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Drug related offenses may be classified as either a misdemeanor or as a felony. Generally, drug offenses fall into one of two categories: (1) being under the influence of a controlled substance, and (2) being in possession of a controlled substance.
Under the Influence of a Controlled Substance.
Being under the influence of a controlled substance is typically charged as a misdemeanor. Even on a first offense, however, the statute requires a minimum jail sentence of 90 days. This term increases for subsequent offenses. The statute that prohibits being under the influence of a controlled substance in California is Health and Safety Code Section 11550.
Being In Possession of a Controlled Substance.
Being in possession of illegal drugs is a more serious charge than being under the influence. A possession charge is typically a felony offense. Often, a first offense jail sentence may be 180 days in county jail.
However, recent changes in California law may make it possible to avoid jail by attending a drug treatment program instead. If you are interested in such a program in Ventura County California a list of both mens and womens programs in Ventura County may be downloaded here:
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