Drug Possession- Personal Use

Under Penal Code Section 11350, the possession of heroin or crack cocaine can only be charged as a felony. The possession of almost all other controlled substances can be charged as either a misdemeanor or a felony. The maximum sentence for possession for personal use is three years in prison.

Persons charged with a possession offense are often eligible for a probation only sentence. This means they have a right to drug treatment in lieu of prison or jail. In California, these programs are called 'Deferred Entry of Judgement' and 'Proposition 36 Treatment'. Each program has different requirements for eligibility. If a person is sentenced under either of these programs, they have a right to have their case dismissed if they complete probation successfully.

Criminal Defense Attorney San Mateo Possession of Controlled Substances