Still, if you’re looking to reduce jail time and other punishments, it’s in your best interest to take a look at these.

In order to get a real sense of which alternative sentences you apply for, you’ll want to talk the matter over with your lawyer. Some options include:

1. Drug Court.

These specialized courts are used solely for drug offenders and their purpose is to reduce crime on the streets. [6] The idea is drug abusers will benefit more from rehabilitation rather than traditional punishments. Rehabilitation often includes supervised drug testing and treatment services. You’ll receive counseling, incentives, and must make consistent court appearances. If you successfully complete your drug treatment, then your charges will be dropped.

2. Non-adjudicated Probation

If you enter as a guilty plea, you might be offered non-adjudicated probation. This works like probation in the sense that you’ll need to pay fines and court costs, report to a supervising officer, and take regular drug tests. However, if you complete it all successfully, you’ll be discharged.

3. House Arrest – Intensive Supervision Program

Under very certain circumstances, people can avoid incarceration through house arrest. You must be screened and approved in order to qualify. If you are approved, you’ll have to wear an electronic monitor which checks to make sure you’re always in agreement with your curfew requirements. A house arrest will allow you to work, go to church and receive both medical attention and drug treatment. If you break your house arrest circumstances, you will be charged with further penalties.

4. Pre-trial Diversion

If you’re a first offender of a non-violent crime who wasn’t charged with drug sales or possession of a controlled dangerous substance with intent to distribute, you can qualify for a pre-trial diversion in Mississippi. Through this type of sentence, you’ll be placed on special probation where you must attend court on a regular basis. It should be noted, rules for pre-trial diversion vary from court to court.

5. Recidivism Reduction Program

Also known as RRP, this program aims to rehabilitate drug-offenders rather than incarcerate them. You can expect to be placed into a rigorous drug treatment program and receive important therapy.

6. Restitution Center

If you owe a good amount of fines, you might be sentenced to a restitution center while you’re on probation. This is where you’ll be educated of your crimes and the criminal system. You will also be monitored and aided in finding work.

When to Contact a Lawyer

Immediately upon your arrest, you should consider finding yourself a lawyer. Part of the reason is drug possession charges in Mississippi are taken very seriously and almost always have strong consequence. However, due to the fact that penalties vary from case to case, a lawyer will be able to figure out the best possible solution for YOU.

Can’t afford a lawyer?

Then the State will provide you with one as long as you qualify. If you do qualify, it’s important to take as much advice from this lawyer as possible for the sake of your trial. In order to get a real sense of which lawyers in Mississippi are best for your case, you should check out the Mississippi Bar Association and their member directory. [7]

Your Questions

Have more questions about drug possession laws in Mississippi?

Feel free to ask them in the comments below. If you have more information to share pertaining to these laws or advice about Mississippi’s legal system, we’d also love to hear from you. We try to get back to everyone in a prompt and personal manner.

Reference Sources: [1] Mississippi Legislature: House Bill 1031
[2] Mississippi Legislature: Senate Bill 2379
[3] Mississippi Code Ann. § 41-29-113
[4] Mississippi First Circuit Court: Mississippi Rules of Criminal Procedure
[5] State of Mississippi: Department of Corrections Records Handbook
[6] State of Mississippi: Drug Court Rules
[7] Mississippi Bar Association: MS Bar Association Lawyers

View the original article at addictionblog.org

ARTICLE OVERVIEW: Have you been caught in the possession of drugs in Massachusetts? This article presents common charges and penalties. Plus, we review how drug courts and rehab can help. 

TABLE OF CONTENTS:

• Basic Definitions
• Specific Laws
• Legal Process
• Burden of Proof
• Sentencing
• Misdemeanor Possession
• Felony Possession
• Other Penalties
• Drug Court
• Alternative Sentencing
• When to Contact a Lawyer
• Your Questions

Basic Definitions

Massachusetts is anything but lenient when it comes to their drug laws. First, drug classifications differ from federal scheduling. Second, Massachusetts courts decide how serious a drug possession crime is first depending on the class of the drug itself. Accordingly, there are three different types of charges law enforcement can give you:

1. Drug Possession, which is defined being caught with a personal amount of a drug on you.

2. Intent to Distribute, defined as holding enough of a drug to sell. The amount depends on the specific substance and how it is classified.

