Drug Possession | San Diego Law Blog

Drug Scheduling: How Controlled Substances Are Classified

By San Diego Attorney on March 15, 2024

Understanding drug schedules is crucial for those grappling with drug-related accusations, as these categories influence legal consequences significantly. From Schedule I, synonymous with severe penalties for substances like heroin and LSD, to the less punitive Schedule V, each schedule embodies unique criteria and factors determining their classification. This guide is designed to provide valuable information and support to those in need.

• Continue Reading “Drug Scheduling: How Controlled Substances Are Classified…”

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.

• Continue Reading “California Is Combatting Mandatory Minimum Drug Sentences…”

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.

• Continue Reading “Alternative Sentencing Options for Drug-Related Offenses…”

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.

• Continue Reading “College Student Drug Crimes: Campus Policies and Your Rights…”

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.

• Continue Reading “What is a Deferred Entry of Judgment (DEJ)?…”

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.

• Continue Reading “Fentanyl Criminality in the Media…”

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.

• Continue Reading “What Are the Levels of Fentanyl Charges You Could Be Facing?…”

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.

• Continue Reading “Is It a Crime To Take Drugs Without a Prescription?…”

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.

• Continue Reading “Driving Under The Influence of Heroin…”

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.

• Continue Reading “Marijuana in CA: What’s Legal, What’s Not?…”