Drug crimes are among the most serious yet most common charges in criminal courts, with penalties that range from lenient to incredibly severe. No matter the charge, any person arrested should consult experienced drug crime attorneys who can help to reduce the charges or have them dismissed altogether. Drug Possession As society has shifted from considering addiction as more a medical than criminal problem , California has shifted penalties for simple crimes such as drug possession to focus on treatment over incarceration. In 2000, California voters adopted Proposition 36, which allows defendants accused of drug possession to complete a treatment program in lieu of incarceration. However, not every defendant accused of drug possession is eligible for Prop 36. A defendant is not eligible if he has been incarcerated in the previous five years for a violent felony, or is convicted in the same proceeding of a non-drug related crime. Only an experienced drug offense attorney can ensure that a defendant is eligible for the treatment programs that Prop 36 offers. California Drug Courts California, in fact, has established separate courts to deal with non-violent drug offenses. The priority of these courts is to keep non-violent offenders out of jail and reduce recidivism. Despite the appearance that these courts focusing on treatment instead of punishment may require less of a criminal defendant, oftentimes they require greater help from an attorney. Experienced Los Angeles drug lawyers will note that drug courts often require greater attention from criminal defendants, but upon completion of drug diversion programs the charges against the defendant are completely dismissed. Marijuana Possession Along with reforming drug laws to favor treatment, California voters have shifted policy on marijuana. While drugs like cocaine and heroin remain strictly forbidden under California law, the state no longer has major criminal penalties for possession of small amounts of marijuana. Possession of under one ounce of marijuana is now punishable as an infraction (akin to a speeding ticket) rather than as a misdemeanor. Larger amounts remain punishable by criminal courts, and require a drug offense attorney who can handle the charges. This does not apply to persons charged with other marijuana offenses, such as cultivating or distributing marijuana. Medical Marijuana Along with lessening penalties for small quantities of marijuana, California law has changed the policy on medical marijuana. While some marijuana possession is considered only an infraction, it is legal for medical patients and primary caregivers to possess marijuana in several forms, including a limited number of plants for personal use. The laws for medical ownership of marijuana plants are complex and depend on whether the plants are mature or immature, thus anyone who wishes to possess medical marijuana plants should consult with a Los Angeles drug lawyer who can give guidance about these laws. Other Drug Crimes While California drug courts offer criminal defendants a chance to avoid incarceration for drug crimes, these only apply to minor drug offenses such as possession. Drug production and distribution crimes still entail stiff sentences under California law, and require a drug crime attorney who can defend against the charges.
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