Los Angeles Drug Possession Lawyers

Defending Against Drug Possession Charges in California

Yes. However, "drug possession" is a complex concept in criminal law and can apply to many different types of substances and objects. You can be charged with possession of illegal drugs, possession of drug paraphernalia, possession of a controlled substance, possession of stolen property, and many other offenses. The penalties for possession of illegal drugs can be severe, including a criminal record, fines, and even jail time. The penalties for possession of stolen property can also be severe. If you have been charged with possession of any kind, you should speak to an experienced attorney as soon as possible.

At Stephen G. Rodriguez & Partners, we have over 75 years of combined experience defending clients facing all types of possession charges. We understand the laws and procedures involved in these cases, and we know how to present a compelling defense.

Call us today at (213) 481-6811 or contact us online to schedule a free initial consultation with our drug possession lawyers in Los Angeles.

What is Drug Possession?

Under California Health and Safety Code §11350, drug possession occurs when a person knowingly has control over a controlled substance without a valid prescription or legal authority. Controlled substances include both illegal narcotics—such as cocaine, heroin, and methamphetamine—and prescription drugs obtained or used unlawfully, such as oxycodone, Xanax, or Adderall.

To convict someone of drug possession, prosecutors must prove three key elements beyond a reasonable doubt:

• The accused possessed a controlled substance.
• The accused knew of the drug’s presence.
• The accused knew that the substance was illegal or controlled.

Possession doesn’t always mean having the drugs in your pocket or bag. You can be charged even if the drugs are found in your car, home, or another area under your control.

Common Ways to Possess Controlled Substances

There are several ways the law recognizes possession of drugs. Understanding these distinctions is critical to building a strong defense.

Actual Possession

This means the drugs are found directly on your person—such as in your pocket, purse, or hand. Actual possession is the most straightforward type of possession, but even then, the prosecution must prove that you knowingly had the drugs.

Constructive Possession

Constructive possession means the drugs were found in a place you had access to or control over, like your car, house, or locker. You don’t have to physically hold the drugs to face charges.

Joint Possession

This occurs when two or more people share control or ownership of a controlled substance. For example, if drugs are found in a shared apartment, multiple individuals could face possession charges.

At Stephen G. Rodriguez & Partners, we know that law enforcement often assumes control or knowledge where none exists. We carefully examine every detail of your case to identify weaknesses in the prosecution’s argument—whether it’s a lack of knowledge, illegal search and seizure, or failure to prove possession beyond a reasonable doubt.

Drug Possession Penalties in California

The penalties for drug possession in California depend on several factors, including the type and amount of the substance, prior criminal history, and whether the possession was for personal use or distribution.

Misdemeanor Possession (Personal Use)

After the passage of Proposition 47, most simple possession cases involving controlled substances are charged as misdemeanors. Penalties can include:

• Up to 1 year in county jail
• Fines up to $1,000
• Probation and mandatory drug counseling

First-time offenders may be eligible for diversion programs such as PC 1000 or Drug Court, which can result in dismissal of charges upon successful completion of treatment.

Felony Possession

Felony charges may apply if the defendant has prior serious convictions or if large quantities suggest intent to sell. Penalties may include:

• 16 months to 3 years in state prison
• Substantial fines
• Permanent criminal record

Possession with Intent to Sell

Possession with intent to sell, under Health and Safety Code §11351, carries more severe penalties, including multi-year prison sentences. Prosecutors often rely on evidence like packaging, scales, or large sums of cash to prove intent to distribute—even without direct sales evidence.

Marijuana and Prescription Drugs

While recreational marijuana is legal in California, possession of amounts over the legal limit or possession with intent to sell without a license remains illegal. Similarly, possessing prescription medications without a valid prescription can result in criminal charges.

Defenses Against Drug Possession Charges

Our Los Angeles criminal defense attorneys employ proven defense strategies to protect our clients, such as:

• Illegal Search and Seizure: Challenging evidence obtained without a proper warrant or probable cause.
• Lack of Knowledge: Arguing that you were unaware of the presence or nature of the controlled substance.
• Momentary Possession: Showing that you possessed the drugs only temporarily to dispose of them safely.
• Valid Prescription: Demonstrating lawful possession through a legitimate medical prescription.
• Police Misconduct: Exposing false testimony, entrapment, or improper evidence handling.

