In California no one is allowed to possess any controlled substance like a narcotic drug, hallucinogen or a stimulant, as defined by the California Codes, unless it is prescribed by licensed physician. Drugs like Cocaine, Heroine, Methenphetamins, Crack, and even Marijuana (except pursuant to California Health & Safety Code §11362.7 et al.), as well as others, are strictly forbidden. Likewise, prescription drugs like Vicodin and Oxycodoone, are also not allowed unless the person in possession also has a valid prescription from a medical doctor. Most drug offenses in the State of California are now felonies.

Likewise, no one is allowed to possess for sale any controlled substance like a narcotic drug, hallucinogen or a stimulant, as defined by the California Codes. Whether the possession is for sale or for personal use is determined by looking at many factors, such as the amount of the substance, the way it was packaged, whether any scales, pay/owe sheets, ledgers, notes, or communication devises were also found and are associated with the controlled substance. If a person is found to be carrying or driving with these substances, he or she may be charged with transportation or trafficking of a controlled substance.

Possession of a Controlled Substance: No one is allowed to possess any controlled substance like a narcotic drug, hallucinogen or a stimulant, as defined by the California Codes, unless it is prescribed by licensed physician.

In 1996, California voters passed Proposition 215, which allowed the use, transportation and cultivation of marijuana for medical purposes for patients and care givers. This is commonly known as the Compassionate Use Act. In 2003 Senate Bill 420 was passed to expand and to shed light on the Compassionate Use Act. It has been codified in the California Health and Safety Code Sections 11362.7 et. al. It specifically states that medical marijuana patients may have in their possession up to 8 ounces of dried usable marijuana and up to 6 mature or 12 immature or juvenile plants. Moreover, if the treating physician feels that the patient requires additional dozes of medicine, over and above the 8 ounces allowed, it is now legal for the treating physician to prescribe more. Although SB 420 is a great step forward in making the use of marijuana legal for medical purposes, it still leaves many areas vague and open to interpretation by the police and by the court system. Many patients are still getting arrested for possession, possession for sale, transportation, and for cultivation even after presenting copies of their medical marijuana prescriptions to the police.

This area of the law remains unclear to this day. Not only are California laws not clear enough, the Federal system still prohibits and prosecutes people for possession, transportation cultivation, and sale of marijuana.

If you have been charged or under investigation for committing a drug related offense, whether possession for personal use or for sale, please call us to set up an appointment for a FREE CONSULTATION so we can assess your particular case and provide you with the best legal advice on how to proceed. Please allow us to offer you the assistance and support of a law firm that has extensive experience with the State court system throughout the Los Angeles County area as you face this most unfortunate experience. We are solely a Criminal Defense Law Firm. That is all we do and have done since our inception.

EARLY INTERVENTION BY COUNSEL IN KEY TO A PROPER DEFENSE

It is extremely important to have an experienced and knowledgeable attorney begin working on your case as early as possible. Critical issues, such as how your particular case will be filed and what charges will be leveled against you, are decided, many a time, very soon after your arrest or during the investigatory period. Early intervention gives us an opportunity to potentially reduce or dismiss either felony or misdemeanor charges against you before the first court date.

Over the years we have successfully represented many clients charged with various drug related crimes described above. We have observed that the longer one postpones in hiring counsel, the greater the problem may become.

Please feel free to call for an initial FREE CONSULTATION in our office, or in the privacy and convenience of your own home, during which we can explore how best to defend and resolve your case. Our 24-hour telephone number is (818) 205-1555.