Top Cupertino, CA Drug Possession Lawyers Near You
15559 Union Ave, Suite 138, Los Gatos, CA 95032
1565 The Alameda, Suite 100, San Jose, CA 95126
660 Hansen Way, Palo Alto, CA 94304
2440 W. El Camino Real, Suite 700, Mountain View, CA 94040-1499
Two Palo Alto Square, Suite 300, 3000 El Camino Real, Palo Alto, CA 94306
31 East Julian Street, San Jose, CA 95112
220 South California Avenue, Suite 246, Palo Alto, CA 94306
2475 Hanover Street, Palo Alto, CA 94304-1194
1625 The Alameda, Suite 801, San Jose, CA 95126
111 North Market Street, Suite 300, San Jose, CA 95113
1001 Page Mill Rd, Building 1, Palo Alto, CA 94304
111 N Market St, Suite 300, San Jose, CA 95113
228 Hamilton Ave., 3rd Floor, Palo Alto, CA 94301
3203 Hanover St, Suite 100, Palo Alto, CA 94304
1010 W Taylor St, San Jose, CA 95126
8 N. San Pedro St., Suite 280, San Jose, CA 95110
675 N 1st Street, Suite 790, San Jose, CA 95112
650 Castro St, #120-412, Mountain View, CA 94041
1376 N 4th St, Suite 102, San Jose, CA 95112
1279 Oakmead Pkwy, Sunnyvale, CA 94085
10080 N Wolfe Rd, Suite SW3-299, Cupertino, CA 95014
625 North First Street, San Jose, CA 95112
37 E Hedding St., San Jose, CA 95112
300 South First Street, Suite 228, San Jose, CA 95113
95 South Market Street Suite 640, San Jose, CA 95113
Cupertino Drug Possession Information
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Drug Possession
Drug possession is the illegal possession of a controlled substance. Essentially, to be convicted of a drug possession charge, you knowingly must have a controlled substance in your possession or within your proximity, like storing it in your vehicle. Drug possession can also include having a device used for the consumption of a controlled substance. This is a criminal offense under both California state law as well as federal law.
Types of Drug Possession Charges
Sometimes drug possession is referred to as actual possession or “constructive” possession, meaning that an individual knowingly has access to and control of a controlled substance but it is not on the person. Some common ways for constructive possession occur is when a person knowingly stores an illegal controlled substance in their car or at their home. Possessing a smaller quantity of a controlled substance for personal use is commonly known as “simple possession.“
What Is A Controlled Substance?
Federal law as well as state law determines the severity of drug possession charges based on the type of drug and divides them into different “schedules.” Each schedule is based on the potential for dependency and abuse. This sliding scale of schedules starts with Schedule V drugs, having the lowest risk, and increases in severity up to Schedule I, posing the most severe risk.
- Schedule I: Heroin, ecstasy, lysergic acid diethylamide (LSD), marijuana, peyote
- Schedule II: Methamphetamine, cocaine, morphine, methadone, phencyclidine (PCP), fentanyl
- Schedule III: Anabolic steroids, ketamine, barbiturates, testosterone, Tylenol with codeine
- Schedule IV: Valium, Xanax, Tramadol
- Schedule V: Other unlawfully obtained prescription drugs and cough medicines like Robitussin with codeine