Understanding the Differences
Drug laws in California have changed significantly over the past decade, leaving many people confused about what is and isn’t illegal. Some people assume that drug possession is no longer a crime because of reforms like Proposition 47, while others believe any amount of drugs automatically leads to felony charges. The reality is more nuanced.
Drug possession will usually result in criminal charges in California. In situations involving possession for sale, large quantities, or controlled prescription drugs obtained illegally, drug charges will almost certainly follow. In Riverside County and throughout Southern California, prosecutors continue to pursue drug cases aggressively when they believe someone intends to sell or distribute controlled substances.
Below is a general overview of how California drug possession laws work, the difference between simple possession and possession for sale, and whether drug charges may be eligible for expungement.
Is Drug Possession Still Illegal in California?
Yes. Drug possession is still illegal in California for all controlled substances, including drugs such as:
- Cocaine
- Heroin
- Methamphetamine
- Fentanyl
- LSD
- Ecstasy (MDMA)
- All prescription medications without a valid prescription
However, simple possession of controlled substances for personal use is typically charged as a misdemeanor under California law unless the defendant has prior convictions of the same and/or is forced to register under CA Penal Code section 290.
A misdemeanor drug possession conviction can still result in:
- Up to one year in county jail
- Fines
- Probation
- A permanent criminal record
In many cases, courts may offer diversion programs that allow eligible defendants to complete treatment will lead to the charges being dismissed.
Still, every case is different, and prosecutors often examine the circumstances carefully before deciding what charges to file.
What Is Proposition 47?
Proposition 47 is a California voter initiative passed in 2014 that changed how certain nonviolent crimes are charged, including many drug possession offenses. Before Proposition 47, simple possession of most controlled substances would be charged as a felony.
Under Proposition 47, most drug possession for personal use is now treated as a misdemeanor instead of a felony. The goal of the measure was to reduce incarceration for nonviolent offenses and shift resources toward treatment and rehabilitation.
However, Proposition 47 did not make drug possession legal. People can still be arrested and prosecuted for possessing controlled substances. The law also does not apply to sales, possession for sale, or transportation of controlled substances.
Possession for Sale vs. Simple Possession in California Drug Laws: What’s the Difference?
One of the most important distinctions in California Drug Law is the difference between simple possession and possession for sale.
Possession for sale is a more serious offense than simple possession. Typically a case will be charged as a simple possession unless one or more of the following exists:
- Large quantities of drugs
- Drugs packaged into multiple baggies
- Digital scales
- Large amounts of cash
- Text messages suggesting drug sales
- Pay/owe sheets or ledgers
Unlike simple possession, possession for sale of a controlled substance is always charged as a felony. A conviction can lead to significant jail or prison time, higher fines, and long-term consequences for employment and housing.
Because the difference between these two charges can dramatically affect the outcome of a case, drug possession cases often hinge on how the evidence is interpreted.
Prescription Drug Charges in Riverside County
Many drug cases in Riverside County involve prescription medications rather than illegal street drugs. Common examples include:
- Oxycodone
- Hydrocodone
- Xanax
- Adderall
- Codeine
- Morphine
Even though these medications are legal with a valid prescription, possessing them without a prescription or outside the terms of a prescription can lead to criminal charges.
Examples of prescription drug violations include:
- Possessing someone else’s medication
- Altering or forging prescriptions
- “Doctor shopping” to obtain multiple prescriptions
- Selling prescription medication to others
Depending on the circumstances, prescription drug offenses may be charged as either misdemeanors or felonies.
Because prescription drug cases often involve complex medical or pharmacy records, they frequently require careful legal analysis.
Can Drug Charges Be Expunged in California?
Many people worry about how a drug conviction will affect their future. The good news is that some drug offenses may qualify for expungement under California law.
An expungement allows a person to withdraw their guilty plea and have the case dismissed after successfully completing probation.
Expungement can provide several important benefits, including:
- Improving employment opportunities
- Helping with housing applications
- Allowing individuals to legally state they were not convicted of the offense in most private employment situations
However, not every case qualifies for expungement. Eligibility often depends on factors such as:
- The type of offense
- Whether probation was completed successfully
- Whether the defendant served time in state prison
- Whether new charges have occurred
In some situations, it may also be possible to pursue record sealing or other forms of post-conviction relief.
Why Drug Charges Should Be Taken Seriously
Even misdemeanor drug charges can have lasting consequences, including effects on employment, professional licenses, immigration status, and housing opportunities.
Because drug cases often involve issues such as search and seizure, probable cause, and evidence handling, they can sometimes be challenged in court. For example, an unlawful search or improper police procedure may affect whether evidence can be used.
Each case depends on its specific facts, which is why speaking with a criminal defense attorney early in the process can be important.
Are you Facing a Drug Charge in Riverside County?
If you or someone you care about is facing a drug charge in Riverside County or the surrounding areas, understanding your legal options is critical.
An experienced criminal defense attorney can review the facts of your case, explain the charges you may be facing, and help determine the best strategy moving forward.
The Law Office of H. Charles Gorian represents clients throughout Murrieta, Temecula, and Riverside County in a wide range of criminal defense matters.
To schedule a confidential consultation, contact the office today through the website contact form or by phone.