Marin County Drug Possession Lawyer

• You unlawfully possessed a controlled substance;
• You had knowledge of its presence;
• You had knowledge of the substance’s nature or character as a controlled substance; and
• The controlled substance was in a usable amount.

This is where having a skilled and experienced drug possession lawyer can pay dividends. Your drug lawyer can raise affirmative defenses and highlight deficiencies in the prosecutor’s evidence (or lack thereof) to the point where it is not possible to achieve a conviction, or at least strengthens your argument to negotiate a favorable plea agreement.

In California, controlled substances generally fall under five distinct categories. These categories are based on specific characteristics, including: 

• Acceptable medical use;
• Risk of abuse; and
• Risk of developing a psychological or physical addiction.

Within these categories, Schedule I controlled substances are considered to be the most serious. In contrast, Schedule V controlled substances are considered to be the least serious. 

For example, Schedule I substances have no accepted medical use and are deemed to pose a significant risk of abuse. In contrast, Schedule V substances generally present a low risk of being abused.

Drugs classified as Schedule I under California law are considered to be the most dangerous and/or highly addictive. These are generally drugs that are linked to chronic abuse that do not present or provide actual medical value to individuals. They are also deemed most likely to lead to dependency or abuse by individuals. When it comes to penalties of possessing or manufacturing a controlled substance in California, the harshest penalties are associated with Schedule I drugs. The drugs in this schedule are primarily made up of opiates, hallucinogens, and depressants, including:

• Heroin
• Cocaine
• Ecstasy
• Peyote
• PCP
• Marijuana
• Mescaline
• Cannabinoids
• Cannabis

Schedule II drugs generally have few legitimate medical uses. In addition, they are known to present a significant risk of addiction, dependency, and/or abuse by individuals. Stimulants, depressants, and various opiates consist a significant percentage of Schedule II drugs, which also include:

• Adderall
• Amphetamine
• Barbitals
• Codeine
• Hydrocodone
• Morphine
• Methamphetamine
• Opium
• OxyContin
• Ritalin
• Vicodin

There is little medicinal value associated with Schedule III drugs. In addition, Schedule III drugs are typically more addictive when compared to Schedule IV or V controlled substances. Examples of Schedule III drugs include the following:

• Benzphetamine
• Clortermine
• Ketamine
• Lysergic acid
• Mazindol
• Nalorphine
• Pentobarbital
• Steroids
• Testosterone

Schedule IV drugs, in contrast to Schedule I-III substances, possess medicinal value and are designed to treat specific conditions. However, the Schedule IV substances are known to be habit-forming. Examples of Schedule IV drugs include the following:

• Ativan
• Ambien
• Fenfluramine
• Phentermine
• Pemoline
• Tramadol
• Xanax

Schedule V drugs are generally considered to present the lowest probability of being addictive. They are drugs that are generally legal when used with a prescription. Examples of Schedule V drugs include the following:

• Buprenorphine
• Codeine
• Dihydrocodeine
• Diphenoxylate
• Difenoxin
• Ethylmorphine

After the passage of Proposition 47 in California, most simple drug possession crimes are classified as misdemeanor offenses. If you are convicted of a misdemeanor violation, you may be ordered to serve up to one year in county jail and pay a $1,000 fine. As long as the possession was insufficient for possession with intent to sell, you may also be eligible to request admission to a treatment program in lieu of jail..

Whether drug possession will be charged as a felony or misdemeanor depends on multiple factors, including:

• The type and amount of drug(s) in your possession
• Whether you had the intent to sell or distribute the drug(s)
• Aggravating circumstances such as if you had illegal substances within 1,000 feet of drug-free zones such as schools, playgrounds, colleges, youth centers, swimming pools and arcades. Other aggravating factors include possessing a firearm, gang-related activity, and/or having the drugs in the presence of a minor.

Certain situations may result in you being charged with a federal drug possession offense, as opposed to being charged by the State of California. Circumstances that may lead to a federal drug charge include:

• Selling large amounts of drugs;
• Using the U.S. Postal Service to facilitate drug crimes, and
• Importing, distributing, selling, or moving drugs across state lines.

Federal charges may also apply if you buy or sell drugs on federal property or to a federal agent or informant.

Pursuant to California Health and Safety Code § 11351, it is a felony offense to possess controlled substances with an intent to sell to others. It is also a felony offense to attempt to purchase controlled substances with the intent of turning around and trying to sell them.