Drug Possession Crimes
Under both Federal and California law, it is a crime to manufacture, import, possess, use, sell or distribute certain drugs and medicines without legal authorization or a physician’s valid prescription. Drugs controlled by the government are classified and regulated under the Federal Controlled Substances Act and the Uniform Controlled Substances Act, which has been adopted by all 50 states. Controlled substances include narcotics, stimulants, hallucinogens and steroids, in addition to other types of street drugs and pharmaceuticals.
California’s drug laws are derived from the California Uniform Controlled Substances Act and regulated under the state’s Health and Safety Code.
Common drug crimes are violations of the Health and Safety Code. They range from minor infractions to misdemeanors or felonies, which are punishable by fines and possible imprisonment. Conviction for drug crimes can also result in forfeiture of property and vehicles, in addition to negative consequences associated with employment, housing, government benefits, driving, education and immigration.
California’s drug laws are derived from the California Uniform Controlled Substances Act and regulated under the state’s Health and Safety Code. Common drug crimes are violations of the Health and Safety Code. They range from minor infractions to misdemeanors or felonies with fines and possible imprisonment for convictions. Conviction for drug crimes can also result in forfeiture of property and vehicles in addition to negative consequences involving employment, housing, government benefits, driving, loans, education and immigration.
Other states such as Washington and Colorado have legalized marijuana for recreational use, but California has not. In California it remains a crime to possess marijuana, even in some cases after a recommendation has been made and while in possession of a valid Medical Marijuana Card. Reasons for an arrest or citation while in possession of a valid Medical Marijuana Card could include, but are not limited to: possession of marijuana not in the proper container, possession of medical marijuana prescribed to someone else, possession of an amount of marijuana in excess of what is allowed by SB 420, medical marijuana use in violation of locations prohibited by SB 420, possession of medical marijuana within a state other than California, purchase of medical marijuana from an unauthorized collective, and cultivation of marijuana in excess of the statewide guideline established by SB 420. Additionally, possession of medical marijuana – with or without a medical marijuana card – is illegal on federal park and federal forest lands in California.
In Orange Court, police and prosecutors treat drug crimes seriously. In light of the potential consequences, including the collateral consequences, it is critical that individuals facing drug crime charges in Orange County seek experienced legal counsel to explore all possible defenses and to determine if the police obtained their evidence lawfully. Without seeking legal counsel from an attorney with experience in the field of drug crimes, individuals charged with use, possession, manufacturing, distribution, or sale of illegal drugs are at risk of facing harsher penalties. It is extremely important to urgently seek legal help in the even you are charged with a drug crime.
If arrested for an alleged drug crime, immediately contact California Criminal Defender Lauren K. Johnson to ensure the best defense.