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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





How Are Drug Offenses Determined To Be Either A Misdemeanor Or A Felony Offense?

A drug offense is determined to be either a misdemeanor or a felony offense based on the type of drug involved and whether it was possessed for personal use or for sale. Almost all marijuana charges are misdemeanors because of a voter initiative in 2016. Unless it’s a large quantity of marijuana that is being transported out of the state, most of the time you are going to see it charged as a misdemeanor. If you are getting on a plane and taking a large quantity of marijuana out of the state of California, then you are likely going to be looking at a felony. Most other drug offenses are typically charged as misdemeanors if they are simple possession or under the influence offenses whether it’s cocaine, xanax, methamphetamines, or the like. But if drugs are possessed or transported for sale, then they’re generally felony offenses. As I mentioned before, there is a manufacturing offense involving the use of chemicals and other materials to make certain drugs like methamphetamine, and that is almost always a felony offense.

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