Top San Jose, CA Drug Possession Lawyers Near You
1376 N 4th St, Suite 102, San Jose, CA 95112
111 N Market St , Suite 300, San Jose, CA 95113
2391 The Alameda, Suite 205, Santa Clara, CA 95050
950 South Bascom Avenue, Suite 1113, San Jose, CA 95128
50 West San Fernando Street, 10th Floor, San Jose, CA 95113
1625 The Alameda, Suite 200, San Jose, CA 95126-2223
95 South Market Street Suite 640, San Jose, CA 95113
111 West St. John Street, Suite 555, San Jose, CA 95113
755 Page Mill Road, Palo Alto, CA 94304
1870 Embarcadero Road, Palo Alto, CA 94303
167 Hamilton Ave, Suite 200, Palo Alto, CA 94301
675 N 1st Street, Suite 790, San Jose, CA 95112
10080 N Wolfe Rd, Suite SW3-299, Cupertino, CA 95014
160 West Santa Clara Street, Suite 1180, San Jose, CA 95113
510 South Mathilda Avenue, Suite 8, Sunnyvale, CA 94086
2103 North Pacific Avenue, Santa Cruz, CA 95060
600 University Avenue, Palo Alto, CA 94301
2211 Park Boulevard, Palo Alto, CA 94306
1001 Page Mill Road, Building One, Suite 200, Palo Alto, CA 94304
2400 Hanover St, Palo Alto, CA 94304
37 E Hedding St., San Jose, CA 95112
2600 El Camino Real, Suite 400, Palo Alto, CA 94306
300 South First Street, Suite 228, San Jose, CA 95113
1900 Camden Avenue, Suite 101, San Jose, CA 95124
45 E Julian St, San Jose, CA 95112
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