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Wrongful Possession Of Drugs In San Jose
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San Jose
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US-000303
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Drug Possession Jail Time in California After Proposition 47, drug possession crimes are punished as misdemeanors only, with penalties including up to one year in the county jail and a $1,000 fine.
Under California Health and Safety Code Section 11350 HSC, possessing a controlled substance without a valid prescription is illegal. This applies to illicit drugs such as , and LSD as well as painkillers such as Vicodin and OxyContin, anti-anxiety medication such as Xanax, and codeine.
California Health and Safety Code § 11350(a) HS makes it a misdemeanor to possess controlled substances such as street drugs or medicinal narcotics without a valid prescription. “possession for personal use.”
How Long Do You Go to Jail for Drug Possession? If you face a misdemeanor, the maximum punishment is 12 months in jail. For possession of marijuana, the offense is punishable by up to six months of jail time. Juvenile drug possession California charges could only be for an infraction.
If you're wondering, “What are low-level drug offenders?” the simplest answer is someone who has committed a minor, non-violent offense, such as possessing a small amount of a controlled substance that has minimal risk of abuse and commonly accepted medical uses.
Mandatory Minimums for Drug Crimes SubstanceMinimumMaximum Trafficking 21 U.S.C. § 841(b)(1)(A)/960(b)(1) substances (e.g., 1 kilo or more of heroin) 10 years life if death or serious injury results 20 years life with prior drug felony conviction 20 years life27 more rows •
Controlled substances are drugs that are strictly regulated by the law, and they include over-the-counter medications and illegal narcotics. California law is lenient for first-time offenders. You can avoid incarceration through a drug diversion program or probation for your first conviction.
Federal Drug Mandatory Minimum Sentences for Possession For possession, you won't be required to serve a mandatory minimum sentence, unless you have a prior drug conviction from federal or another state jurisdiction, then you'll be sentenced to no less than 15 days of incarceration with a maximum of up to two years.
Simple possession, or possession of a controlled substance for personal use, is typically treated as a misdemeanor, especially for first-time offenders. Penalties may include up to one year in jail, probation, fines, and participation in a drug treatment program.
Under California drug sentencing guidelines, most instances of simple drug possession (for personal use) get charged as misdemeanors rather than felonies. The crime is punishable by: imprisonment in county jail for up to one year, and/or. a maximum fine of $1,000.