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Federal Criminal Defense Attorney
John D. Kirby in San Diego, CA

All states regulate and control the possession of controlled substances. California classifies well-known and the compounds used to manufacture them. Drug possession crimes in California are classified either as an infraction, misdemeanor, “wobbler,” or felony. Infractions are the least serious and don’t include jail time. Misdemeanors can lead up to a year in jail, and felonies carry state prison sentences of over a year (however, some first offenders may be eligible for probation). A “wobbler” is an offense that may be charged or sentenced as either a misdemeanor or felony, depending on the facts of the case. One of our experienced criminal defense attorneys at the Law Offices of John D. Kirby can help defend you.

How California Classifies Controlled Substances

California law divides controlled substances into five “schedules.”

  • Schedule I drugs (hallucinogens, heroin, and opiates)
  • Schedule II drugs (Morphine, oxycodone, or raw opium)
  • Schedule III drugs (anabolic steroids)
  • Schedule IV drugs (diazepam or zolpidem)
  • Schedule V drugs (low doses of codeine combined with nonnarcotic ingredients)

Possession of any number of controlled substances of Schedule I, II and III is punishable by up to one year of incarceration in the county jail.

Possession of Marijuana

Under Proposition 64, adults age 21 and older can legally possess specified amounts of marijuana and concentrated cannabis. However, smoking marijuana is not permitted in or near certain places. Possession of not more than 28.5 grams of marijuana or not more than eight grams of concentrated cannabis by someone younger than 21 is an infraction. If this possession occurs at or near a school, the penalty for anyone age 18 and older is raised to a misdemeanor. Possession of more than 28.5 grams of marijuana or more than eight grams of concentrated cannabis by a person younger than 18 is considered an infraction and for a person 18 or older, a misdemeanor.

Call to Schedule a Free Consultation With a Criminal Defense Lawyer Today

If you have been charged with illegal possession of a controlled substance, call to schedule a free consultation with a criminal defense attorney today. At the Law Offices of John D. Kirby, we understand all drug laws in the State of California and can uphold them in all legal proceedings for our clients. Schedule a legal consultation by calling 619-557-0100 and speak with our friendly and experienced legal staff.