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Former Police officer AND Prosecutor

California Drug Laws are located under the Health and Safety Code.  The prosecutor may file misdemeanor or felony charges depending on the illegal drug one possesses.  However, Proposition 47 passed by California voters in 2014, made many of the drug possession charges a misdemeanor charge.  Under Health and Safety Code section 11351 it will still be a felony to possess certain illegal drugs for Sale.  In determining if one is possessing an illegal drug for sale, police will look for the quantity of the drug, any packaging, scales, notes and amount of money on your possession.  In addition to Possession for Sale, Health and Safety Code 11352 makes it a felony to import into this State, sells, furnishes, administers, or gives away, or offers to transport into this state any illegal drug.  For a felony conviction a person could be facing a punishment range from three to nine years depending on the illegal drug and what Schedule it falls under.

The California voters in 2016, once again changed certain drug laws.  Under Proposition 64, Adult use of Marijuana Act, adults 21 years of age or older can may now purchase, possess, and consume an amount up to 28.5 grams of marijuana and up to 8 grams of concentrated marijuana in their own residence or in a licensed location for marijuana usage.  The misdemeanor conviction for possession of an amount up to 28.5 grams of marijuana is punishable by incarceration of 6 month and a fine.  For 8 grams of concentrated marijuana a person could be incarcerated for up to 1 year and a fine. 
Because California Drugs laws carry a potential severe punishment it is important to contact an experienced attorney to help fight for you.  

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