Have you been arrested for possession of a controlled substance? Most people have a good understanding that marijuana, heroin, and cocaine are some of the most obvious control substances that can end you up in jail. However, there are some manufactured controlled substances that if found in your possession can leave you in jail with a court date. For those who may not fully understand California State laws on controlled and dangerous substances, Ajua Bail Bonds will help break down and define what the state considers illegal possession of controlled substances.
California Possession of Controlled Substances
Each state will vary of its definition of a Controlled Dangerous Substance or (CDS) and how they regulate and control it. The penalties for possession of CDS vary as well. It is well known that heroin, cocaine, and even marijuana is considered a CDS and if found in your possession will result in the individual being arrested. However, manufactured drugs, especially painkillers such as codeine or morphine can also be considered a CDS if the holder doesn’t have a valid prescription. California divides its dangerous substances into “Schedules” which is the classified level of drugs. Here is how it is broken down.
• Schedule level 1 drug examples are marijuana and opiates.
• Schedule level 2 drug examples are opium and morphine.
• Schedule level 3 drug examples are anabolic steroids and pentobarbital.
• Schedule level 4 drug examples are zolpidem and diazepam.
• Schedule level 5 drug examples are low doses of codeine.
California CDS Drug Possession Penalties
California classifies all possession crimes as infractions, misdemeanors, wobblers or even a felony. If the possession is charged with an infraction, it is typically looked at a less serious crime and often the individual won’t have to spend any time in jail. A misdemeanor is slightly more serious if charged with possession and that can result in up to a year in jail. A felony charge can lead to a state prison sentence that can be anywhere from a year or more. For those with a first offense and have been charged with a felony, can be eligible for an early probation. A wobbler is considered an offense where the individual is charged with a misdemeanor or a felony. The final charge and sentence is determined by the prosecutor or judge.
Illegal Possession of Marijuana
The illegal or unlawful possession of marijuana is penalized or punished by the amount found on the person. For those who don’t have a prescription or proffer of legal consumption can be charged with CDS. Here is the breakdown of illegal possession charges.
• Possession of concentrated cannabis of any amount is punished with incarceration of up to one year in jail and/or $500.
• Possession of up to and not more than 28.5 grams of marijuana is considered an infraction and can result in a fine of $100. (Concentrated cannabis doesn’t apply by weight.)
• Possession of 28.5 grams or more of marijuana can be punished with six months of incarceration and/or $500.
• Possession up to and not more than 28.5 grams of marijuana that is of the age of 18 or more on elementary, middle or high school property during school hours can be punished with a misdemeanor and can be in jail for days and/or be fined $500.
• Possession of less then 28.5 grams of marijuana that is under the age of 18 years of age that is found on elementary, middle or high school property during school hours can be punished with a fine of $250 to $500 and can be committed to juvenile facility for ten days or more.
Bail Bond Services in Selma & Fresno County, Atwater & Merced County, Visalia & Tulare County, Hanford & Kings County, Madera County and the Central Valley of California
If you have been arrested with possession of a controlled dangerous substance and need help posting bail, contact Ajua Bail Bonds. We can help you get out of jail fast so you can prepare for your defense and spend more time with family and friends. Contact Ajua Bail Bonds today.