Illegal Possession of Drugs in California
California law allows possession of controlled substances in some cases, including prescribed painkillers and marijuana prescribed for medicinal purposes. But the Golden State's Health and Safety Code has strict standards governing possession of banned narcotics, as well as unauthorized possession of certain prescription drugs. Carrying, selling or using illegal drugs can bring mandatory prison sentences, though the possession of 1 ounce or less of marijuana no longer merits jail time.
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Illegal Drugs
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In California, it's against the law to carry, sell or use cocaine, gamma hydroxybutyric acid (GHB), heroin and other opiates, hallucinogens and mescaline, including peyote. Possessing marijuana without a medical prescription is also illegal, as is possessing controlled painkillers without a prescription. Having drug paraphernalia, with or without drugs, can also bring drug charges. If you have more drugs than necessary for personal use or you're found with a weight scale or documentation that would imply drug-selling, your legal troubles could mount with an "intent to distribute" charge.
Penalties
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Punishments for illegal drug possession in California will vary based on the type and amount of narcotic, your criminal record and aggravating factors such as intent to sell. Prior offenders receive tougher sentences. Possession or sale near a school or day-care center may carry enhanced penalties. Possession of a controlled substance is usually a felony that brings a sentence of up to a year in county jail plus probation, or a California state prison term of between 16 months and three years. There are two exceptions: Possession of 1 oz. or less of marijuana qualifies as an infraction and carries a $100 fine, but no time behind bars. And in cases involving possession of GHB and other certain depressants, prosecutors could file a misdemeanor depending on the defendant's criminal past. The sentence includes up to a year in county jail and a fine of as much as $1,000. Defendants can reduce their sentences if they agree to diversion programs such as drug treatment counseling. State law calls for a prison sentence of up to four years for selling drugs. Drug dealers are not eligible for diversion programs.
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Proving the Case
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Prosecutors will seek to prove that you had control over the drug when police found it, that you knew of the drug's presence, that you knew holding the drug was against the law and that you had enough of the drug to consume it as a controlled substance. If you didn't know you had the drug --- a friend borrowed your car and left cocaine under the seat, for example --- or if police found only trace amounts of the narcotic, then prosecutors may have a tough time proving their case. Neither having access to controlled substances nor being near someone who's doing drugs is enough to draw charges.
Legal Defenses
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Consult with an attorney to form your best defense. If you had a valid prescription consistent with the amount and purpose of your narcotic, you shouldn't face charges. (This defense won't hold if you possessed more drugs than your prescription allows or the prescription was in someone else's name.) If you had possession of a narcotic to destroy the drug and prevent another person's illegal possession, you might be absolved of criminal charges. If you didn't know the drug was in your possession --- someone stashed it in your clothes or home unbeknownst to you --- you could have a solid defense. If you didn't know it was illegal to possess the drugs, or if authorities violate search and seizure laws or use excessive force taking the narcotics from you, your defense could strengthen.
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References
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