Legal Question in Criminal Law in California

Re: drug possession

Possession of small quantities of drugs for personal use is usually a misdemeanor, though in some states possession of particularly powerful or dangerous drugs may be a felony. The penalty varies from state to state and also depends upon the precise quantity and which drugs are involved; penalties can increase dramatically if the offender has a criminal history or if the drugs were discovered along with evidence of other crimes.

In California, most first-time violator's of possession laws (as opposed to dealers) are eligible for a diversion program in which they are treated for drug dependancy rather than punished. They only get to do this once, though; if they are caught again they face criminal penalties.