3. Drug Trafficking defined as holding enough of a drug to distribute on a large scale.

Under Massachusetts General Laws Chapter 94C, drugs are classified as certain types of controlled substances. These substances go from A to E, or more dangerous to less dangerous. Section 34 of this law, however, describes Rx drug use as illegal in the state. So, when you use a prescription drug without consent from a licensed physician or an illegal drug is known as a “controlled substance”[1].

Furthermore, Massachusetts has its own classification for controlled substances which differ from other states and the federal government. They are as follows:

• Class A Substances: Drugs in this category include heroin, morphine, ketamine, and GHB.
• Class B Substances: Drugs in this category include cocaine, LSD, ecstasy, amphetamines, PCP, methamphetamines, and prescriptions painkiller drugs such as oxycodone.
• Class C Substances: Drugs in this category include prescription tranquilizers and narcotics, diazepam, hydrocodone, mescaline, and psilocybin mushrooms.
• Class D Substances: Drugs of this category include marijuana and phenobarbital.
• Class E Substances: Drugs of this category include prescription opiates at lower doses such as codeine and morphine.

Specific Laws

Massachusetts General Laws Chapter 94C, Section 2: Establishment of schedules of drugs or other controlled substances

Massachusetts General Laws Chapter 94C, Section 32L: Possession of Marijuana

Massachusetts General Laws Chapter 94C, Section 34:Unlawful possession of a particular controlled substance

The Legal Process in Massachusetts

Before you receive sentencing, a court’s judge or jury must find you either guilty or not guilty for the crime you’re accused of.So, how does the court process work? What can you expect for your drug possession charges?

When you’re arrested, you’ll be read your legal rights. Keep these rights in mind as they can play a vital role in later court dates. However, you need to know that there’s potential you receive jail time, depending on your cases. With bigger charges, such as drug trafficking, you can expect to be in jail during this entire process. Your rights in Massachusetts are as follows:

• The right to remain silent.
• The right to the presence of an attorney while you’re under questioning. If you can’t afford one, you’ll be appointed one.
• The right to be considered for bail.? [2]

After being booked, you’ll be brought to a court where your bail will be set. If the court is closed, then the police will reach out to a bail magistrate who’ll give authority to release you or not. If you are released, you’ll have to pay a fine and your court date.This is known as your arraignment date.

During an arraignment, you’ll be read your charges and given the decision to either continue with the court or plead guilty. If you continue to press your innocence, you’ll then receive a pre-trial conference date.

Before you go to court again, you’ll need to talk to your legal defender. S/he will be informed about how to defend your on the day of your trial. They’ll prepare you to the best of their ability and, when the time comes for trial, they’ll defend you.

After going to a pre-trial conference date, you’ll receive your court date. Depending on your circumstances, you might have the ability to resolve your case during this time. However, most drug possession cases will not be waivered.

It usually isn’t until your trial will you will have the ability to properly defend yourself in front of a jury but also receive your verdict. A verdict is a final decision made upon your case where you’ll find out what charges you’re given.

Burden of Proof

Under Massachusetts law, when a charge is made placed against you, the prosecutor must establish the following elements. Without these elements, they will not be able to properly convict you. These include:

1. LEGALITY. There must be evidence that you were in possession of a controlled substance at the time of your arrest.

2. KNOWLEDGE. There must be proof that you were aware of the illegality of this controlled substance…and you knew of its presence.

3. CONTROL. There must be evidence that you were in full control over the controlled substance. This includes both its presence and location.

Sentencing

A drug possession sentence in the state of Massachusetts varies from case to case. As mentioned, Massachusetts courts decide how serious a drug possession crime is first depending on the class of the drug itself. A person with a Class A drug will receive harsher sentences than someone with a Class C drug.

Regardless of the class, as long as you have enough of a controlled substance, you can expect to receive at least some jail time.The least amount of jail time you can receive is through a misdemeanor. It should be noted that misdemeanors only apply to Class D and Class E substances, or if you’re caught solely drug paraphernalia.

All other drug possession cases usually result in a felony charge in Massachusetts.

