Drug Possession in Pasadena: Will You Go To Prison

Although there is a general idea that California is “soft” on drug offense cases, this is not always true. How drug possession is handled in court will be based upon several facts, including:

• The type of drug
• The quantity of the drug
• Prior drug crime convictions on record

Drug Possession Laws in California: Marijuana and Other Controlled Substances

While possession of small quantities of marijuana has been decriminalized in California, this is not the case for many types of controlled substances. If you were found holding above the “threshold” quantity of certain drugs, you can be facing charges of possession with intent – a far more serious offense.

It is the task of your drug crime defense lawyer to address these issues, and the negotiations will often begin very early after an arrest. The prosecutor is intent upon achieving a conviction, and is backed up by the Pasadena Police, labs, investigators, and other professional resources. In order to “level the playing field,” you need a qualified criminal lawyer that has extensive experience at trial, and who has impressive negotiating skills. The cards are stacked against you if you are accused of possession of any of the following drugs:

• Cocaine
• Crack
• Methamphetamines
• Ecstasy (MDMA)
• Heroin
• Morphine
• Opium
• Illegally obtained prescription drugs

Prop 47: Misdemeanor Drug Crimes

Proposition 47 was passed by California voters. This law reduces simple drug possession to a misdemeanor. This law could benefit you – unless you are accused of being in possession with intent. In fact, many people who were sentenced to time in prison for simple possession now have the option to have the penalty reviewed, and may be released. Those with a serious criminal history won’t be eligible for resentencing under Prop 47. If you have a family member who is serving time for simple possession, connect with Pasadena criminal defense lawyer Richard S. Jacinto immediately to get the process of resentencing moving forward.

Marijuana Drug Possession Laws

In California, although it is true that possession of 28.5 grams (or less) of marijuana is an infraction, the law comes down with a heavy hand if the quantity of marijuana is higher. For possession of 28.5 grams or less, for a person over 18 years of age, when the possession was on school grounds, the penalty includes a $500 fine and 10 days in jail. For more than 28.5 grams found in possession, the crime is a misdemeanor with a potential 6 months in jail, with a maximum $500 fine.

If you give any quantity of marijuana to an individual between the ages of 14 to 17, you can be charged with a felony, with maximum prison time of 5 years, and if the individual given the marijuana is under 14 years old, the maximum sentence is increased to 7 years in state prison.

If you are found to be in possession of more than 28.5 grams of marijuana, you are likely to be charged with a misdemeanor, with a maximum sentence of 6 months.

If you are facing charges for drug possession, it is imperative that you are careful about every action you take going forward. First, do not admit to anything, and exercise your legal right to remain silent. Second, contact a seasoned drug crime defense lawyer to protect you. Your case must be handled with the utmost skill, from start to finish, if you hope to avoid jail or prison time.

Contact us and speak with our Pasadena criminal attorney Richard S. Jacinto to get immediate assistance.