Illicit Drug Possession

In California, drug possession may be penalized according to different guidelines depending on the schedule of the controlled substance, the amount of the drug, and the purpose for possession. Under Proposition 47, possession of most Schedule I to Schedule V drugs are punished as misdemeanors with penalties of up to 1 year in county jail.

Recreational marijuana is legal for adults 21 and over, who may purchase, possess, and consume up to 28.5 grams of marijuana in their private residence or in an establishment licensed for marijuana consumption. Possession exceeding this amount is punishable by up to 6 months and/or up to $500 in fines. Individuals 18 and under who possess marijuana will face an infraction, which includes mandatory drug education courses and community service. Note that smoking remains illegal while driving a vehicle, anywhere smoking tobacco is prohibited, and in all public places. Possession at a school, day care center, or youth center while children are present also remains illegal.

Common defenses a defendant and their attorney could pursue in the face of a drug possession charge are:

• medical necessity;
• prescription issued by a doctor;
• unlawful search resulting in seizure of drugs;
• problem with lab analysis;
• entrapment or improper police conduct.

Visit our page on Drug Crimesfor more specific information on the sentencing guidelines.

Petty Theft and Grand Theft

When it comes to crimes of theft, California law defines theft as stealing property by larceny, false pretense, or embezzlement with the intent to permanently deprive the owner of the property. The state classifies theft offenses according to the value of the property taken. Petty theft is the theft of any property with a value of $950 or less, and petty theft is a misdemeanor punishable by up to 6 months in county jail and/or a fine of up to $1,000. If the property has a value of $50 or less, the prosecutor may decide to charge the offense as an infraction (up to $250 in fines) instead if the offender does not have any other theft-related convictions.

Grand theft is the theft of property worth more than $950 or theft of a firearm of any value. The penalty for stealing a firearm is a felony punishable by a state prison term of 16 months, 2 years, or 3 years. In all other cases, grand theft is a wobbler offense that can be charged as a misdemeanor or felony, where a misdemeanor sentence will carry up to 1 year in jail. Be aware that a person who commits grand theft or petty theft during a state of emergency, local emergency, or evacuation order is guilty of looting, also a wobbler offense.

One of the most common defense tactics against theft charges is that the defendant had a good-faith belief that they owned the property or were legally entitled to possess it. To learn more about combatting theft charges in California, visit our page on Theft Crimes.