A drug possession arrest is a serious matter, even in a state that has moved toward treatment over incarceration for many offenses. Depending on the substance, the quantity, and the circumstances of your arrest, you could face misdemeanor or felony charges with consequences that extend far beyond fines and jail time. Attorney David A. Stein and his team have successfully defended clients throughout Orange County and Southern California against a wide range of drug possession charges.
California Drug Possession Laws
California distinguishes between simple possession for personal use and possession with intent to sell, and the charges and penalties differ significantly between the two. Under Proposition 47, passed in 2014, many simple possession offenses were reclassified from felonies to misdemeanors. However, this does not mean possession charges are without consequence, and certain substances and circumstances still carry felony exposure.
Common possession charges under California law include:
- Health and Safety Code Section 11350: Possession of a controlled substance such as heroin, cocaine, or prescription drugs without a valid prescription. This is typically a misdemeanor following Prop 47, though prior convictions can affect how charges are filed.
- Health and Safety Code Section 11357: Possession of marijuana in quantities exceeding legal limits, or possession by a minor.
- Health and Safety Code Section 11377: Possession of methamphetamine or other stimulants for personal use. Generally a misdemeanor under Prop 47.
- Health and Safety Code Section 11378/11351: Possession of controlled substances with intent to sell, which remains a felony regardless of Prop 47.
Consequences of a Drug Possession Conviction
Even a misdemeanor drug possession conviction carries real consequences, including:
- Up to one year in county jail
- Fines
- Probation
- Mandatory drug counseling or treatment
- A permanent criminal record affecting employment, housing, and professional licensing
- Immigration consequences for non-citizens
Felony possession convictions carry far more serious penalties, including state prison time and significantly enhanced collateral consequences.
Drug Diversion Programs
California offers drug diversion programs — including Proposition 36 and PC 1000 — that allow certain first-time offenders to complete drug treatment in lieu of serving jail time. Successful completion can result in charges being dismissed. Attorney David A. Stein can evaluate whether you qualify for diversion and advocate for this outcome where appropriate.
Your Defense Starts Now
There are strong defenses available in many possession cases. Attorney Stein will examine whether the search that led to your arrest was lawful, whether the substance was properly identified, whether you had knowledge of the drugs, and whether any other constitutional violations affected your case.
Call (949) 528-8057 for a free and confidential case evaluation.