Illegal Possession of Drugs in California
There are some situations in which you are allowed to possess control substances, according to California law. Those situations are when your physician prescribes painkillers or marijuana for medical purposes. Remember you may have to face jail sentence for carrying, selling or using illegal drugs.
If you live in California, you must know that the law doesn’t allow you to carry, sell or use drugs like GHB, heroine and other types of opiate. Remember California law does not allow you to possess marijuana without a medical prescription and same thing can be said about controlled painkillers. You must also know that having more drugs than necessary for personal use can increase problems in your life.
There are various factors which determine penalties for illegal drug possession in California such as type and amount of the drug and your criminal record. If it is your first offense, you will not have to face harsh punishment. There is jail sentence of up to one year for possessing a controlled substance. There is a fine of one hundred dollars if you are caught carrying 28.5 grams of marijuana. You can have significant reduction in your sentence if you agree to diversion programs like drug treatment counseling. Remember, diversion programs are not for drug dealers. Possessing drugs with the intention to sell it can result in jail sentence of up to four years.
Proving the Case
Prosecutors always try their best to prove that you had control over the drug when the officer found it. They try to prove that you knew very well that holding such a drug is an unlawful act. Things suddenly become difficult for the prosecutor, if you were not aware of the presence of the drug on your property.
An experienced attorney can form strong defense. You should not face charges, if you are caught with a valid prescription. Your lawyer can formulate an effective defense strategy if you didn’t know the drug was in your possession or you did not know it was illegal to possess the drugs. But a strong defense strategy is only possible when you hire the services of a talented and experienced criminal defense lawyer.