Drug Possession | San Diego Law Blog
As San Diego County is still operating under the Stay at Home Order in order to limit the spread of COVID-19, many businesses have had to shift to curbside, takeout, or delivery options to maintain their operations. This has included the cannabis industry, as dispensaries are currently allowed to employ marijuana delivery drivers to fulfill customer orders. However, there are still certain restrictions and regulations that drivers must abide by in order to avoid breaking the law.
Since the passage of the Adult Use of Marijuana Act in 2016, the recreational use of marijuana has become legal in the state of California. With the new legal landscape that comes along with an overhaul of long-standing drug laws, many individuals find themselves confused as to what is actually allowed.
Unlawful possession of a controlled substance is a crime in California that carries serious penalties, including up to a year of jail time. However, possession of a controlled substance with intent to sell is a much more serious offense. The difference between the two charges may hinge on the ability of the prosecutor to prove that you intended to a sell a drug in your possession. To get an experienced San Diego drug crime defense attorney on your side, contact jD LAW, P.C., at (760) 630-2000.
In the state of California, you can be arrested for possession of drug paraphernalia. Although this crime is less serious than actual drug possession, it still carries jail time.
In September 2018, pro skater Rob Lorifice was charged with federal drug crimes. The charges came after his home was raided, and law enforcement found heroin, Xanax pills, and methamphetamine. Lorifice was home that day, and was flushing drugs down the toilet at the time police found him.
The United States continues to suffer from an opioid epidemic. In a related twist, selling or dealing prescription drugs is considered a very serious offense in most states. So what is the difference between possessing prescription drugs and dealing prescription drugs? What are the penalties for each under the California Penal Code, and how has Proposition 47 affected those penalties?
When a person is arrested for committing a crime, he may be charged with either a state crime or a federal crime. Who has jurisdiction over what crime has been called into question in recent years. More and more states are making certain drugs, such as recreational marijuana, legal, but it remains a federal crime.
It seems that drug laws in California are changing all the time these days.
With recent laws, such as Proposition 47 passed in November 2014, the penalties for many drug crimes have been reduced or altered. Of course, any drug crime will have different penalties for different individuals depending on how many prior offenses they have, and the circumstances of the crime.
California voters changed the landscape of the state when they voted in Proposition 64 in November 2016. That move made marijuana legal both medicinally and recreationally under the Adult Use of Marijuana Act in January 2017. Now, San Francisco is taking another radical step with regard to marijuana convictions.
Recreational marijuana in California became legal on January 1, 2018, but the new laws came with some restrictions. And while many college and university students in San Diego were quick to light up and enjoy the new legislation, they may want to think twice about doing so on campus.
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