Drug possession requires that the offender knowingly and intentionally possess a drug (listed on a schedule of controlled substances) without a valid prescription in a quantity usable for consumption or sale. The prosecution must prove that the offender knew the drug was a controlled substance and that he or she had either “actual” possession of it or other control over it, either alone or with another person. Possession may also consist of “constructive” possession, which involves property which is not immediately held, but which one has the right to hold and access to, such a key to a locker. Possession is defined under the common law as knowing of something's presence and having physical control of it “actual possession”, or having the power and intention to control it “constructive possession”.

Drug possession sentencing law in California has changed. There is now an emphasis on rehabilitation rather than punishment. Therefore, a conviction will most likely result in mandatory attendance in a drug program. However, if you do not successfully complete the drug program, you could be sentenced to harsher penalties, including incarceration. If you or a love one is charged with drug possession, protect your legal rights.

A person who is convicted of a crime in general faces societal stigmas and potentially irreparable damage to his or her reputation. It is almost always unwise to represent yourself. Retain the services of a seasoned and experienced criminal defense attorney. Contact the Law Offices of Tom R. Medrano for your no-cost consultation.