Even though California may be more friendly to users of medical marijuana, it is not a “drug-friendly” state and both law enforcement and the prosecutor’s office work diligently to arrest, convict, and jail drug users, traffickers and drug sellers.
While this may conjure up images of Hollywood movies portraying high-tech drug runners, most of the people that are arrested for drug crimes are fairly normal people. They are teenagers, students, parents, and professionals. From all walks of life, people are arrested and convicted of drug crimes on a daily basis.
If you use drugs recreationally, there are a few things you need to know: All non-prescription drugs are illegal. All prescription drugs are illegal if you are not the person to whom the drug is prescribed. Also, many people do not understand that even if you are using medical marijuana that is legal in California, it is still illegal on a federal level.
RECREATIONAL DRUG USE IS STILL CONSIDERED ILLEGAL EVEN IF YOU ARE NOT SELLING OR TRANSPORTING. There are certain drugs such methamphetamine where if you are caught transporting the chemicals necessary to make the drug, you could be arrested, even if the drugs are not actually produced. With this in mind, I always recommend that you avoid using or transporting drugs or the chemicals to manufacture drugs. Doing so puts you at major risk for arrest and possible conviction.
The consequences of drug crimes become even more severe when you sell drugs in ANY quantity near a school. As a drug lawyer, I have represented clients who were arrested for selling drugs near a school, without even realizing a school was nearby. Prosecution does not need to prove that you had the intent to sell drugs near a school.
It is also important to understand the difference between possessing drugs for personal use and possessing drugs with the intent to sell. Each illegal substance has a threshold on how much an individual can possess to be considered consumption for personal use. Going beyond this amount puts you at great risk for being charged with a substantially more serious crime. For example, it is much more difficult to show that a defendant was carrying marijuana for personal use when she has 4 pounds of portioned marijuana in the trunk of her car.
As a drug lawyer, part of my job is to ensure that if you are arrested for a drug crime, the charges are as light as possible. This, for example, could mean getting the accusation of selling drugs reduced to simply possessing or using drugs. These subtleties make a big difference in what fine you will have to pay, if you have to go to jail, for how long, and even the type of jail that you would go to upon conviction. It is important to note, however, that your defense starts from the moment you are arrested. Our office is available 24/7 to answer your phone calls.
