Drug Possession Lawyer

Drug Possession Lawyer 


In many instances, a charge of drug possession arises from a traffic stop. As a result, the defendant may face additional charges relating to driving under the influence DUI. There are several complexities which can aise which can be raised as a defense, including; an unlawful stop or illegal search and seizure, which can get your case dismissed.


We may be able to get nonviolent offenders to qualify for diversion programs. We may be able to negotiate a favorable deal with the district attorney and make certain the charge is eventually removed from your record. We will fight for your rights.


Several sections of California’s Health & Safety Code deal with possession, use, and sale of marijuana. Some can be charged charged as misdemeanors, and others are charged as felonies. Possible penalties include fines, time in county jail or state prison, or diversion through drug court.

 If you’ve been charged with violating any of these provisions, call us immediately 909-340-2000 for a free and confidential consultation.

HEALTH & SAFETY CODE 11357 –  simple possession of marijuana,  infraction or misdemeanor.

    • Possession of an ounce (28.5 grams) or less of marijuana is classified as an infraction and punishable by a fine of up to $100. No jail time.
    • Possession of more than an ounce of marijuana is usually charged as a misdemeanor, with up to $500 in fines and up to six months in county jail.

HEALTH & SAFETY CODE 11358 – Cultivating, harvesting, and processing marijuana.

    • Conviction under HS 11358 is a felony and can result in a state prison sentence.

HEALTH & SAFETY CODE 11359 – Felony to possess marijuana with the intent to sell it.

    • Conviction under HS 11359 is a felony and can result in a state prison sentence.

HEALTH & SAFETY CODE 11360 – Transportation or importation of marijuana a felony.

    • Conviction under HS 11359 is a felony and can result in a state prison sentence.

HEALTH & SAFETY CODE 11364 – It is illegal to possess paraphernalia used to ingest or smoke marijuana or other controlled substances.

Penal Code 1000 (PC 1000)

    • Penal Code 1000 lets you enter a guilty plea to the possession charges and in exchange the court would issue a “deferred entry of judgment.” Once you complete a comprehensive drug treatment program that includes counseling, drug testing, group sessions and other therapies, the court will dismiss the drug possession charges.
    • It is important to note that these programs are not available for people charged with selling, manufacturing, or trafficking drugs.
    • To qualify for Deferred Entry of Judgment / Diversion, the defendant must meet specific requirements, including:
      • No prior convictions for drug possession;
      • No element of violence in the current offense;
      • No outstanding probation or parole violations;
      • No participation in a diversion or deferred entry of judgment program within the preceding five years;
      • No prior felony convictions within the preceding five years.

Proposition 36 (prop 36) under Penal Code 1210.1 

    • PC 1210.1 states  non-violent people charged with possession of illegal drugs, have the chance to enter a treatment program rather than be sentenced to jail or prison. There are strict guidelines which the defendant must meet.
    • Under PC 1210.1, the defendant agrees to enter a guilty plea. The judge will submit a ruling. Subsequently, the defendant will be left with a conviction on his/her criminal record. One may think that all roads lead to jail at this juncture. Instead of a jail sentencing, the defendant will be allowed to be on probation and will usually be enrolled in a drug treatment facility. The defendant might also be ordered to participate in community service or therapy.

Drug Possession Lawyer

For a free consultation about he details of your case, contact us immediately 909-340-2000.