After the passage of proposition 47, simple possession of a controlled substance is treated as a misdemeanor in California for people who have not been previously convicted of certain serious or violent felonies, or a sex crime that required them to register as a sex offender. For those who have been convicted of one of these crimes, simple possession will be treated as a “wobbler,” meaning it can either be charged as a misdemeanor or felony, depending on the substance.

Simple possession means the prosecutor’s office believes that the defendant’s reason for possessing the substance was for personal use, not to sell or distribute.

California lists the drugs that are considered controlled substances into six “schedules.” Schedule I drugs are treated as the most serious and include, but are not limited to, heroin, PCP, and LSD. Schedule II drugs include, but are not limited to, cocaine, opium, methamphetamine, oxycodone, and codeine. Schedule III, IV, and V drugs include, but are not limited to, depressants and prescription drugs that are possessed without a prescription.

The good news is that California provides first time drug offenders several options to avoid having a permanent conviction on their record.

It is imperative to speak to an experienced criminal defense attorney if you’ve been charged with possession of a controlled substance. Proposition 36 allows qualifying drug offenders to participate in a drug treatment program. Successful completion of the program will result in the case being dismissed. There are also diversionary programs available to qualifying offenders. Successful completion of the diversionary program will also result in a dismissal of the case.

If you’ve been charged with possession of a controlled substance, call the Champion Law Firm today to speak to an experienced criminal defense attorney. Consultations are always free.

If you’re looking for a Los Angeles Drug Possession Attorney, contact us today.