In California, drug possession charges are managed differently than they were previously. The passage of Proposition 47 and the Adult Marijuana Act have changed the exact requirements for possession, trafficking and distribution charges. A drug possession lawyer in Torrance, CA can explain the laws more effectively and identify potential penalties.
The Effects of Proposition 47
Under Proposition 47, any individual arrested for possession could receive a misdemeanor charge instead of a felony. The quantity and type of drug in their possession define the classification of the possession charge. The changes in the law could prevent a defendant from facing distribution or trafficking charges.
Is Marijuana Illegal in California?
The use of marijuana in the state of California is legal if the individual is at least twenty-one years old. The quantity of the drug cannot exceed 28.5 grams or eight grams of concentrated forms of the controlled substance.
Individuals cannot smoke marijuana In any public locations or while they are driving. It remains illegal for anyone to possess marijuana at any location where children are present such as playgrounds, youth centers, or schools.
What Are the Major Differences After Prop 47?
The major difference is that all misdemeanor drug charges don’t lead to a prison sentence. All misdemeanor charges are punished by sentences at the local county jail. Small quantities of any controlled substances included in schedule I through V are punishable by the new laws.
What Defenses Are Used for Possession Charges?
The most common defense for the possession of controlled substances is a medical necessity. All the defendant must do is present a copy of their prescription or medication bottle to law enforcement to substantiate their claim. A legal prescription for medication such as opiates is used as a defense, too. Unlawful search and/or entrapment are also used as a defense.
In California, drug possession charges are applied according to the drug type and quantity. Today, more defendants are charged with misdemeanor charges if they have lower quantities on their person when they are arrested. All misdemeanors are punished through the county jail instead of the prison system. A defendant who needs help from a drug possession lawyer in Torrance, CA contact Shook & Associates Inc or click here for more information right now.
