Both legal and illegal drugs cause problems across the entire country. In addition, many state laws are designed to punish not drug dealers, but users, penalizing the people who most need our help. In California, a number of changes have been made to laws regarding drug legality, possession, and other aspects, leading to considerable confusion for residents of the state. If you are facing drug or narcotics-related charges, it is important that you find experienced legal counsel.
At Gasner Criminal Law, we have worked with clients facing a very wide range of drug and narcotics-related offenses, from simple possession to possession with the intent to distribute, and many others. We invite you to call us today at 415-782-6000 to discuss your case and learn more about how we can help.
California took a huge leap forward in 2014 with the passage of Prop. 47. However, while that legislation did a great deal to decriminalize many previous drug offenses, it did create considerable confusion in regard to drug possession, particularly to marijuana, which is decriminalized for recreational use.
For instance, while marijuana might be legal for recreational use, it is still illegal to smoke it while driving a vehicle. It is also illegal to smoke it in any public place, or where smoking tobacco is prohibited. It is also illegal to even possess marijuana in a daycare center, school, or other facility while children are present.
Possession charges for other drugs have also changed, with many previous felonies now being treated as misdemeanors. Today, California takes two distinct routes with drug and narcotic-related offenses. The first is simple possession. This is a misdemeanor that applies to possessing a small amount of a controlled substance listed on the Health and Safety Code. However, if the prosecutor believes that you intended to sell those drugs, it is possible that you might face charges of possession for sale or purchase for the purpose of sale.
With an initial offense and a simple possession charge, you may face up to $1,000 in fines and up to a year in jail, as well as community service. A second offense may require you to pay up to $2,000 in fines and serve up to two years in jail. A charge of intent to sell is actually a felony, and carries with it very strict penalties. You could face up to five years in prison, as well as very steep fines. If the drugs are transported between counties, it can add additional prison time to your sentence.
Adam Gasner has years of experience navigating California’s complex drug and narcotics-related charges, and can represent you in a court of law, helping to ensure the best possible outcome for your situation.
Call Gasner Criminal Law today at 415-782-6000 to schedule a free 60-minute consultation, or use our online form if you prefer.