Revealing The Truth: Debunking Common Myths About Drug Possession Charges In California

Drug possession is one of the most frequently charged crimes in California. Yet, it remains one of the least understood, with many myths and misconceptions surrounding possession charges and how to defend against them. This article addresses some of the most common myths to provide clarity. Along the way, you’ll learn:

Why first-time offenders, those not caught with drugs on their person, or even medical marijuana cardholders may still face serious legal consequences.

Why it’s essential to take drug possession charges seriously, even for marijuana.

Why drug diversion programs are not a guaranteed solution for avoiding a conviction.

Myth #1: First-Time Drug Possession Offenders In California Always Avoid Jail Time

False. First-time drug offenders in California are not guaranteed to avoid jail time. While the state does offer diversion programs and probation options, every case is different. Factors like the nature of the charge, the amount of drugs involved, and the circumstances of the arrest play a critical role in sentencing.

For example, a first-time offender caught with a small amount for personal use may receive leniency, but felony charges for possession with intent to sell or transporting large quantities are far more likely to result in incarceration.

Myth #2: If Drugs Aren’t Found On Me, I Can’t Be Charged With Drug Possession In California

False. In California, you can be charged with drug possession even if the drugs are not physically on your person.

This is known as “constructive possession,” where drugs found in a location you control such as your car, home, or personal belongings can lead to charges. This means that even if you were not present at the time the drugs were found, you could still face drug possession charges if you have authority over the location.

Myth #3: A California Medical Marijuana Card Shields Me From Drug Possession Charges

Partially true. While California has decriminalized the possession of less than one ounce of marijuana for personal use, possession of more than an ounce can still result in a misdemeanor charge. Having a valid medical marijuana recommendation allows you to possess larger quantities, such as purchasing up to eight ounces per day or growing up to six plants, provided the amount aligns with what is reasonable for your medical needs.

However, a medical marijuana card does not guarantee immunity from possession charges. The circumstances of your arrest and the quantity you possess determine whether charges are filed. Even with a card, possessing an excessive amount of marijuana can lead to arrest and prosecution.

It’s also important to remember that federal law prohibits marijuana possession regardless of state medical marijuana laws. This means that, even in California, federal authorities can prosecute marijuana-related offenses.

Attorney Michael Linscheid is a dedicated California criminal defense lawyer who has helped countless clients just like you deal with drug charges and other criminal charges throughout northern California. With two decades of experience negotiating favorable deals, winning cases and appealing others, he knows the ins and outs of the California criminal justice system like few others.

If you have been charged with a drug crime, even a misdemeanor, contact Michael today to schedule an initial consultation.

Myth #4: Drug Possession Charges Won’t Impact My Ability To Work In California

False. While California provides protections that limit an employer’s ability to reject applicants based solely on criminal convictions or drug possession arrests, these charges can still impact your career. Employers often conduct individualized assessments, and a drug possession charge or conviction may influence their decision.

Drug possession convictions can also restrict access to certain professional licenses, further limiting career opportunities. Even if your criminal record doesn’t directly result in job denial, it can hinder advancement within your current role.

Additionally, using or being under the influence of controlled substances at work remains grounds for termination, regardless of state protections. This makes it critical to address drug possession charges proactively to minimize potential harm to your career.

Myth #5: Drug Diversion Programs Automatically Dismiss California Drug Possession Charges

Partially true. Successfully completing a drug diversion program can result in the dismissal of your charges, but this outcome is not automatic. Completion of the program within the allotted time frame is required for charges to be dismissed.

Since every person’s recovery is not necessarily linear, the courts do typically provide opportunities and chances if you have missteps along the way. However, if you are unable to complete the program within the allotted time period, your criminal charges will not be dismissed.

Additionally, those who engaged in violent crimes, were charged with possession of a controlled substance for sale, have had a felony conviction within five years, or have other prior drug offenses will not be eligible for drug diversion and cannot have their charges dismissed.

Myth #6: California’s Drug Laws Are Now Lenient and “Friendly”

False. While the state legislature has reduced potential punishments for drug possession charges in California, they did not eliminate the ability for prosecutors to prosecute drug possession charges.

It is very important to understand the collateral consequences that may result from a drug charge, which is why the availability of certain drug diversion programs is so important. These programs exist for different categories of people, whether they be veterans, those with mental health diagnoses, those charged with misdemeanors, or primary caregivers in the jurisdictions that permit primary caregiver diversion.

Regardless of your circumstances, California continues to take drug offenses seriously – and you should never accept a deal or face the court without an experienced drug defense attorney at your side.

Facing Drug Possession Charges In California? We Can Help.

Drug possession charges are serious, even in California. If you’re dealing with these charges, it’s critical to consult an experienced criminal defense attorney. For more information or to schedule a consultation, call (415) 728-9982 today. Protect your rights and your future with the right legal guidance.