Top San Jose, CA Drug Possession Lawyers Near You
3000 El Camino Real, 2 Palo Alto Square, Suite 900, Palo Alto, CA 94306
525 University Avenue, Suite 1400, Palo Alto, CA 94301
555 Bryant St, Suite 820, Palo Alto, CA 94301
1570 The Alameda, Ste. 212, San Jose, CA 95126
37 E Hedding St., San Jose, CA 95112
300 South First Street, Suite 228, San Jose, CA 95113
45 E Julian St, San Jose, CA 95112
1960 The Alameda, Suite 185, San Jose, CA 95126
1939 The Alameda, San Jose, CA 95126
2021 The Alameda, Suite 275, San Jose, CA 95126
1602 The Alameda, Suite 200, San Jose, CA 95126
96 N 3rd Street, Suite 660, San Jose, CA 95112
31 East Julian Street, San Jose, CA 95112
1565 The Alameda, Suite 100, San Jose, CA 95126
2600 El Camino Real, Suite 400, Palo Alto, CA 94306
111 W Saint John Street, Suite 700, San Jose, CA 95113
50 West San Fernando Street, 10th Floor, San Jose, CA 95113
333 W. Santa Clara St., Suite 805, San Jose, CA 95113
160 West Santa Clara Street, Suite 1180, San Jose, CA 95113
2103 North Pacific Avenue, Santa Cruz, CA 95060
247 N 3rd St, San Jose, CA 95112
660 Hansen Way, Palo Alto, CA 94304
605 Center Street, Santa Cruz, CA 95060
1661 Page Mill Road, Suite A, Palo Alto, CA 94304
225 West Santa Clara, Suite 1500, San Jose, CA 95113
San Jose 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