Drug Possession

Prop 47 Brings New Drug Possession Laws, Reduced Sentences

Dark and grungy prison cell at night

Over the past year, the number of inmates in California’s jails and prisons has decreased by about 13,000, largely due to the enactment of Proposition 47. Also known as the Safe Neighborhood and Schools Act, Prop 47 is expected to enrich California state coffers by more than $150 million this fiscal year thanks to reduced prison and jail overcrowding.

In November 2014, Californians overwhelmingly passed Prop 47 with the intent of ending long sentences for minor offenses such as drug possession and petty property crimes. Implementation of the new law has proven challenging, however, with some public officials and law enforcement agencies reportedly opposing the measure and failing to act. Advocacy groups, community organizations and attorneys are stepping in to assist people who are entitled to relief under Prop 47.

How has Prop 47 Changed Drug Possession Laws?

Prop 47 includes four main provisions. The law:

Reduces six common drug and nonviolent property felonies to misdemeanors. Individuals who were previously convicted of certain sex offenses or murder are excluded.
Allows for punishment to be reduced to misdemeanors. A request for re-sentencing can be denied if a judge feels that an inmate poses a risk to public safety.
Allocates savings to a state fund for treatment of drug addiction and mental illness, truancy reduction and victim support.
Allows criminal records to be amended to show misdemeanors rather than felonies.

Contact a Drug Lawyer Los Angeles for Assistance with Drug Possession Laws

As many as 300,000 people in Los Angeles County alone may be eligible for relief from Prop 47, but they must act quickly; requests for changes must be submitted by 2017. For more information about having your record amended under Prop 47, contact an experienced drug lawyer Los Angeles. Call [number type=”1″], or visit our website.

Reducing Drug Sentencing Through White Collar Crime Comparisons

handcuffed-man-300x200 Criminal justice in the US appears to be flawed due to overcrowded prisons and the language of laws, reports Jacob Shamsian. More than two decades have passed since Bill Clinton signed the 1994 Violent Crime Control Act in an attempt to curtail criminal offenses, asserts NPR.ORG. However, Thea Johnson and Mark Osler have authored a new paper on the rationale behind reducing drug sentencing.

Where Is the Problem?

Today’s punishments for drug-related offenses rely on the quantity of drugs. For example, punishments are given on the basis of weight of the substance. In many cases, the offender may only be tied to the presence of the drugs, and profits from drug-related transactions may be minimal.

The Anti-Drug Abuse Act of 1986 changed sentences for possession of powdered or crack cocaine. Since punishments derive from quantity, a drug crime attorney has limitations on his or her ability to defend a client. Unfortunately, both laws have been shown to disproportionately affect minorities and the poor, ultimately, resulting in higher incarceration rates for minorities. The only viable solution is reducing drug sentencing mandates.

Why Should Drug Offense Classification Change?

Drug offense classification is defined by the possession, manufacture, and distribution of a given substance. However, the scholars believe such offenses should carry sentences and punishments of white collar crimes. Logically, drug offenses are typically related to business transactions. Why should a business-related crime not include typical business-related punishments? Both crimes are profit-driven entities, and punishment for unlawful actions should flow in the same pattern. Within Johnson and Osler’s paper, most drug offenders are poor and trying to survive in a poverty-stricken society. Reducing drug sentences is possible by charging offenders based on net-gain from drug-related transactions.

Johnson and Osler represent part of a growing movement towards the decriminalization of many anti-minority laws, and a drug crime attorney must understand the need for radical reform of today’s drug sentences. Recently, President Obama enacted changes through executive action for reducing drug sentencing mandates, and Bill Clinton has expressed remorse in signing the Violent Crime Control Act.

If you have become the victim of disproportionate drug sentencing mandates, contact an experienced drug crime attorney, such as the Law Offices of Lawrence Wolf. Call [number type=”1″], or go to our website: www.youareinnocent.com.

The Decriminalization of Drugs and Other Innovative Approaches Could Solve America’s Drug Problem

pills-and-syringe-300x199 America’s war on drugs, started by President Nixon, has been an abject failure in almost every way. After millions of shattered lives and billions spent on incarcerations, drug use has only increased in the decades that followed. In fact, the sole “success” of the war on drugs is that the United States became the world’s leading incarcerator.To combat the persistent issues caused by the war on drugs, America simply needs to look at its global neighbors and allies for innovative approaches that can solve our drug crisis.

Following Portugal’s Lead, America Could Decriminalize Drugs

Ask any drug crime lawyer whether drug users in prison deserve their lengthy sentences, and they will respond with an emphatic, “No!” Decriminalizing drug use would eliminate incarcerations for drug use, replacing this antiquated practice with a health-centered approach that revitalizes communities.

Portugal provides an incredible example of the benefits afforded to societies when they decriminalize drugs.

To Combat the Dangers of Heroin, the U.S. Can Implement Heroin-Assisted Treatment Programs

Heroin-assisted treatment (HAT) programs are used to great effect in Canada and other European nations. HAT programs and centers provide clinically administered doses of heroin that have been proven time and again to reduce illicit drug use, crime, disease and overdose deaths.

These programs also focus on social reintegration and comprehensive wellness, which has resulted in convincing successes.

Supervised Injection Facilities Can Reduce HIV Infections and Overdose Deaths

Finally, supervised injection facilities (SIFs) are yet another inventive approach to reducing the dangers of drug use. By providing clean and sterile syringes, disease, overdoses and HIV risks are all greatly reduced. More importantly, statistics show that these facilities do not increase drug use or related criminal activity. Unfortunately, none of these facilities have been implemented in the United States.

The time has come for America to implement some of these remarkable approaches that will reduce incarceration, crime, drug use and diseases without relying on a broken criminal justice system that compounds the drug problem instead of fixing it.

