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Drug Crimes
California’s drug laws changed after recreational marijuana was decriminalized for adults in 2016. However, there are many circumstances where possession of controlled substances, and even marijuana, still carries serious consequences.

Drug Crime Defense Attorney in Modesto, CA

In 2016, Californians voted to decriminalize marijuana under Proposition 64. However, that new law didn’t decriminalize any other street drugs—or synthetic and derivative versions of marijuana. Plus, the new law set in place strict guidelines about where you can consume marijuana and how much you can possess. Falling afoul of these guidelines can put you at risk of a drug charge, jeopardizing your ability to find employment, housing, or financial aid in college.

Derek L. Casey has a thorough understanding of all of California’s complex drug laws. If you’re facing charges for possession of marijuana or any other controlled substance, obtaining legal counsel is crucial for a successful defense. There are many moving parts in a drug case, the details of which can change a case rapidly. We will investigate all the circumstances of your case and fight for your rights—no matter the type or severity of your charge.

When to Hire an Attorney for Drug Crimes in California

Drug Crime Defense Attorney | Derek L. Casey | Modesto CA - DLC-Image2

California has two main branches of drug charges: possession of a controlled substance and possession with intent to sell. Even though recreational marijuana is legal, there is a limit to how much one person is allowed to possess: up to 28.5 grams (~1 ounce) of marijuana or 8 grams of cannabis concentrate. Certain circumstances, such as large quantities of drugs or having tools for measuring or packaging them, can lead to a charge of possession with the intent to sell or distribute.

There are many ways to defend against a drug charge. The prosecution must prove that:

  • You knew drugs were in your car or home and had physical control over them at the time of arrest
  • The police search of your home or car was conducted legally
  • The lab analysis of the drug was accurate, both in identifying the substance and weighing the amount
  • You were not entrapped by an undercover police officer or informant

Being arrested with drugs in your possession does not mean you are guilty by default. A skilled DUI attorney can address weaknesses in the prosecution’s case and fight for a dropped or lessened charge. The sooner you call Derek L. Casey, the better chance of a positive outcome in your case!

California Drug Crime FAQs

What are the restrictions on marijuana use in California?

While recreational and medical marijuana are legal in the state of California, there are a few rules that you need to be aware of. To consume marijuana, you must:

  • Be 21 years of age or older
  • Be inside a private residence or an establishment that is licensed for cannabis consumption
  • NOT be driving a vehicle
  • NOT be in a place where smoking tobacco is prohibited

Additionally, though you may grow up to six plants in your private residence, the area in which you’re growing those plants must be locked and hidden from public view.

Why am I being charged with possession with intent to sell?

Law officers may arrest you on a charge of possession with intent to sell if they believe there is evidence to suggest that you are distributing drugs. This alleged evidence could include:

  • Possession of scales, small plastic bags, or other tools for measuring and packaging drugs
  • Excessively large amounts of the drug on your person or property
  • A pattern of a lot of people coming and going from your property
  • Large amounts of cash on your person or property, especially in small bills
  • Firearms or other dangerous weapons on the property at the time of arrest

Your attorney can challenge these allegations. It is possible to have these charges dropped or reduced, which could mean avoiding jail time or hefty fines.

Can you go to jail for using drugs in California?
Yes. Though Proposition 47 made drug possession a misdemeanor in most cases, a conviction can still result in up to one year in jail. There are also circumstances in which drug possession can be charged as a felony. If you are a registered sex offender or have past convictions for violent crimes, you may not qualify for misdemeanor charges. An experienced drug defense attorney can help you avoid the harshest penalties, including jail time.

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Phone: (209) 622-0079

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