Legal Question in Criminal Law in California

I live in California. I was arrested for possession of math (11377) but after moths when the tests came back the product was discovered to be methylone, or bath slats. Because they're not illegal in California yet, the charges were dropped. From what I understand they are still federally illegal (or were at the time of the arrest- September 2012). Will anything else come of it or can I breathe clear.
And to clarify, I don't use drugs, I was just holding them for my deadbeat sister.

Asked on 1/29/13, 2:33 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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If possessing bath salts was a federal crime at the time of your arrest, then you could still be charged. The Feds will only find out if your D.A. tells them, which is plausible. Even then, the U.S. Attorney might decide not to prosecute you.

It won't matter that you were just holding the drugs for someone else (assuming anyone believes that story). Possession of a a drug has nothing to do with whether you used it.

It also has nothing to do with whether someone else owned the drug, since one person can possess another person's property. In fact, that happens all the time.

Good luck.

Answered on 1/29/13, 2:43 pm

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Zadik Shapiro Law Offices of C. Zadik Shapiro

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What you have not told us is the quantity of the substance. If you were charged with 11377 only and the quantity was an amount that an individual might use in a short period of time it is unlikely the Feds would prosecute. But to be safe you ought to meet with a lawyer and go over all of the facts.

Answered on 1/29/13, 8:55 pm

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