Top Saratoga, CA Drug Possession Lawyers Near You
70 South First Street, San Jose, CA 95113
255 North Market St, Suite 170, San Jose, CA 95110
50 West San Fernando Street, 7th Floor, San Jose, CA 95113
1885 The Alameda, Suite 210, San Jose, CA 95126
6840 Vía del Oro, Suite 2651, San Jose, CA 95119
3031 Tisch Way, Suite 300, San Jose, CA 95128
1950 University Avenue, Suite 450, East Palo Alto, CA 94303
615 National Ave, Suite 220, Mountain View, CA 94043
55 Almaden Blvd, 8th Floor, San Jose, CA 95113
1841 Page Mill Rd, Suite 150, Palo Alto, CA 94304
2570 N. 1st Street, 2nd Floor, San Jose, CA 95131
181 Devine St, San Jose, CA 95110
1625 The Alameda, Suite 405, San Jose, CA 95126
510 South Mathilda Avenue, Suite 8, Sunnyvale, CA 94086
1520 The Alameda, Suite 100, San Jose, CA 95126
311 Bonita Drive, Aptos, CA 95003
55 River St, Suite 220, Santa Cruz, CA 95060
1010 West Taylor Street, San Jose, CA 95126
1010 W Taylor St, San Jose, CA 95126
1565 The Alameda, Suite 100, San Jose, CA 95126
1625 The Alameda, Suite 801, San Jose, CA 95126
1602 The Alameda, Suite 200, San Jose, CA 95126
111 North Market Street, Suite 300, San Jose, CA 95113
1530 The Alameda, Suite 301, San Jose, CA 95126
160 W. Santa Clara Street, Suite 1000, San Jose, CA 95113
Saratoga Drug Possession Information
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Lead Counsel independently verifies Drug Possession attorneys in Saratoga and checks their standing with California bar associations.
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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