It is illegal in California to possess certain types of drugs (or “controlled substances”) without a prescription. A conviction for drug possession comes with stiff penalties and consequences that can wreak havoc on your life.
If you have been accused of, arrested for, or charged with drug possession in or around San Diego, you need a skilled drug crime attorney to fight for your rights and protect your freedom. Do not speak with the police or agree to be questioned. Instead, contact the experienced criminal defense attorneys at Dod Law, APC, immediately to learn how we can help.
Drug Possession Charges in San Diego, California
California’s drug laws distinguish between two kinds of illegal possession: simple possession and possession for sale. At Dod Law, APC, we have extensive experience defending San Diego-area clients against both categories of drug possession charge.
Simple Possession of Drugs
Simple possession is when you physically possess or have constructive control over a personal use quantity of an illegal drug or a legal controlled substance for which you don’t have a valid prescription. In California, simple possession is a misdemeanor punishable by up to 1 year in county jail (not a state prison), a fine, probation, and/or community service. You might face a simple possession charge for carrying or having control over (for example):
- Cocaine (crack or powder)
- Prescription opioids like oxycodone, morphine, and fentanyl
- Prescription benzodiazepines like Valium and Xanax
- Methamphetamine (meth)
- Prescription stimulants like Ritalin and Adderall
- Hallucinogens like MDMA (molly/ecstasy), LSD (acid), peyote, mescaline, or psilocybin (mushrooms)
Possession of recreational personal use quantities of marijuana (up to 28.5 grams/one ounce) and concentrated marijuana (up to 8 grams) is legal in California if you are over 21. You can also possess medicinal marijuana with a prescription in California if you are over 18. But remember, local laws often restrict where you can buy and use marijuana, and you cannot possess marijuana on federal property like a National Park or carry it across state lines, because possessing it is not legal in all states.
Drug Possession for Sale
Possession for sale is when you possess or control, with the intent to sell, illegal drugs or legal controlled substances for which you do not have a prescription or an appropriate license. It is most often charged in cases where a person possesses or controls distribution-size quantities of the drugs in question. Possession for sale is generally a felony in California punishable by incarceration in a state prison, fines, probation, and other civil penalties.
You can face possession for sale charges for any of the drugs listed above and, in some cases, for possession of precursors (ingredients) of those drugs in sufficient quantities to manufacture them. You may also face a possession for sale charge if you possess more than personal use quantities of marijuana or concentrated marijuana and do not have a state-issued license to sell those products.
Contact us at Dod Law, APC, immediately if you face a possession for sale charge in San Diego. Through aggressive advocacy and skillful negotiation, we can often succeed in protecting our clients from the worst consequences of a prosecution or conviction involving distribution-level drug quantities.
How We Can Help With a Drug Possession Charge in San Diego
At Dod Law, APC, we fight to defend your rights and protect your freedom. Ours is a full service criminal defense law firm. We can:
- Advise you about your rights and risks when you have been accused of, arrested for, charged with, or convicted of drug possession
- Take immediate action after your arrest and detention to secure your release on bail if possible
- Represent you in your arraignment (initial appearance) before a judge
- Conduct an independent investigation of your case by gathering evidence and interviewing witnesses—we never just take the government’s word for what the facts might show
- When the facts and law are on our side, petition the court to dismiss your case or suppress illegally obtained evidence
- Negotiate with the district attorney to convince them to decline your prosecution, reduce your charges, or offer you a favorable plea bargain
- Present your strongest defense to a jury at a trial in San Diego County criminal court
- Prepare and press compelling arguments for the lightest possible sentence
With Dod Law, APC, at your side, you can rest assured that your criminal defense team has the experience, know-how, and resources to achieve the most favorable outcome possible for your circumstances.
Marijuana Charges in California
In 2018, California became the sixth state to legalize the recreational use of marijuana. Adults who are 21 or older may purchase and possess up to 28.5 grams of marijuana, up to 8 grams of cannabis concentrate and as many as six live plants. For people between the ages of 18 and 20, you may purchase and possess up to 8 ounces of marijuana and 12 live plants; however, only through California’s medical marijuana program.
Even with this new state law, a drug possession charge is possible if you have more than 28.5 grams of marijuana. In addition, marijuana continues to be illegal under federal law, and you risk arrest and conviction by federal authorities.
Contact Dod Law, APC for Your San Diego Drug Crime Defense
Any drug possession charge you face in San Diego can pose a severe risk to your future, family, and freedom. You need a seasoned, reliable criminal defense lawyer who can stop the government from trampling on your rights and give you the zealous defense you deserve.
Widely respected criminal defense attorney Dod Ghassemkhani has over 18 years of legal experience working for our clients. At Dod Law, APC, we represent individuals throughout San Diego and its environs who face a wide range of criminal charges, including those related to drug possession. Clients praise Dod Law’s responsiveness, professionalism, and complete commitment to achieving justice and getting results for the accused, no matter how serious the charges or challenging the circumstances.