Drug crimes are among the most serious yet most common charges in
criminal courts, with penalties that range from lenient to incredibly
severe. No matter the charge, any person arrested should consult
experienced drug crime attorneys who can help to reduce the charges or
have them dismissed altogether.
Drug Possession
As society has shifted from considering addiction as more a medical than
criminal problem , California has shifted penalties for simple crimes
such as drug possession to focus on treatment over incarceration. In
2000, California voters adopted Proposition 36, which allows defendants
accused of drug possession to complete a treatment program in lieu of
incarceration. However, not every defendant accused of drug possession
is eligible for Prop 36. A defendant is not eligible if he has been
incarcerated in the previous five years for a violent felony, or is
convicted in the same proceeding of a non-drug related crime. Only an
experienced drug offense attorney can ensure that a defendant is eligible for the treatment programs that Prop 36 offers.
California Drug Courts
California, in fact, has established separate courts to deal with
non-violent drug offenses. The priority of these courts is to keep
non-violent offenders out of jail and reduce recidivism. Despite the
appearance that these courts focusing on treatment instead of punishment
may require less of a criminal defendant, oftentimes they require
greater help from an attorney. Experienced Los Angeles drug lawyers
will note that drug courts often require greater attention from
criminal defendants, but upon completion of drug diversion programs the
charges against the defendant are completely dismissed.
Marijuana Possession
Along with reforming drug laws to favor treatment, California voters
have shifted policy on marijuana. While drugs like cocaine and heroin
remain strictly forbidden under California law, the state no longer has
major criminal penalties for possession of small amounts of marijuana.
Possession of under one ounce of marijuana is now punishable as an
infraction (akin to a speeding ticket) rather than as a misdemeanor.
Larger amounts remain punishable by criminal courts, and require a drug
offense attorney who can handle the charges. This does not apply to
persons charged with other marijuana offenses, such as cultivating or
distributing marijuana.
Medical Marijuana
Along with lessening penalties for small quantities of marijuana,
California law has changed the policy on medical marijuana. While some
marijuana possession is considered only an infraction, it is legal for
medical patients and primary caregivers to possess marijuana in several
forms, including a limited number of plants for personal use. The laws
for medical ownership of marijuana plants are complex and depend on
whether the plants are mature or immature, thus anyone who wishes to
possess medical marijuana plants should consult with a Los Angeles drug
lawyer who can give guidance about these laws.
Other Drug Crimes
While California drug courts offer criminal defendants a chance to avoid
incarceration for drug crimes, these only apply to minor drug offenses
such as possession. Drug production and distribution crimes still entail
stiff sentences under California law, and require a drug crime attorney who can defend against the charges.
