Top San Jose, CA Drug Possession Lawyers Near You
45 E Julian St, San Jose, CA 95112
Two Palo Alto Square, Suite 300, 3000 El Camino Real, Palo Alto, CA 94306
1960 The Alameda, Suite 185, San Jose, CA 95126
1661 Page Mill Road, Suite A, Palo Alto, CA 94304
225 West Santa Clara, Suite 1500, San Jose, CA 95113
1602 The Alameda, Suite 200, San Jose, CA 95126
111 West St. John Street, Suite 555, San Jose, CA 95113
2600 El Camino Real, Suite 400, Palo Alto, CA 94306
50 West San Fernando Street, 10th Floor, San Jose, CA 95113
625 North First Street, San Jose, CA 95112
95 South Market Street Suite 640, San Jose, CA 95113
755 Page Mill Road, Palo Alto, CA 94304
605 Center Street, Santa Cruz, CA 95060
1870 Embarcadero Road, Palo Alto, CA 94303
2005 De La Cruz Blvd, Suite 295, Santa Clara, CA 95050
310 University Ave, Palo Alto, CA 94301
247 N 3rd St, San Jose, CA 95112
167 Hamilton Ave, Suite 200, Palo Alto, CA 94301
675 N First St, Suite 1050, San Jose, CA 95112
1885 The Alameda, Suite 210, San Jose, CA 95126
111 W Saint John Street, Suite 700, San Jose, CA 95113
3031 Tisch Way, 110 Plaza West, San Jose, CA 95128
600 University Avenue, Palo Alto, CA 94301
1625 The Alameda, Suite 705, San Jose, CA 95126
31 N. 2nd Street, Suite 325, San Jose, CA 95113
San Jose Drug Possession Information
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Ample Experience
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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