So, if you’re caught with a Class A, Class B, or Class C controlled substance you can receive a felony charge. However, if you’re caught selling a Class D or Class E controlled substance, you’ll also be charged with a felony. No matter what you’re charged with, you may be eligible for alternative sentencing. See the section on alternative sentencing below for details.

Misdemeanor Possession

A misdemeanor charge is an offense taken less seriously than a felony crime. Therefore, punishments are also less serious too.As mentioned, when it comes to drug possession, misdemeanor crimes are when you’re caught with Class D or Class E controlled substances. Or when you’re caught only with drug paraphernalia.

Typical misdemeanor consequences in Massachusetts include, but aren’t limited to [3]:

• 6 months in jail
• A fine of up to $500
• License suspension for at least a year

Felony Possession

A felony charge is an offense taken much more seriously than a misdemeanor. Therefore, punishments are also taken more seriously.When it comes to drug possession, felony crimes are charged when you’re caught with a Class A, Class B, or Class C controlled substance. However, if you’re caught selling a Class D or Class E controlled substance, you’ll also be charged with a felony.

Typical felony consequences in Massachusetts include, but aren’t limited to:

• An average fine between $2,000 and $5,000.
• An average of 3 to 5 years in jail or state prison.
• License suspension for an average of 3 to 5 years.

Other Penalties

The penalties mentioned above aren’t all you’ll face for a misdemeanor or felony crime. Depending on your situation, you can be charged with other penalties. Furthermore, misdemeanor and felony crimes come with a list of penalties which won’t necessarily be vocalized in court. These include:

• Inability to obtain certain employment.
• Inability to obtain certain types of government employment.
• Inability to qualify for certain types of college scholarship or financial aid.
• Inability to qualify for public housing.
• Inability to receive a state license or certification.
• Possible community service.
• Possible drug treatment programs.
• Probation.
• Suspension of a driving license.

In order to get a clear sense of whether or not any of these penalties pertain to you, you’ll want to talk to a lawyer.

Drug Court

You may be eligible for drug court rather than a traditional court hearing. Drug courts seek out treatment rather than punishment for drug related crimes. Through rigorous drug treatment, people have the ability to learn about the roots of their drug problem. They are then given the opportunity to learn how to reverse these problems and, in turn, go on to live out a drug-free life.

In fact, a drug court is defined by superintended probation and necessary drug treatment along with random drug testing, all of which is supervised by a probation officer. [4] Drug courts have been proven to rehabilitate criminals. Nationwide, it’s estimated that 75% of people who graduate from a drug court don’t receive an arrest for at least two years after the program.

If you believe this is something you’re interested in, we highly suggest talking to your lawyer about checking your qualifications for a drug court. Not everyone is eligible. But, you may be! Or, call us to talk about your rehab options. A drug charge in Massachusetts might be just the wake up call that you need to turn your life around.

Alternative Sentencing

In Massachusetts, you have options for alternative sentencing. However, it’s important to note that you don’t have a decision when it comes to this. Just as with the other penalties you might face, your alternative sentencing is determined through the circumstances of your crime.

Still, it’s beneficial to take a look at these alternative sentences. If you’re only a first time offender, you might have the potential to avoid jail time. It’s vital you talk to your lawyer on this matter as s/he will provide you with the knowledge you need for applying for these alternative sentences.

1. Motion to Suppress

Do you feel as though evidence taken against you was obtained through illegal means? If so, then you can motion to suppress. Your eligibility depends on what happened when you were caught in possession of drugs. Often, the police will make an illegal encounter in order to get to the drugs. You’ll want to talk to matter over with your lawyer in order to see your qualifications.

2. Pretrial Diversion

Only those who are first-time nonviolent offenders are eligible to request a pretrial diversion. If this goes through, you’ll receive probation in which you’ll have to report to a probation officer monthly. You’ll also have to take random drug tests and, depending on your circumstances, you may have to do a certain amount of community service hours. You’ll avoid jail time as long as you don’t commit another crime. Even after you’ve completed probation, you risk jail time for committing a crime as it becomes a second offense.

