Drug Possession

California Is Combatting Mandatory Minimum Drug Sentences

By San Diego Attorney on February 5, 2024

A core tenet of the U.S. justice system is the concept that “the punishment should fit the crime.” When this is violated, we see what we commonly call “injustice.” The 8^th Amendment of the U.S. Constitution followed the spirit of this principle when it established the need to abolish any “cruel and unusual punishments.” As the public struggle to achieve equitable justice continues, California is taking steps to combat mandatory minimum drug sentences. These reforms also take into consideration the creation of a safer society; justice must consider the rehabilitation of the alleged criminal if recidivism is ever to end.

Alternative Sentencing Options for Drug-Related Offenses

By San Diego Attorney on November 13, 2023

There are a lot of effective ways to protect society and prevent crime without sending people to jail. When someone has a substance abuse problem, they need help, not punishment. That’s why the state of California offers alternative sentencing options that provide sensible solutions to benefit everyone.

College Student Drug Crimes: Campus Policies and Your Rights

By San Diego Attorney on September 10, 2023

Being accused of a college drug offense can significantly impact your future. Most colleges have strict rules regarding illegal drugs, whether they are controlled substances, steroids, or illegally obtained prescription drugs. The rules cover the possession, distribution, and manufacture of illicit drugs.

What is a Deferred Entry of Judgment (DEJ)?

By San Diego Attorney on April 10, 2023

Deferred entry of judgment (DEJ) is a program where the defendant pleads guilty, but the charges will be dismissed if they fulfill a probationary agreement that includes a treatment program and other conditions.

If the defendant fails to complete the terms of the agreement, the charges will be reinstated. At this point, the defendant will not be able to challenge the charges, and the judge is allowed to apply the maximum sentence for the offense that was charged.

Fentanyl Criminality in the Media

By San Diego Attorney on December 30, 2022

Fentanyl is a potent synthetic opioid analgesic, like morphine, but is 50 to 100 times more powerful. It is a schedule II prescription drug and is typically used to treat patients with severe chronic pain or to help manage pain after an accident or surgery. Fentanyl can be administered via injection, patch, or tablet. It is also sometimes used illicitly as a recreational drug. Fentanyl can be extremely dangerous; even a small dose can cause respiratory depression and death.

What Are the Levels of Fentanyl Charges You Could Be Facing?

By San Diego Attorney on October 20, 2022

Fentanyl is a synthetic opioid, similar to morphine, but 50 to 100 times more potent, as stated by the National Institute on Drug Abuse. It is a prescription medication, used to treat patients with severe pain, particularly after surgery, or patients with chronic pain who cannot tolerate other opioids. As a prescription medication, fentanyl is sold under names such as Durgesic, Actiq, and Sublimaze.

Is It a Crime To Take Drugs Without a Prescription?

By San Diego Attorney on September 15, 2022

Many people use FDA-approved drugs to help them manage a myriad of health problems. These medications are usually given to you in conjunction with your doctor, who will issue a prescription. However, what happens if you possess these drugs without a prescription?

You should know that in the state of California, it is a crime to possess drugs without a prescription under the Business & Professions Code 4060 BP. This is because prescription drugs are controlled substances, meaning that possession and use of them without a valid prescription is illegal.

Driving Under The Influence of Heroin

By San Diego Attorney on June 1, 2022

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.

Marijuana in CA: What’s Legal, What’s Not?

By San Diego Attorney on March 18, 2022

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.

Understanding a Fentanyl Drug Charge

By San Diego Attorney on September 22, 2021

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.