Drug Possession | San Diego Law Blog
What does California consider driving under the influence of drugs?
Driving under the influence of drugs is a charge laid by the police against people driving while affected by any drug, apart from alcohol. Drugs can include illegal substances like heroin, cocaine, or methamphetamine, or they could be purchased legally or prescribed to you.
Proposition 64, the Adult Use Marijuana Act, permits the private use, sale, and cultivation of marijuana for people over the age of 21. There are still a number of restrictions regarding where it can be used, how it can be purchased, and the amount of marijuana that you are allowed to legally possess or cultivate.
Fentanyl is classified as a controlled substance in California. You might be prosecuted for simple possession or possession with the intent to sell, depending on the amount of the substance in your possession.
Keep reading to learn about the charges and ramifications if you have obtained fentanyl without a prescription or have committed prescription fraud.
Despite its widespread use as a prescription medication for a variety of mental health conditions, Adderall is considered a Schedule II drug in the state of California. Possessing or using Adderall without a prescription can lead to serious drug charges for adults, and there are still significant consequences for minors. As this drug is prescribed for young adults with ADHD and can be abused as a study aid, it is not uncommon for juvenile offenders to illegally buy or sell the drug for quick cash to fellow students. Any of these actions can drastically impact their future.
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?
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