States have three primary approaches as to how much cocaine it takes to trigger felony charges: Some states treat the possession of any amount of cocaine, even very small amounts, as a felony. Other states have a specific threshold amount (such as 500 milligrams in New York) that makes it a felony. A third set …
The Ambien defense is a legal defense strategy to a criminal charge of driving under the influence of drugs (DUID). It argues that you cannot be held criminally liable because your driving was not a voluntary act. However, it is often a weak defense strategy because you knowingly took sleeping pills and the warning label …
Under California Health & Safety Code 11350a, a prosecutor can charge you with possession of a controlled substance if you get caught with certain prescription drugs and don’t have a lawful prescription. A valid prescription, however, would be an effective defense to these charges. Possession of a controlled substance is typically a misdemeanor offense punishable …
In California, it is illegal to possess, consume, or be under the influence of benzodiazepines (“benzos”) without a valid prescription. Benzodiazepines are the most commonly abused prescription drug in the United States. 1. What are benzodiazepines? Benzos are listed as Schedule IV drugs per the Controlled Substances Act. They are minor tranquilizers commonly prescribed for: …
A conviction for drug possession can carry some prison time. Each state law is different, though the sentence is generally for less than a year. Major factors in how much prison time you could get include the type and quantity of the controlled substance, as well as your prior criminal record and what jurisdiction you …
In California, the amount of time you can spend in jail or prison after a conviction for drug possession varies widely. It can be multiple decades or no time at all. Custody time ultimately hinges on five primary factors: the specific drug possession charges you are facing, the type of drug, how much of the …
Las Vegas hotel security guards are not police. Therefore, they are not bound by the Fourth Amendment. They do not need search warrants – or a constitutional exception to the search warrant requirement – to search a hotel patron for drugs. However, hotel security rarely searches patrons for drugs without their permission. In practice, hotel …
While researchers are currently trying to create a workable breathalyzer-type device to test for THC, or the psychoactive compound in marijuana, modern breathalyzers cannot detect THC or weed. Rather, police officers currently rely on field sobriety tests and tests that examine saliva and blood to help determine if you are under the influence of marijuana. …
Colorado law does not punish recreational possession of marijuana and psilocybin (“magic mushrooms”) by adults 21 and over.1 However, it is against federal law to cross state lines with these drugs.2 Even driving with marijuana from Colorado to Arizona or to New Mexico is illegal despite that those states permit recreational marijuana as well.3 Therefore, …
There are five effective strategies that criminal defense attorneys use to try and get a drug possession charge dismissed. These are to show that: you did not “possess” a drug; you wish to enter a drug diversion program; you had a valid prescription for the drug; you did not know that the substance in possession …
Most states define drug trafficking as selling, transporting, or distributing large quantities of illegal drugs. Trafficking is one of the most high-level drug offenses, and what makes it so serious is the large volume of drugs. Trafficking is sometimes referred to as drug distribution. Drug trafficking is typically charged as a felony and is punishable …
First-time drug possession offenders in Arizona generally must be granted probation instead of jail. But there are three exceptions. First-time offenders convicted of drug possession for personal use may be jailed if: The drug was methamphetamine; or The drug was marijuana, and the quantity was two or more pounds (“threshold amount”); or The defendant was …
Truvada While it has not yet been proven, it seems that Gilead Sciences, Inc. had the ability to bring safer, TAF-based versions of its HIV pills to the market up to a decade earlier than they actually did. Victims who took the more dangerous, TDF-based versions of the pills and who have suffered from their …
This is a scenario our California drug crimes defense attorneys see frequently: A defendant is arrested with a substantial quantity of methamphetamine (or another drug) and charged with, for example, Health and Safety Code 11378 HS possession of methamphetamines for sale. Possession of meth (or other drugs) for sale is a California felony. If you …
Drug overdoses in California kill more people than car wrecks. In Orange County alone, 2,078 people died from overdoses between 2008 and 2012. Many people who die from an overdose could have survived if they had received medical attention immediately. That’s why California has a law that shields individuals from some drug charges if they …
The short answer is yes. Possession of nitrous oxide in California–for recreational, non-medical purposes–is a crime under Penal Code 381b PC. Many people are surprised to hear this. Nitrous oxide–often referred to as “laughing gas”–is often seen as more of a harmless diversion than “hard” drugs like cocaine or methamphetamine. It is probably less addictive than …
If you are convicted for manufacturing drugs near an Orange County school, be prepared to serve an even longer prison sentence than you would if the crime was committed anywhere else. In August 2015, Gov. Jerry Brown signed SB 212 into law. New Health and Safety Code Section 11379.6 permits judges to tack on up …
If you are arrested and charged with a San Bernardino County prescription drug offense, the penalties can be severe. Prescription medications are “controlled substances” as defined under California law, and the laws that apply to controlled substances such as heroin and cocaine also apply to prescription drugs if they are possessed, used, sold, or acquired …
Yesterday a clear majority of California voters passed Proposition 47, the “Safe Neighborhoods and Schools Act.” In a nutshell, here is what Prop 47 does to criminal law in California: Prop 47 changes some California crimes from potential felonies to misdemeanors. These crimes include: Grand theft auto and grand theft firearm IF the car or gun …
