California Drug Possession Laws

In California, a seemingly innocuous act, such as holding a controlled substance without a valid prescription, could trigger various legal consequences. The laws of the state when it comes to drug possession are complex. For instance, simple possession of a controlled substance carries different penalties than possession with intent to sell.

This article discusses the important provisions under California’s state laws. It offers a detailed overview of how controlled substances are classified and the penalties for possession under California law.

Elements of Illegal Drug Possession in California

The California Health and Safety Code Section 11350(a) contains the laws related to the possession of controlled substances in the state. According to this provision, the following are the elements of drug possession:

• Possession of a controlled substance - The person should have actual possession of the controlled substance. The substance should be one specified under the law or classified as a narcotic drug.
• Lack of prescription - The person possessing the controlled substance does not have a valid prescription issued by a licensed medical professional or a veterinarian authorized to practice in California.
• Knowledge of the presence of the controlled substance - The person in possession knew that the controlled substance was in their possession and understood that it was a controlled substance.

California law prohibits the use of a controlled substance other than by the person who holds the prescription. A person can have the substance if it is at the direction of the prescription holder, and the purpose is to deliver or dispose of the substance.

Possession for Sale

A prosecutor can charge a defendant with simple possession when the defendant possesses one of the substances listed under the Health and Safety Code. A prosecutor may charge a defendant with "possession for sale" or "purchase for sale" if the state believes that the defendant intended to engage in drug dealing.

Classification of Drugs in California

The state of California categorizes controlled substances into five drug schedules. It ranges from Schedule I to V. Schedule I drugs are those that the state considers as having a high probability of addiction and a greater risk of harm.

Schedule V drugs are the least addictive and have the lowest risk of harm. The following are some examples of drugs that fall under these drug schedules:

• Schedule I drugs: Heroin, LSD, cannabis, peyote, ecstasy, and psilocybin.
• Schedule II drugs: Cocaine, methamphetamine, oxycodone, fentanyl, and morphine.
• Schedule III drugs: Codeine, pentobarbital, ketamine, and anabolic steroids.
• Schedule IV drugs: Tramadol, diazepam, lorazepam, and alprazolam.
• Schedule V drugs: Buprenorphine and other drugs with low doses of narcotics.

The schedule of the drug involved in a crime may affect sentencing.

Penalties and Sentences After Prop 47

California sets penalties for drug possession that vary depending on the type of drug, the amount of the drug, and the purpose for which the defendant had possession of the drug.

The sentencing structure for drug possession changed after California voters passed the controversial Proposition 47 in 2014. This new law made many drug possession offenses punishable only as misdemeanors.

It allowed those serving time in a state prison for drug possession charges to petition the court for resentencing. Certain inmates cannot petition the court for resentencing, such as anyone convicted of rape or murder or any registered sex offenders.

Recreational Marijuana Decriminalized in California

In 2016, voters decriminalized recreational marijuana under Proposition 64, the Adult Use of Marijuana Act. Under the new law, adults 21 and over may purchase, possess, and consume for personal use:

• 28.5 grams of marijuana
• Eight grams of concentrated marijuana
• Up to six cannabis plants at their private residence for personal cultivation, but plants must be in a secure space out of public view

Individuals using medical cannabis and their primary caregivers are allowed to have in possession higher quantities of medical marijuana. Under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), they may acquire the following:

• Up to 226.8 grams of dried or concentrated cannabis
• Up to 12 marijuana plants

Although the use of marijuana was decriminalized in California, the laws still treat it as a controlled substance. Law enforcement authorities continue to enforce restrictions against its use and consumption in public areas. It's illegal to use cannabis in the following public places:

• Within 1,000 feet of a daycare center, school, or youth center where children are present
• Where property owners have prohibited the use of cannabis. Renters have to abide by the rental agreement if there are restrictions on smoking or using cannabis within the premises.

The use and possession of cannabis is still illegal under federal laws. Using or possessing cannabis on national parks and federal lands is a crime, as is transporting cannabis across state borders.

California Drug Possession Laws Overview

Below, you will find key provisions of California’s drug possession laws.

Note: California state laws are subject to change. While we strive to provide the most current information, please consult an attorney or conduct legal research to verify the state or federal law(s) you are researching.

Related Articles

• California Drug Cultivation Laws
• California Laws for Heroin, Fentanyl, and Other Opioids
• California Codes
• California Legal Research

Seek Legal Advice From a Criminal Defense Attorney

If you or someone you know is facing charges related to drug possession or other drug crimes, seeking legal advice from a criminal defense attorney can be helpful. They can help you understand the possible criminal charges, examine potential legal defenses, and represent you in court. You do not have to face these drug charges alone. Contact a criminal defense lawyer near you to learn more.