Marin County Drug Possession Misdemeanor Attorney

What Is a Drug Possession Misdemeanor in California?

In California, drug possession for personal use is usually charged as a misdemeanor. This is often called “simple possession.” It means law enforcement believes the drugs were for your own use, not for selling or distributing.

Even though these charges are not always felonies, they are still serious. A conviction can lead to jail time, fines, probation, and long-term consequences that affect your future.

A Marin County drug possession attorney can help you understand your charge and work to reduce or dismiss it whenever possible.

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Common Drug Possession Misdemeanor Charges in California

Drug possession charges depend on the type of substance, the amount, and your criminal history. Common misdemeanor drug charges include:

  • Simple possession of a controlled substance
  • Possession of drug paraphernalia
  • Being under the influence of a controlled substance
  • Possession of marijuana over legal limits

Many of these charges fall under California Health and Safety Code sections and are often charged as misdemeanors for first-time or non-violent offenses.

Consequences of a Drug Possession Misdemeanor

Even misdemeanor convictions can follow you for years.

Possible long-term effects include:

  • A criminal record that affects jobs and housing
  • Immigration consequences for non-citizens
  • Loss of eligibility for college financial aid
  • Difficulty passing background checks

Early legal help can make a major difference in limiting these consequences.

Simple Possession of a Controlled Substance

Simple possession means you had a usable amount of a controlled substance for personal use.

Substances commonly involved

These charges may involve drugs such as:

  • Heroin
  • Cocaine
  • Methamphetamine
  • LSD
  • Prescription drugs like Xanax or Vicodin without a valid prescription

Possible penalties

A misdemeanor conviction may result in:

  • Up to one year in county jail
  • A fine of up to $1,000
  • Probation instead of jail time
  • Court-ordered drug counseling or treatment

Many people avoid jail by qualifying for probation or diversion programs, especially if it is a first offense.

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Marijuana Possession Misdemeanors

Marijuana is legal in California, but certain situations can still lead to misdemeanor charges.

You may face charges if:

  • You possess more than 28.5 grams of marijuana
  • You possess more than 8 grams of concentrated cannabis
  • You are under 21 years old
  • You possess marijuana on K-12 school grounds while school is in session

Penalties may include

  • Up to six months in county jail
  • A fine of up to $500

Recent Law Changes: Proposition 36 and Repeat Offenders

A newer law, often referred to as Proposition 36, has increased penalties for repeat drug offenses.

What changed

If someone has two or more prior drug-related convictions, possession of certain drugs like fentanyl, heroin, cocaine, or methamphetamine can now be charged as a “wobbler.”

This means the charge may be filed as:

  • A misdemeanor, or
  • A felony that can lead to state prison

Treatment-focused sentencing

Courts may require participation in a drug treatment program. Completing treatment can help reduce or avoid jail or prison time in some cases.

What Makes a Drug Charge a Misdemeanor or a Felony?

Several factors determine how a drug charge is filed.

Type and amount of the drug

Smaller amounts meant for personal use are more likely to be misdemeanors. Larger amounts or more dangerous substances increase the risk of felony charges.

Intent to sell vs. personal use

Police may look for signs of intent to sell, such as:

  • Large quantities of drugs
  • Scales or packaging materials
  • Multiple small baggies
  • Large amounts of cash
  • Text messages or call logs with buyers

If there is no evidence of selling, the charge is more likely to remain a misdemeanor.

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Frequently Asked Questions About Drug Possession Misdemeanors

Hire a Marin County Drug Possession Defense Attorney Today

If you are facing a drug possession misdemeanor in Marin County, you do not have to handle it alone. The earlier you speak with a defense attorney, the more options you may have.

Kevin Heaney represents clients throughout Marin County and works to protect their rights, freedom, and future.

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Testimonials

Here’s what clients had to say about Kevin Heaney’s work
Kevin did an amazing job. He turned a nightmare into a really manageable situation. Without going into detail, I was facing some complications due to my record that would have made for a lengthy and grand problem. He was able to get it mitigated and really came away amazing, compared to where we started. Worth every penny and more. I feel that the work he did was more than commensurate for what he charged me. I will use him in the future and I would recommend him to family and friends.
G.K.
Amazing honest and efficient lawyer! Kevin knows the ins and outs of the criminal system. He is the definitely the guy to have on your side. I won’t go into the details of the case, but my brother got involve in a domestic violent situation and we needed a good Marin lawyer that wouldn’t charge an arm and a leg to take his case. I was referred to Kevin by a friend of mine. I noticed on the initial phone consultation that he really wanted to help. We were able to work out a very reasonable price for the handling of the case, so we hired him. Kevin worked hard since day one, and he got my bro a very good deal with the DA. Our family is thankful to have hired him.
M.T.
I contacted Kevin when I needed legal representation in a case which I felt required a high level of client service and representation. He was always right there for me when I needed him, whether it was showing up early for hearings, to the individualized attention I received at the courthouse, and having private meetings in his office anytime, as often as needed without any rescheduling. Kevin approached my case with care and made me feel comfortable as he took the time to thoroughly review my case history, explain my options to me, and was readily available and responsive when I had questions or just needed to talk to him. He treated my case with genuine care and attention it deserved and my case results certainly reflected his strong personal and professional attributes. I wouldn’t hesitate to contact Kevin again if the need arises.
M.K.
I received the best possible outcome by giving my case to Kevin Heaney. He fought for me the entire way until he got my case dismissed! I have never come across a lawyer that cares so much about his clients or what happens to them. His rates are very affordable and he is open to negotiate the numbers. It is clear that he wants to help. Kevin knows his stuff and he is on top of it. He is also very personable, kept me in the loop of things throughout the process and always returned my calls and emails. I am grateful and lucky to have found Kevin. He is a true professional and knows how to get it done.
N.H.
I wanted to thank you for the excellent job you did on getting Luis Correa’s case dismissed. You were very efficient and with minimal stress to Mr Correa. He had full confidence in you and you made it very easy for him to put this case in your hands. The fact that he only had to meet with you a few times and only able to provide you with minimal information he had on his case was a blessing that you were able to get the case dismissed! You know your stuff! Thank you once again and Mr Correa is very pleased with the outcome and can get on with his life without this case over him.
M.S.

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