Category Archives: Drug Offenses

Prop 64 and old marijuana convictions

Last night, California voters passed Proposition 64 which made sweeping changes to the marijuana laws. Possession by adults over 21 for personal, recreational use is now (as of 12:01 Wednesday November 9, 2016) legal in California.  There are also changes to the laws regarding prior convictions for possession, cultivation and distribution or possession for sale […]

Bringing drugs into the jail (Penal Code 4573)

Simple possession + being arrested = Felony drug charges?!?   After the passage of Proposition 47 in November, 2014, simple possession of drugs for personal use is now a misdemeanor charge. But there’s a way for those drugs for personal use can still be charged against you as a felony.  Penal Code section 4573, smuggling […]

Marijuana soon to be just an infraction – 11357(b) changes coming

Currently, under California law, possession of less than an ounce of marijuana is the lowest level misdemeanor possible.  The maximum possible punishment is a fine of no more than $100, but it is still a misdemeanor. Governor Schwarzenegger recently signed into law Senate Bill 1449 which will change the classification of possession of less than […]

Michael Phelps, marijuana and the Sheriff

The media and internet are all abuzz about a photo where Olympic swimmer Michael Phelps is alleged to have been smoking marijuana from a bong.  Apparently, Phelps made some vague admission about inappropriate behavior.  Personal views about marijuana, drugs, athletes and the media aside – what about basic criminal law and procedure? From the ABA […]

I was arrested for possession of drugs. What are my options?

California law provides several options for possession of drug offenses, but the outcome depends on several factors. First-time offenders may be eligible for a drug diversion program that will allow you to attend counseling and ultimately get the charges wiped from your record. That option may not be available if you have a prior record […]