3. Pretrial Intervention

This is very similar to pretrial diversion, except people who do have a criminal record are eligible to apply. It’s a probation period where you’ll have to report to a court on a regular basis. During this time, you’ll be asked to complete drug addiction assessments, evaluations, and even a treatment program.

4. Submit a Plea

If you’re seeking to complete your probation with as little consequence as possible, you’ll want to submit a plea. You might find difficulty in doing so as Massachusetts has strict rules regarding drug possession. To better understand your eligibility, it’s important to discuss the matter with your lawyer.

If all else fails, you can always go to trial. Though you still risk being found guilty, this is the final way for you to resolve your case.

When to Contact a Lawyer

You should consider contacting a lawyer immediately upon your arrest. As mentioned, Massachusetts has strict laws regarding drug possession and, without the right defense, you might face serious punishments. Not only does a lawyer have the ability to lessen these punishments but the right lawyer can give you opportunities such as a drug court.

When looking for a lawyer, you may assume all you need to do is make a quick Google search. Though this will reveal a list of great options, it’s in your best interest to take a closer look at each lawyer’s experience. For example, you’ll want to check out the Massachusetts Bar Association Directory. [5] This directory will provide you with every lawyer who has a license in the state of Massachusetts.

The importance of a lawyer is the fact that each person’s drug possession case differs. There are factors which can be accounted for in each circumstance. Therefore, a lawyer can pick apart these matters and properly defend you in front of a court of law.

What if you can’t afford a lawyer?

As long as you qualify for a public defender, then the state of Massachusetts will provide you with a public defender. You can expect this lawyer to offer legal advice, free of charge, prior to your court date.

Your Questions

This article aimed to offer you as much information on drug possession laws in Massachusetts as possible.

Still have more questions?

Feel free to ask them in the comments below. If you have more information to share about drug possession laws in Massachusetts, we’d also love to hear from you. We try to get back to everyone in a prompt and personal manner.

Reference Sources:[1] Massachusetts Legislature: Chapter 94C
[2] Mass.gov: Understanding the Criminal Court Process
[3] Boston University: State and Federal Laws and Sanctions Concerning Drugs and Alcohol
[4] Mass.gov: Drug Courts
[5] Massachusetts Bar Association Directory

View the original article at addictionblog.org

ARTICLE OVERVIEW: Have you been caught with drugs in California?  We describe the legal process here. Plus, a section on how drug courts and rehab can help.

TABLE OF CONTENTS:

• Specific Laws
• The Legal Process in California
• Burden of Proof
• Sentencing
• Misdemeanor Possession
• Felony Possession
• Drug Schedules
• Other Penalties
• Alternatives Like Drug Court
• When to Contact a Lawyer
• Your Questions

Basic Definitions

In California, what does it mean to be legally charged with drug possession? Basically, if you are charged with drug possession, it’s because you are either holding a substance either on your person, in your vehicle, or in your place of residence. The state of California recognizes two different types of drug possession:

1. Simple Possession is when you are carrying an illegal substance on your for your own personal use.

2. Possession for Sale is when you are carrying an illegal substance with the intent to sell to others.

Both crimes result in penalties, However, Possession for Sale is a much more serious offense.

Specific Laws

The Legal Process in California

When it comes to drug possession laws, how the legal process carries out depends on whether you are being charged for an infraction, a misdemeanor, or a felony. According to the California Criminal Justice System, the legal process typically follows these four basic steps: [5]

STEP 1. A Crime is Reported

In order for this entire process to start, a person first needs to break the law.

STEP 2. Arrest

Depending on witness information, you’ll be arrested by a police officer. This is usually followed by placement in a county jail, where you’ll have the opportunity to ask for and receive bail.

STEP 3. Prosecution

Your case will be heard in a state criminal court. In court, a county district attorney describes the charges and the evidence against you. Then, a judge or a jury will deliver a verdict and/or a sentence. Depending on your circumstances, you’ll either be found guilty or not guilty.

STEP 4. Corrections

Depending on the prosecution, you can receive a sentence for jail time, community service, fines, state prison, and/or other penalties. If you’re under the age of 18, your charges will differ from that of a legal adult.

If you’d like more information on the exact proceedings in the county in which you’ve been charged, you can find contact information on the State of California’s Department of Justice page.