Every case is unique, and we tailor our defense to your specific circumstances. Our attorneys will review the evidence, question the legality of the arrest, and fight to have your charges reduced or dismissed entirely.

Los Angeles Drug Laws & Enforcement

Los Angeles upholds California's stringent drug laws with a focus on reducing substance abuse and its related crimes throughout the city. In California, Proposition 47 has reduced certain drug possession charges from felonies to misdemeanors. However, these reductions do not apply to individuals with prior convictions involving violence or serious felonies.

The Los Angeles Police Department places significant emphasis on drug-related offenses, often collaborating with state and federal agencies to enforce laws and implement preventative measures. The city's diverse communities often face different levels of drug activity, prompting targeted initiatives that address specific local challenges. Understanding these local enforcement patterns is crucial for residents, as it affects both policing strategies and community relationships.

Can I Get My Possession Charges Dismissed?

In California, drug diversion programs and drug courts are designed to help individuals charged with drug offenses receive treatment instead of facing traditional criminal penalties. These programs aim to address the root causes of drug abuse and reduce recidivism by providing offenders with the resources and support needed to overcome addiction.

Drug Diversion Programs allow individuals charged with certain drug offenses to avoid jail time by completing a drug treatment program.

Here are key aspects:

• Eligibility: Typically, non-violent offenders charged with simple possession of drugs are eligible. Those with more serious charges or extensive criminal histories may not qualify.
• PC 1000 (Penal Code 1000): This is one of the most common drug diversion programs. Eligible defendants plead guilty but their conviction is deferred while they complete a drug education or treatment program. Successful completion of the program leads to dismissal of the charges.
• Requirements: Participants must complete a specified drug treatment program, which can include education classes, therapy, and regular drug testing.
• Outcome: If the program is successfully completed, the charges are dismissed. Failure to complete the program can result in the case being reinstated and potentially lead to sentencing.

Drug Courts are specialized court programs that focus on treating drug addiction rather than imposing criminal penalties.

These courts offer a structured environment with close judicial oversight. Key elements include:

• Eligibility: Similar to drug diversion programs, drug courts typically accept non-violent offenders who are charged with drug-related offenses and are struggling with addiction.
• Program Structure: Drug court programs are more intensive than standard diversion programs. They include regular court appearances, rigorous treatment programs, frequent drug testing, and close supervision by court officials.
• Phases: Participants usually go through multiple phases, starting with intensive treatment and frequent court appearances, and gradually moving to less frequent supervision as they progress.
• Support Services: In addition to drug treatment, participants may receive support for employment, housing, education, and other needs to help them reintegrate into society.
• Outcome: Successful completion of a drug court program can result in the dismissal or reduction of charges, whereas failure to comply with the program's requirements can lead to traditional sentencing.

Both drug diversion programs and drug courts focus on rehabilitation and recovery, offering individuals the chance to avoid a criminal record while addressing the underlying issues related to their drug use.

Drug Possession FAQs

Will a drug possession conviction stay on my record?

Yes, but you may be eligible for expungement after completing your sentence and probation. Expungement can help minimize the long-term impact of a conviction.

Can police search my car without a warrant?

Police generally need probable cause to search your vehicle. If your rights were violated, we can file a motion to suppress illegally obtained evidence.

Why should I hire a Los Angeles drug possession lawyer?

A skilled defense attorney can identify weaknesses in the prosecution’s case, negotiate for reduced penalties or dismissal, and protect your rights throughout the process.

Contact Our Drug Possession Lawyer in Los Angeles Today

If you have been charged with drug possession, you should speak to a lawyer as soon as possible. At Stephen G. Rodriguez & Partners, we will fight for you. We will investigate your case, determine the best defense strategy, and work tirelessly to achieve the best possible outcome. We have a long track record of success, with many positive outcomes for our clients, and we are ready to fight for you.

Contact us today at (213) 481-6811 to discuss your case with our Los Angeles drug possession attorney.