Proposition 64, otherwise known as the “Adult Use of Marijuana Act,” changed the legal landscape for marijuana-related activity in California. “The Act,” which became law on November 8, 2016, is required reading for those practicing in adult and juvenile courts. Most criminal provisions for possession, transportation, and cultivation of marijuana “Proposition 64: Bountiful Harvest of Relief to Many Convicted of Marijuana Offenses”
New Law Allows Drug Convictions to be Invalidated for Some Defendants
As of January 1, 2016, California law provides that the deferred entry of judgment statute (Penal Code section 1000, et.seq.) misinformed defendants, including all non-citizens, about the consequences of the guilty plea. Consequently, these convictions are deemed legally “invalid.” This change will benefit non-citizens because federal immigration law does not recognize “New Law Allows Drug Convictions to be Invalidated for Some Defendants”
Supreme Court Continues to Protect the Fourth Amendment
The United States Supreme Court pronounced yet another opinion safeguarding a person’s expectation of privacy, this time with respect to detentions occurring after a motor vehicle stop. The Court ruled that the police may not prolong traffic stops to allow a drug sniffing dog access to the vehicle. In California, “Supreme Court Continues to Protect the Fourth Amendment”
What Is the Punishment for the Possession or Sale of Xanax in California?
If you are currently facing charges relating to Xanax you need to know the punishment for the possession or sale of Xanax in California.
I Was Caught Smuggling Drugs, Will I Go to Federal Prison?
Because it shares miles of border with Mexico, California has long been a common conduit for illegal drugs filtering into the United States. Over the last several decades, the “War on Drugs” waged by law enforcement in the U.S. has caused penalties for drug smuggling to increase dramatically. If you “I Was Caught Smuggling Drugs, Will I Go to Federal Prison?”
What Is Constructive Possession in San Diego?
Many criminal offenses in San Diego include “possession” of an item as an element of the offense. If you were arrested and charged with one of these offenses and you didn’t actually have possession of the contraband, or item, you may think that you are in the clear. Not necessarily “What Is Constructive Possession in San Diego?”
Treatment Program in San Diego: Can I Do a Program Instead of Going to Jail?
If you have been arrested and charged with a drug or alcohol related criminal offense in San Diego you may be eligible to complete a treatment program instead of going to jail if you are convicted of the offense for which you are charged. Because the laws relating to treatment “Treatment Program in San Diego: Can I Do a Program Instead of Going to Jail?”
Possession, Sale, or Trafficking Methadone in San Diego
If you have been charged with the possession, sale or trafficking of methadone in San Diego, you might be wondering what the possible penalties will be if you are convicted. In San Diego, methadone is a Schedule II drug, meaning it has a significant potential for abuse and is considered “Possession, Sale, or Trafficking Methadone in San Diego”
Possession of Paraphernalia in San Diego: Can You Be Arrested for Having a Pipe on You?
Like many other states, California has laws that make it illegal to possess any device for the purpose of illegal drug use. Because so many household items, including pipes, can be used to smoke, inject or otherwise take drugs, the law doesn’t define what items will be classified as paraphernalia “Possession of Paraphernalia in San Diego: Can You Be Arrested for Having a Pipe on You?”
Cocaine-related Criminal Offense in San Diego: What Is the Punishment for Possession/Sale/Trafficking Cocaine?
Since the 1970s the United States has waged a “War on Drugs” in an attempt to stem the flow of illegal drugs into the U.S. As a result of the War on Drugs most states, including California, have passed tougher laws relating to the possession, sale, or trafficking in controlled “Cocaine-related Criminal Offense in San Diego: What Is the Punishment for Possession/Sale/Trafficking Cocaine?”