Drug Possession Laws in California

Simple possession of a controlled substance (knowingly possessing a usable amount of a drug, knowing its nature) is generally a misdemeanor punishable by up to 1 year in county jail; a person with a prior conviction for certain very serious offenses or who must register as a sex offender is instead sentenced under Penal Code § 1170(h) (16 months, 2 or 3 years). Penal Code section 1000 drug diversion may be available. Since Proposition 36 (effective December 18, 2024), possessing a 'hard drug' (generally a Schedule I or II drug, including methamphetamine) by a person with two or more prior drug convictions of listed kinds is a 'treatment-mandated felony' under Health and Safety Code section 11395: a first conviction is punishable by up to 1 year in county jail or 16 months, 2 or 3 years under § 1170(h), and a later conviction by up to 1 year in county jail or state prison. The defendant may choose treatment instead, and the charge is dismissed after successful completion; jail or prison can be imposed only if the court finds the person not eligible or suitable for treatment or another listed circumstance applies.

California's rule on court-appointed lawyers: At the arraignment, if the defendant cannot afford a lawyer, the judge will appoint one, typically a public defender, free of charge. If the public defender cannot take the case or there is no public defender in the area, the court will usually appoint another lawyer. California Courts Self-Help Guide, 'The arraignment'

Lawyers set their own fees, and California has rules on how they may charge. See hiring a criminal defense lawyer in California for fee rules, how to check a lawyer's license and free help.

How release before trial works in California: Each county superior court adopts a bail schedule under Penal Code § 1269b; it fixes the amount on which a person arrested without a warrant may be released before appearing in court. After the first court appearance, the amount of bail is within the judge's discretion and may be higher or lower than the schedule, subject to Penal Code § 1275 and controlling case law, including In re Humphrey (2021) 11 Cal.5th 135. Persons not entitled to bail are those charged with capital crimes when the facts are evident or the presumption great; felonies involving acts of violence when the facts are evident or the presumption great and the court finds by clear and convincing evidence a substantial likelihood that release would result in great bodily harm to others; and felonies when the facts are evident or the presumption great and the court finds by clear and convincing evidence that the person threatened another with great bodily harm and would likely carry out the threat. For serious and violent felonies and certain domestic-violence and stalking offenses, release on bail in an amount other than the schedule requires a hearing in open court. At arraignment the judge may release a defendant on his or her own recognizance, release under supervision, set bail, or not set bail; typically, someone charged only with misdemeanors will be released on their own recognizance. Cal. Const. art. I, § 12; Cal. Penal Code §§ 1269b, 1270.1, 1270.5, 1275; Santa Clara County Superior Court 2026 Criminal Bail Schedule; California Courts Self-Help Guide What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See California expungement and record sealing rules.