Drug Possession
Wednesday by: DoreenA charge of drug possession for personal use requires the following to be true:
a) Defendant’s knowledge of the controlled substance’s presence; and
b) Defendant’s knowledge that the substance is indeed a controlled substance.
Possession may be classified as either actual or constructive possession. Actual possession indicates that a defendant knowingly has direct physical control over a controlled substance. Constructive possession indicates that the defendant has the right to exercise control over the controlled substance, either directly or indirectly. Constructive possession can be found even when control is shared with another person, whether or not that person is charged with the same crime.
In order to prove drug possession, the prosecution must prove that:
1. The person exercised some type of control over the controlled substance;
2. That person knew of the controlled substance’s presence;
3. He/she knew that it was a controlled substance; and
4. The substance was in a sufficient amount to indicate the necessity of control.
The punishment for possession of a controlled substance is imprisonment in a county jail up to one year or in a state prison. A first offense may have an additional fine of at least $1000 or a term of community service. A second offense and each subsequent offense is punishable by a fine of at least $2000 or a term of community service.
The punishment for possession of marijuana is different than the punishment for other controlled substances. It normally includes imprisonment in a county jail up to one year and/or a fine up to $500 or imprisonment in a state prison. If the recovered amount of marijuana is less than 28.5 grams, then the crime is a misdemeanor, punishable by imprisonment in a county jail up to six months and/or a fine of up to $100.
A new proposition sends drug offenders to treatment programs instead of prison whenever possible and feasible. This proposition generally applies to:
a) Defendant’s knowledge of the controlled substance’s presence; and
b) Defendant’s knowledge that the substance is indeed a controlled substance.
Possession may be classified as either actual or constructive possession. Actual possession indicates that a defendant knowingly has direct physical control over a controlled substance. Constructive possession indicates that the defendant has the right to exercise control over the controlled substance, either directly or indirectly. Constructive possession can be found even when control is shared with another person, whether or not that person is charged with the same crime.
In order to prove drug possession, the prosecution must prove that:
1. The person exercised some type of control over the controlled substance;
2. That person knew of the controlled substance’s presence;
3. He/she knew that it was a controlled substance; and
4. The substance was in a sufficient amount to indicate the necessity of control.
The punishment for possession of a controlled substance is imprisonment in a county jail up to one year or in a state prison. A first offense may have an additional fine of at least $1000 or a term of community service. A second offense and each subsequent offense is punishable by a fine of at least $2000 or a term of community service.
The punishment for possession of marijuana is different than the punishment for other controlled substances. It normally includes imprisonment in a county jail up to one year and/or a fine up to $500 or imprisonment in a state prison. If the recovered amount of marijuana is less than 28.5 grams, then the crime is a misdemeanor, punishable by imprisonment in a county jail up to six months and/or a fine of up to $100.
A new proposition sends drug offenders to treatment programs instead of prison whenever possible and feasible. This proposition generally applies to:
- Those with first-time convictions for drug possession or DUI;
- Those already on probation for drug possession or under-the-influence offenses,
- Those on parole with no prior convictions for serious or violent felonies or with similar felony convictions.
In some cases, first-time offenders can avoid drug convictions if they complete a diversion program similar to a traditional rehabilitation program. The defendant is required to enter a guilty plea but is not sentenced at that time. He or she must then complete a series of drug-related classes and undergo drug testing at random intervals. If the defendant tests “dirty” (positive), the court may then sentence the defendant on the original guilty plea. Once the defendant successfully finishes the program, criminal proceedings will be dismissed.
If you or a loved one is facing drug possession charges, it is imperative that you contact a skilled criminal defense attorney at the law offices of Rizio and Nelson immediately.
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