What Is Considered Simple Possession?

knowingly possessing a substance

; casually exchanging a substance or giving out 1⁄2 an ounce at most of marijuana; or. possessing a substance without a valid medical prescription.

Can you be charged with drugs in your system?

There is no legal limit for the amount of drugs you can have in your system

— any amount that shows up in a blood test can result in a DUID charge. Additionally, it doesn’t matter whether the drug was legally prescribed.

Does having drugs in your system count as possession?

If you have used illegal drugs, whether “hard” or marijuana, and possess drug paraphernalia that contains residue from these drugs,

you can be charged with possession

. This is true even if your drug use was long in the past.

What defines drug possession?

Drug possession is

a crime involving the possession of an illegal substance

. There are two different types of drug possession: actual possession and constructive possession. Actual possession means having the substance in their physical possession or control.

How is drug possession proven?

To prove possession with intent to sell, prosecutors may present evidence such as

digital scales, baggies, large quantities of the drug

, large amounts of cash in small bills or testimony from witnesses. Also, some states have created separate categories of certain drugs, treating them separately.

What is the difference between simple possession and possession?

When facing a drug offense, there is a big difference between simple possession and possession with the intent to sell or distribute. Simple possession of marijuana (up to 30 grams) is a misdemeanor charge, whereas possession with intent to sell

is a felony

, according to statute 780-113.

Do first time drug offenders go to jail?

There are a lot of variables involved to determine how long you go to jail for possession of drugs in California. In general,

first time misdemeanor drug possession charges are punishable by one year in jail and up to a $1,000 fine

.

Can you be charged for selling drugs in the past?

If you have used illegal drugs, whether “hard” or marijuana, and possess drug paraphernalia that contains residue from these drugs,

you can be charged with possession

. This is true even if your drug use was long in the past.

What happens if someone gets caught with drugs in your car?

In California, the sale or transportation of drugs under HS 11352 is a felony. The standard penalties for these types of code violations could include one or both of the following:

Jail time of 3 to 9 years

.

A fine of up to $20,000

.

What type of charge is possession?

Thanks to Proposition 47, possession of a controlled substance in California is usually

a misdemeanor

that carries the possibility of a 1 year jail sentence. It can, however, be charged as a felony when the accused has a prior conviction for certain crimes or is required to register as a sex offender.

What is the purpose of constructive possession?

Constructive possession is a legal fiction to describe

a situation in which an individual has actual control over chattels or real property without actually having physical control of the same assets

. At law, a person with constructive possession stands in the same legal position as a person with actual possession.

What does possession mean in law?

Possession means

the ownership, control, or occupancy of any object, asset, or property

, by a person. … The two most common types of possession are: Actual possession, also called possession in fact, is used to describe immediate physical contact.

What happens if police find drugs in your house?

When drugs are found in your house or car,

it’s likely you’re going to get charged

. Unless the police have another suspect, you’re the one who will be charged with possession. However, that doesn’t mean you’re unable to get acquitted or have your case dismissed.

What is the sentence for drug use?

Persons convicted on federal charges of possessing any controlled substance face penalties of

up to one year in prison and a mandatory fine of no less than $1,000 up to a maximum of $100,000

. Second convictions are punishable by not less than 15 days but not more than two years in prison and a minimum fine of $2,500.

How do you beat a drug trafficking charge?

1. Understand your rights. …
2. Get an attorney to represent you immediately. …
3. Gather all the evidence immediately. …
4. Focus on an effective strategy. …
5. Lab equipment issues. …
6. Beyond any reasonable doubt. …
7. Grill confidential informants. …
8. Use the entrapment defense.