Top San Jose, CA Drug Possession Lawyers Near You
247 N 3rd St, San Jose, CA 95112
510 South Mathilda Avenue, Suite 8, Sunnyvale, CA 94086
1960 The Alameda, Suite 185, San Jose, CA 95126
1565 The Alameda, Suite 100, San Jose, CA 95126
1010 West Taylor Street, San Jose, CA 95126
625 North First Street, San Jose, CA 95112
1010 W Taylor St, San Jose, CA 95126
660 Hansen Way, Palo Alto, CA 94304
605 Center Street, Santa Cruz, CA 95060
311 Bonita Drive, Aptos, CA 95003
3203 Hanover St, Suite 100, Palo Alto, CA 94304
Two Palo Alto Square, Suite 300, 3000 El Camino Real, Palo Alto, CA 94306
1900 University Avenue, 5th Floor, East Palo Alto, CA 94303
3000 El Camino Real, 2 Palo Alto Square, Suite 900, Palo Alto, CA 94306
525 University Avenue, Suite 1400, Palo Alto, CA 94301
2391 The Alameda, Suite 205, Santa Clara, CA 95050
950 South Bascom Avenue, Suite 1113, San Jose, CA 95128
650 Castro St, #120-412, Mountain View, CA 94041
1001 Page Mill Rd, Building 1, Palo Alto, CA 94304
355 Woodview Ave, Suite 100, Morgan Hill, CA 95037
1625 The Alameda, Suite 200, San Jose, CA 95126-2223
1870 Embarcadero Road, Palo Alto, CA 94303
One North Market Street, Suite 200, San Jose, CA 95113
99 N First St, Suite 200, San Jose, CA 95113
2114 Senter Rd, Suite 5, San Jose, CA 95112
San Jose Drug Possession Information
Lead Counsel Verified Attorneys in San Jose
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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