How a Conviction for Drug Possession in California Can Affect You
A conviction for drug possession in California can place you in the position of severe legal repercussions. In the simplest terms, this type of charge can mean facing some serious jail time and harsh penalties.
A Conviction for Drug Possession in California Is Serious
Even after the adoption of Proposition 47 in California, the conviction for drug possession, or a controlled substance, is generally considered a misdemeanor offense – one that carries a sentence of at least one year in county jail. If you’ve had a previous conviction, you’ll normally face a felony charge or a lengthier sentence…
Under Proposition 47, drug offenses for cannabis, classified under sections 11350 and 11357(a), under the Health and Safety code, carry one-year jail sentences. As noted, if you’ve had a prior conviction, the new misdemeanor provision usually does not apply.
Classifications of Controlled Substances
Six schedules of controlled substances are classified for law enforcement purposes. Briefly, they are listed, as follows:
- Schedule 1 drugs include the most addictive substances, such as opiates and cocaine.
- Schedule 2 drugs comprise morphine, opium, and similar narcotics.
- Schedule 3 drugs consist of anabolic steroids and pentobarbital, as well as like substances.
- Schedule 4 drugs include a variety of prescription drugs, such as zolpidem and diazepam.
- Schedule 5 drugs make up prescription drugs that are less controlled, such as low doses of codeine.
The schedule for a drug has to do with its addictiveness and use for medical treatment. Therefore, higher-class drugs, such as Schedule 1, are the most addictive while Schedule 5 drugs may include over-the-counter medicines, and therefore do not pose as great of a threat for addiction or abuse. The criminal code treats drugs, like methadone (meth), as a controlled substance, within the above schedules. It is listed as a scheduled drug for drug enforcement purposes.
According to the Diversion Control Division of the Department of Justice (DOJ), substances under Schedule 1 usually don’t have any use for medical therapy and therefore are deemed highly dangerous.
What the Prosecution Must Show
For a prosecutor to show that you’re guilty of drug possession in California, he or she must prove, beyond a reasonable doubt that:
- You were in possession of a controlled substance;
- You did not have a proper prescription for the drug;
- You knew of the drug’s presence; and
- You possessed a usable amount – not residue.
If the prosecution cannot show any of the above circumstances, the court normally will dismiss the case.
Drug Possession – Types of Charges
Law enforcement may charge you with possession in one of three ways:
1. Actual Possession of Drugs
This is the charge usually made when a person is charged with drug possession. The drug is physically on his or her person – such as their purse or in their pocket.
2. Constructive Possession of Drugs
This type of charge is less clearly defined. Law enforcement officers may charge you with this offense if the drugs are found somewhere – in close access. Therefore, law enforcement officers may find the drug in your car, a gym locker, or beneath a piece of furniture, such as a sofa cushion.
When this happens, the prosecution must demonstrate that the substance was within your control, or that you could gain access to the drug quickly so you could use it or possess it.
3. Joint Possession of a Controlled Substance
Joint possession of a drug represents an extension of actual and constructive possession. As the name suggests, two people own or possess the substance. This type of possession occurs when the parties have the substance in a shared space. You may also be charged with joint possession if you and the other party pool money to buy the drug.
The Consequences of a Conviction for Drug Possession in California
With respect to drug possession, Proposition 47 only applies to people who do not have prior convictions for violent crimes or who are not registered as sex offenders. Therefore, you may be charged with a misdemeanor or a felony, depending on your particular case. This means you can spend several years in jail.
After you pay restitution for a drug charge, you may find it hard to get a job, obtain financial aid, or find a place to live. Some offenders lose their parental rights or, if they’re green card holders, may be deported.
1. Difficulties in Getting a Job
Once you’re convicted of drug possession, you may find it difficult to get employed. If you’re required to undergo a background check, that will usually end your ability to get specific employment. You also cannot receive a security clearance if you wish to work for the government.
2. Issues with Finding Housing
Many offenders find it difficult to lease an apartment after they receive a drug conviction. Landlords, who run a background check, may decide against renting to you.
3. Problems with Getting Financial Aid for College
If you’re in college and get charged with drug possession, it may prevent you from getting your degree. That’s because a conviction can cut off financial aid.
4. The Loss of Parental Rights
If you get a drug conviction, it can prevent you from gaining custody if you go through a divorce. In some instances, you might lose custody if you’re the custodial parent. In these instances, courts typically try to get the custodial parent into a treatment program if substance abuse is an issue. In either case, you can lose your parental rights if you abuse and possess illegal substances.
5. Deportation, If You Hold a Green Card or Visa
Maybe you’re living in the U.S. on a visa or green card. If so, your privilege may be revoked if you receive a conviction for possession or drugs. If the conviction is a felony, the U.S. government may revoke your visa and green card and order deportation.
Drug Diversion Programs – How They Work
The idea behind Proposition 47 was to offer treatment for drug offenders instead of prison time. Therefore, you may be eligible, in some cases, to enter a diversion program. If you receive a misdemeanor for a first offense, you typically will qualify.
If you enter a drug diversion program, you’ll plead guilty to a drug possession charge and the sentencing will be delayed while you enter drug treatment. If you meet these requirements, the court will normally dismiss your sentence.
If you want to avoid a conviction for drug possession in California, you need to talk to an attorney who specializes in drug cases. He or she can help you if they can show you had a valid prescription or that you were not aware of the presence of drugs.
In some cases, they can show the search and seizure for the drugs was illegal or the controlled substance was not yours but belonged to someone else.
Who to Contact in Los Angeles about Your Drug Possession Defense Case
Every legal case involving drug possession is unique. To discuss your case right away, contact Jance M. Weberman to schedule a consultation. Call the legal firm at (213) 386-9100 today.