Being arrested for drug possession is a frustrating process, especially since drug laws are changing and some drugs are becoming viable for more mainstream uses. As such, you might have been arrested with no ideas about the current drug possession laws in California.
Lucky for you, you don’t have to accept the charges and the jail time that often comes with drug possession. By staying away of California laws and getting legal counsel for your case, you might be able to reduce or dismiss your charges.
Possession of Marijuana
With California’s Proposition 64, much of the recreational use of marijuana has been decriminalized. While it’s still illegal to smoke in public locations, driving, or around schools, California citizens are allowed up to 28.5 grams of marijuana at a time.
However, what if you were arrested for having more than this, or for having more than the allowed eight grams of concentrated marijuana? In these cases, you could receive up to six months in jail and up to $500 in fines.
While this may seem muchless serious than it could be, there are many reasons why you might have carried just over the maximum amount, and you could fight against these charges. Jail time can affect your life in a negative manner, so be sure that you fight back to keep your record clean.
Effects of Prop 47
In 2014, California made major changes to their drug possessions laws that could affect your case, if you were accused of possessing drugs other than marijuana. Under Proposition 47, the penalties for drug possession are not so high as they once were.
Depending on the type of drug you were in possession of and the amount of those drugs, your case might be a misdemeanor, rather than a more serious charge as it might have been before. If you were accused of drug possession for certain narcotic, opiates, and hallucinogens, speak to a lawyer about your case. You could see a sentence reduced based on what you were accused of.
Defenses Against Drug Possession Charges
It may seem that they’ve already got you, but keep in mind that these laws could help you, and that drug possession charges can be fought.
Below are some of the most common defenses that a lawyer might use to defend your case in court:
- Inappropriate Conduct by Police – The police don’t always act in the lawful, appropriate manner they should. In your case, the search and seizure of the drugs in your possession may not have been lawful, and your case could be dismissed on these grounds.
- Medical Necessity – In the case of marijuana, you might be in possession of a larger amount because of your doctor’s orders. Like other medications, this is a regulated amount, and by bringing evidence from your doctor, you may have your case dismissed.
- Inaccurate Lab Results – You may have gotten a higher sentence for being in possession of a larger amount or higher concentration of drugs than you should have, and your lawyer can use this to have your case reduced or dismissed.
Fight Back Against Drug Possession Laws
Drug possession is a serious charge, even though laws are changing, and you could get jail time and hefty fines for these charges. You must fight back, and lucky for you, the newer laws could help your claim.
If you’ve been arrested for drug possession and you need help with your case, don’t hesitate to contact a lawyer for help. You need help getting your charges dropped or reduced, and this is often tough alone. While the major changes to California law might make it difficult to fight back alone, you have a chance to clear your record.