Burden of Proof

The “Burden of Proof” is the legal presentation of evidence against you. In order for a California court to properly prosecute you for a drug possession charge, they must establish the following elements beyond a reasonable doubt. This includes evidence of the following:

1. The substance must be illegal. When you were arrested, the drug you were in possession of was seized by an officer and placed in an evidence storage room. In order for the court to properly prosecute you, they must have sufficient evidence that what you were holding was actually an illicit substance.

2. You must know that the drug is illegal. In order to be properly prosecuted, you must have actually known or should have known that the substance you were in possession of is illegal.

3. You must be in control of that drug. There must be evidence that you were had full control over the illegal substance. There are cases where people are holding an illicit substance and had no idea.

Sentencing

Q: What kind of sentencing can you expect for a drug possession charge in California?

A: It entirely depends on your situation.

In fact, it’s difficult to pinpoint exactly what kind of sentencing you can expect. A lawyer can be of great help, as they can get a sense of your circumstances. Further, you may be eligible for drug court. If you are struggling with drug addiction, ask about drug court. California drug courts help people receive treatment for addiction…rather than punishment for possession. More on this below.

Still, there are some general standards in sentencing. People who are in possession with intent to sell can expect to receive a higher penalty than those simply in personal possession. In fact, people who are caught with drugs for personal use will only be charged with a misdemeanor under the Proposition 47 law. Even more so, certain drugs like marijuana have now been legalized in the state. This means that those in possession of marijuana will not be prosecuted unless they are holding more than 28.5 grams. After that amount, it becomes illegal under Proposition 64 and you’ll be charged with drug trafficking.

Misdemeanor Possession

Most of California’s drug laws are more lenient than that of other states. For example, many people are getting their prior marijuana possession charges expunged due to the new laws. In California, three charges exist for drug possession:

1. An infraction
2. A misdemeanor
3. A felony

In the Golden State, all personal drug possessions are charged under a misdemeanor. These are crimes with less seriousness than felonies and, in turn, have less severe penalties. If you’re charged with a first-degree misdemeanor, you’ll receive the following penalties:

• A fine of up to $1,000.
• Up to 6 months of jail time.

It should be noted, people who are only receiving a misdemeanor for their drug possession charges will have the opportunity to testify in a drug court. [6] These are specialized courts which offer alternatives to traditional punishments. More specifically, drug treatment and rehabilitation options. You can find out more below.

Felony Possession

In the state of California, there are 3 degrees of felonies. What the penalties for these felonies are depends on the crime. One way to better understand the severity of the charge is to identify the drug’s schedule. You can get a feel for possible penalties by either discussing the matter with a lawyer or going to court and finding out the judge’s verdict.

If you are caught in possession of drugs with the intent to sell OR break specific laws while in possession, you will be charged with a felony. Many times, felonies will result in a large fine, an average of $5,000 to $10,000, and a prison sentence between 2 to 20 years. These specific laws include situations such as:

• Aggravation or threatening of violence.
• Consuming illicit drugs on or near school property.
• Sharing illicit drugs with a minor.

In most states, each felony class will have a fixed set of punishments. However, in California, things are done a bit differently. Instead of a fixed punishment, California gives judges the freedom to decide a proper punishment based upon the defendant’s crime.

Drug Schedules

Legally speaking, there are five “schedules,” or drug classifications, which are designed to rank a substance in terms of how dangerous it is and its likelihood of abuse. Schedule I drugs are considered very dangerous. Possession of schedule I drugs in California can lead to the strictest of possible penalties or sentences. Possession of Schedule V drugs is considered less dangerous. The main drug schedules are as follows:

Schedule I. The drugs with the highest potential for abuse and are seen to have no accepted medical use.

Schedule II. The drugs considered the second highest for abuse and have some accepted medical use. Usually, with very severe restrictions.

Schedule III. The drugs with some potential for abuse and have accepted medical use. Medical professionals would consider their potential for physical dependence to be low and moderate while they have a high psychological dependence risk.

Schedule IV. Even lower chance of abuse than the prior and have accepted medical use.

