Being charged with drug possession with intent is more serious than being charged with simple drug possession. Law enforcement officers may charge you with drug possession with intent if they find the following:
• A large amount of a controlled substance in your possession
• Tools such as scales or plastic bags in your possession
• A sizeable amount of cash in your possession
• Weapons on your body or in your car or home
• Evidence of heavy foot traffic in and around your property
Your defense lawyer can challenge your possession with intent to sell charge by disputing the number of drugs found in your possession or questioning the lawfulness of the search of your home or car.
California state possession laws include two categories: simple possession and possession with intent to sell. California law separates offenses related to controlled substances from crimes related to marijuana. State law also separates violations related to phencyclidine and methamphetamine.
The California Health and Safety Code regulates the substances for which an individual can be charged with possession for sale. You can be charged with simple possession if you are caught with an unlawful narcotic in your possession. You can be charged with possession for sale if the courts believe you were engaged in drug dealing activities.
Penalties for drug possession charges vary greatly depending on the drug type, the amount found in your possession and the purpose you had for the drugs in your possession. In 2014, sentences for drug possession changed when California residents passed Proposition 47. This law states that many drug possession offenses can only be charged as a misdemeanor. Further, the law allows individuals already serving time in prison for drug possession offenses to petition the court for resentencing or sentencing leniency.
In 2016, California voters passed Proposition 64, decriminalizing recreational marijuana use. The law states that adults over the age of 21 may buy, possess and consume up to 28.5 grams of marijuana. Marijuana must be consumed in a private residence or in another licensed facility to be lawful. Using marijuana in public or while operating a motor vehicle is still illegal. Further, possessing or using marijuana on the grounds of a daycare center, educational facility or youth center while children are present remains illegal. Additionally, individuals are permitted to grow a certain amount of marijuana within a private residence. Medical marijuana use remains lawful as long as it is authorized by a medical professional.
Even if you have been charged with a drug offense in California, you still have certain rights. You have the right to fight the charges against you in a lawful trial and maintain representation in all legal proceedings. At Zentz Law, we are committed to helping defendants navigate the complex California legal system. Our team of lawyers can assist you in filing pretrial motions, gathering evidence and preparing a defense for a trial. It is possible to get an order from the court to suppress the admission of specific evidence into court consideration. Limiting the amount of evidence against you is a primary concern, and we want to ensure your constitutional rights are maintained during all stages of the process. Our attorneys will work to get the best outcome in your case. Whether you want to accept a plea bargain or defend yourself in front of a jury, we can advise you of your rights and provide you with the most comprehensive representation possible.
If you are fighting San Diego drug charges, you need to hire an experienced defense attorney. Our legal team is experienced, knowledgeable and committed to ensuring all of our clients are defended adequately before and after trial. You do not need to fight your legal battle alone.
Contact Zentz & Zentz today for assistance. We take simple drug possession, possession for sale and drug tracking cases. Don't risk your family's future by fighting the charges without an experienced attorney by your side. Call us today to receive a no-obligation quote.
