Proposition 36 was recently passed in November 2024 in California. It will allow the district attorney to charge a third misdemeanor possession case as a felony. If someone has two “prior” misdemeanor convictions for possession of a controlled substance – Heroin, Methamphetamine, Fentanyl, Xanax, Ativan, Percocet, MDMA, etc., -- the County of San Diego can now charge the third possession charge as a felony. This means the third conviction can lead to felony and up to three years in prison.
At Kern Law, APC, we aggressively defend clients charged with Possession of a Controlled Substance. It is now more important to fight possession cases because of the serious consequences the prior conviction(s) may have on your record and future.
If have been charged with HS 11350(a) or HS 11377(a), there are numerous defenses that may be applicable for your case. Potential defenses include was an unlawful search and seizure conducted to find the controlled substances; did the person know the drugs were in their car, residence, bag, etc., were the amount of drugs found in a useable quantity or were they trace amounts. This is just an example, and many more defenses may be applicable after we conduct our own investigation of the case.
Proposition 36 has made simple possession cases under HS 11350(a) and HS 11377(a) incredibly serious. If you need immediate help with your drug case, Contact Kern Law, APC today to schedule a consultation.