Drug Possession
Sunday by: Doreen
In order to prosecute a person for possession of drugs for personal use, the prosecution must prove that the person had knowledge of the presence of the controlled substance, and knowledge that the substance was in fact a controlled substance.
There are two types of possession:
Actual possession means that a person knowingly has direct physical control over a controlled substance.
Constructive possession requires that a person have the right to exercise control over the controlled substance, either directly or through another person. Constructive possession can be found even when control is shared with another.
The prosecution must prove:
• A person exercised control over a controlled substance:
• That person knew of its presence;
• That person knew it was a controlled substance; and
• The substance was in a sufficient amount.
Possession of a controlled substance incurs a punishment in the county jail up to one year or in the state prison. First time offenders may face an additional fine of as much as $1,000 plus be sentenced to providing community service. Second or additional offenses may include fines up to $2000 plus community service.
*In addition to fines of up to $500, possession of marijuana may also include jail time in a county facility of upwards of one year.
Any amounts less than 28.5 grams are punishable under misdemeanor statutes which can involve fines of up to $100 and up to six months time in a county facility.
California now offers alternative sentencing for drug offenders. These alternative sentencing options are available to some defendants and include:
- • those with new convictions for drug possession or being under the influence,
- • those on probation for drug possession or under-the-influence offenses, and
- • those on parole with no prior convictions for a serious or violent felony.
Diversion programs are another way that a first time offender can avoid conviction. The defendant would enter a guilty plea prior to completing drug education classes. During this time the defendant is subjected to random drug testing. Provided that the defendant completes the program and passes all random drug testing, all criminal charges are dismissed.
Contact an experienced drug defense attorney if you or a loved one is accused of drug possession.
