It is a crime to possess or be under the influence of a controlled substance including; marijuana, methamphetamine, cocaine, heroine, ecstasy etc. These criminal charges are distinguished by the type of drug possessed/or used and the amount. Possession of small amounts of narcotics typically result in a "simple possession" case and can be charged as a misdemeanor. When large amounts of drugs are found, this can result in charges being brought for possession with intent to sell or distribute. California Health and Safety Code 11378-11379 and Health and Safety Code 11377(a)-113550.
When charged with a drug offense, one may be able to avoid a conviction by the completion of the Deferred Entry of Judgment Program or Proposition 36. Penal Code Section 1000.1. These drug laws allow for an individual to complete drug and alcohol counseling, pay fines and fees, in order to avoid a criminal conviction. So long as an individual completes their program and stays crime and drug free during the probationary period (18 months to three (3) years) the charges will be dismissed.
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