Schedule V. The lowest chance of abuse and have accepted medical use. There remains some chance of both a physical and psychological dependence appearing, however, it’s very limited.

Other Penalties

Besides fines and jail sentences, drug possession charges in California often have consequences which can be lifelong. Again, these penalties all depend on your situation. In addiction, the following penalties are also possible during sentencing for drug possession:

• Inability to obtain a state license or certification.
• Inability to become eligible for public housing.
• Inability to obtain certain employment.
• Inability to obtain some types of government employment.
• Inability to obtain scholarships and financial aid.
• License suspension, especially if you’re caught with possession in a vehicle.
• Probation.

Alternative Sentences Like Drug Court

When it comes to drug possession, the California State judicial system is forgiving. This is due to the fact that a drug dependence or addiction is also seen as a mental illness. Instead of facing jail time, you could find yourself in a rehabilitation center. This is the case when evaluating:

• The person’s needs.
• The person’s guilt or innocence.
• The specific laws which apply to the charge(s).

So, if you were only in possession of a personal amount of an illicit substance, you may qualify for a drug court. These are specialized courts designed to replace traditional punishment with treatment. Instead, drug courts in CA seek to rehabilitate you through 30, 60, or 90 day programs. It’s in California’s best interest to reverse criminal intent related to drug use and, therefore, there’s potential for you to trade in your jail time for something with a positive impact. In order to see if you apply for a drug court, you might want to speak to a lawyer.

Other Alternatives

In California, there are other options you can seek after receiving a drug possession charge. The following are legal arguments you may want to make at certain points during your prosecution. In order to make sure these arguments are effective, you might want to discuss it over with a lawyer.

1. Pretrial Diversion

You can only receive a Pretrial Diversion if you are a first-time offender of a nonviolent crime. It can be looked at as probation in which you must be accepted and will be responsible for:

• Drug tests
• Cannot commit further crimes
• Community service
• Reporting monthly to a supervising officer

2. Pretrial Intervention

Similar to a Pretrial Diversion, a Pretrial Intervention is set up for those who do have prior criminal offenses and seek out probation. If you’re accepted into this program, you will be responsible for:

• Not committing further crimes
• Drug addiction assessments and evaluations
• Drug treatment and rehabilitation
• Obey specific rules set out by court
• Regular court appearances

3. “Motion to Suppress”

Depending on your situation, you might have the opportunity to request a “Motion to Suppress”. This is when evidence is illegally obtained and, due to this, your case is automatically dismissed. Since many drug arrests are based on police’s speculation, there are often times where encounters become illegal. In order to get a true sense if your situation qualifies, you’ll want to talk over particular facts with a lawyer.

4. Submission of a Plea

For some individuals, it’s in their best interest not to receive jail time nor drug treatment. To instead carry on with their lives with as little consequences as possible. When you submit a plea, you’re negotiating a minimal probation sentence.

5. Go to Trial

You might not be guilty of the drug possession charge currently attached to your name. If so, you might want to go to court and plead innocence. Not only will you hold the potential to resolve the case, but you might even win something from the state.

When to Contact a Lawyer

Hiring a lawyer may or may not be in your best interest. Upon your arrest, you’ll have a general sense of how serious your drug possession charge is. Since each case is so unique and since California penalizes crimes on a case-to-case basis, a lawyer may be in your interest. S/He will have the ability to investigate these unique circumstances and fight for your best outcome.

However, you might not be able to afford a lawyer. If this is the case, you’ll want to see if you qualify for a public defender. In essence, these are free lawyers who provide legal advice which you can use to defend yourself.

Your Questions

Still have more questions concerning drug possession laws in California? If so, feel free to post them in the comments sections below. If you have further information regarding these laws or advice to give to people who have broken them, we’d also love to hear from you. We try to reply to each comment in a prompt and personal manner.

Reference Sources: [1] Adult Use of Marijuana Act (Proposition 64)
[2] California Legislative Information: California Law Code 11350 HS
[3] California Department of Corrections and Rehabilitation Proposition 47
[4] California Legislative Information: Uniform Controlled Substance Act|
[5] LAO: California’s Criminal Justice System
[6] California Courts: Drug Courts

View the original article at addictionblog.org