Many people believe that being caught with a small amount of drugs is not a serious matter or that police will simply issue a warning. In reality, California law takes drug possession charges seriously, even when the substance is clearly intended only for personal use.
Depending on the drug, the quantity, and the person’s prior record, a possession case can lead to criminal charges that bring jail time, fines, probation, or mandatory counseling. Beyond the courtroom, a drug conviction creates lasting effects on employment, education, immigration status, and housing opportunities.
Understanding how California courts handle drug possession—and what options may be available—is essential for anyone facing these charges.
California defines possession broadly: if a person knowingly carries, controls, or has access to a controlled substance without a valid prescription, that situation can lead to a possession charge. This holds true whether the drugs were found:
On a person (actual possession),
In a car or home (constructive possession), or
Shared among multiple people (joint possession).
Possession charges also cover not just street narcotics, but prescription medications when there is no valid prescription, such as Xanax, Oxycodone, or Adderall.
Drug possession is generally prosecuted under three categories:
Simple Possession
Covered under Health & Safety Code §11350.
Usually a misdemeanor when the substance is meant for personal use.
Possession of Marijuana Over the Legal Limit
Adults 21+ can legally possess up to 28.5 grams (about an ounce) of cannabis, or 8 grams of concentrated cannabis. Anything above those amounts—or possession by someone under 21—remains a criminal offense.
Possession with Intent to Sell
When prosecutors believe the evidence (quantity, packaging, or cash) suggests distribution.
This can be charged as a felony, carrying far greater penalties.
The consequences vary depending on the type of drug, the quantity, and the person’s criminal history.
Up to 1 year in county jail
Fines up to $1,000
Court-ordered probation, counseling, or community service
Felony charges may apply if the person has prior serious or violent felony convictions or if the case involves intent to sell. Penalties include:
16 months, 2 years, or 3 years in state prison
Heavier fines and stricter probation conditions
Even if jail time is avoided, the long-term effects of a criminal conviction can be significant:
Employment obstacles, especially in industries requiring clean background checks
Housing denials from landlords unwilling to rent to individuals with criminal records
Loss of access to certain financial aid for students
Professional license suspensions or revocations in fields such as nursing, teaching, or law enforcement
Serious immigration consequences, including denial of naturalization or risk of deportation
Recognizing that addiction is primarily a health issue, California law offers alternatives to incarceration for many non-violent possession cases:
Pretrial Diversion (PC 1000): Eligible first-time offenders may avoid conviction by completing a drug education or treatment program.
Proposition 36 (Prop 36): Allows certain individuals to receive probation and treatment instead of jail time.
Drug Courts: Specialized courts, such as those in Fresno County, that promote rehabilitation through monitored treatment instead of punishment.
Completing these programs successfully can sometimes result in charges being dismissed altogether.
Several myths frequently surround drug possession:
“A tiny amount won’t matter.” Even small, trace amounts can lead to arrest and charges.
“Personal use means it’s not serious.” A misdemeanor conviction can still follow someone for years.
“If it isn’t on me, I can’t be charged.” Drugs found in a person’s home, car, or environment can still legally be attributed to them under constructive possession laws.
“A misdemeanor doesn’t require a lawyer.” Professional representation is important even for misdemeanors; the long-term consequences of mishandling a case can be severe.
There are several possible defenses against possession charges, depending on the facts of the case. Some include:
Challenging illegal searches: If law enforcement conducted an unlawful stop, search, or seizure, evidence can be excluded.
Lack of knowledge or ownership: A person might not have known drugs were present where they were found.
Valid prescription: A lawful medical prescription is a complete defense to certain drug charges.
Diversion eligibility: In many cases, pursuing a diversion program can resolve charges without a criminal conviction.
Possession charges—whether misdemeanor or felony—have wide-reaching consequences. A skilled criminal defense attorney can:
Expose flaws in the prosecution’s case,
Petition for diversion or rehabilitation instead of punishment,
Negotiate reduced penalties,
Protect future prospects by aiming to avoid conviction when possible.
Without experienced legal counsel, individuals risk facing avoidable penalties, or missing chances to have charges diverted or dismissed.
Even when only a small amount of drugs is involved, California treats possession charges as serious criminal matters. From jail time to long-term restrictions on employment and housing, the repercussions extend well beyond the courtroom.
The legal system also offers opportunities for rehabilitation and second chances—but navigating those options requires the help of an experienced advocate.
If you or a loved one is facing drug possession charges in Fresno or the Central Valley, representation matters. Mark Broughton has over 40 years of criminal defense experience fighting for the rights of individuals accused of crimes. He is recognized for his deep knowledge of California’s drug laws, his commitment to protecting clients’ futures, and his unwavering defense of constitutional rights.
As a trusted Fresno criminal defense attorney, Mark Broughton has successfully defended thousands of clients against drug possession charges. He works to uncover the strongest legal defenses, ensure fair treatment, and pursue every option that can keep a conviction off your record.
Don’t face drug possession charges alone. Trust Mark Broughton—an advocate with proven results, recognized expertise, and decades of experience defending clients in Fresno and throughout California.
If you have been charged with drug possession—even in small amounts—your rights and your future are on the line. The sooner you speak with an attorney, the stronger your defense can be.
Contact Mark Broughton today to get a free consultation. Let an experienced Fresno criminal defense lawyer guide you through this challenging time and fight for the best possible outcome in your case.
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