If you have been arrested on drug charges in the Los Angeles area and need the assistance of an expert drug lawyer, seek out a proven drug lawyer at the Law Offices of Lawrence Wolf. Call now at [number type=”1″], or go to our website: www.youareinnocent.com for a free consultation.Windows 10 activator

2014 in Review: Legislative Changes Needed in the War on Drugs

America’s War on Drugs is mired in flawed and incomplete policies as evidenced when looking back on some of the events of 2014.

Acclaimed actor Phillip Seymour Hoffman’s overdose death was a tragic reminder of the 105 people who die every day in the U.S. from overdosing. Over 30,000 die annually from accidental overdose. California was the most recent and largest state to help pass overdose prevention laws. Their new legislation allows citizens better access to opiate overdose reversal medication, which can be obtained via a pharmacist.

Many citizens across the country want to legalize marijuana. In 2014, voters in Oregon, Washington, D.C. and Alaska passed measures to legalize it. In 2012, Colorado and Washington lead the way with legalization measures.

In November, California passed Proposition 47, which is an attempt to end incarceration for low-level drug offenses. Voters approved a measure to change six nonviolent offenses (like drug possession) from felony to misdemeanor charges.

The Global Commission on Drug Police — comprised of former UN head Kofi Annan, former Mexican President Ernesto Zedillo and others — called for the legal regulation of drugs and drug decriminalization.

Attorney General Eric Holder continued to make attempts throughout the year to fix the criminal justice system and end mass incarceration.

Colorado and Washington legalized marijuana in 2014.

The New York Times editorial staff said it is time to legalize marijuana. It was the first major national newspaper to call for an end to marijuana prohibition.

President Obama said in an interview with the New Yorker that marijuana is no more dangerous than alcohol. He also said Colorado and Washington’s new laws were “important.” He also expressed dismay at inconsistencies in marijuana arrests relating to class lines.

For 40 years, Lawrence Wolf has worked diligently to bring some compassion to addiction-related offenses. Drug policies based on human rights are needed, especially when one considers that nearly three-quarters of a million individuals continue to be arrested for marijuana possession annually. Over half a million people remain jailed for a mere drug law violation. Additionally, the past 10 years have seen overdose fatalities double in number.

Located in Los Angeles, the Law Offices of Lawrence Wolf are here to help juveniles and adults charged with a misdemeanor or felony crime. A drug crimes attorney, Lawrence Wolf is especially well-versed in addiction-related offenses.

For a free case evaluation, visit our website here. If you would like to speak to an experienced drug lawyer now, please call our toll-free line at [number type=”1″]. Contact us via email at LW@youareinnocent.com.

Rapper 2 Chainz Arrested for Drug Possession

Tauheed Epps, better known as 2 Chainz, was arrested on possession charges after drugs were allegedly found in his checked luggage. According to a news report in Entertainment Weekly, he was escorted off a plane at Los Angeles International Airport. Officials allegedly found marijuana and Promethazine, which is a key ingredient in the street drug concoctions “lean” or “sizzurp.” This is the rapper’s second drug-related arrest this year. He was arrested back in February for marijuana possession after the Maryland State Police pulled over his van.

Marijuana is widely considered a relatively harmless drug that has a number of medical uses. However, California law enforcement officers and prosecutors continue to prosecute individuals found in possession of marijuana to the full extent of the law. It is important for anyone facing marijuana charges in California to take their situation seriously because penalties for a conviction can be severe.

ACLU Exposes Racial Profiling During Marijuana Arrests

marijuana-smoking_3644048 According to national findings reported by the American Civil Liberties Union (ACLU), African Americans are four times more likely than Caucasians to face charges for marijuana use. The ACLU believes that this is proof of racial profiling because African Americans and Caucasians use marijuana about equally. As reported by The Los Angeles Times, the study took into account California arrest records from 2001 through 2010. The report did not consider arrests after California decriminalized possession of 28.5 grams or less of marijuana.

Unfortunately, the arrest rate for African Americans appears to be on the rise. While the marijuana arrest rates for Caucasians have remained consistent, the arrest rate for African Americans rose from 537 cases per 100,000 people in the year 2001 to 716 per 100,000 in 2010. With regard to California, African Americans make up just over 16 percent of marijuana arrests while only making up only 6.7 percent of the population…

Man Arrested in Burbank for Drug Possession

pills-17185160 A 36-year-old Los Angeles man was recently arrested on suspicion of using methamphetamine and possessing prescription drugs without a prescription. According to a news report in The Burbank Leader, the man was arrested in front of the Coffee Bean & Tea Leaf in downtown Burbank.

Officials approached him because he was smoking, which is a municipal code violation. They say he acted nervously and admitted to using methamphetamine. He then allegedly consented to a search that resulted in the seizure of Norco and Vicodin. In addition to drug possession charges, he also faces identity theft charges because officials say they found someone else’s identification on him.

It is not only those who use illegal drugs who run the risk of being arrested on drug charges. Possessing any prescription drug without a proper prescription is a serious crime. It is common for individuals to face jail or prison time in California for possessing popular drugs such as Vicodin, Ritalin, Xanax, Methadone, Oxycontin, Hydrocodone, or Percodan.

Dozens Arrested in Los Angeles Prescription Drug Busts

blue-and-white capsules spilling from a prescription medicine bottle across the corner of a prescription; shallow depth-of-field image with focus on the nearest capsule

A massive series of raids throughout Los Angeles County resulted in the arrest of 28 people. According to a CBS Los Angelesreport, more than 400 federal agents from the federal Drug Enforcement Administration (DEA) worked with the Los Angeles Police Department (LAPD) to conduct a number of raids in the greater Los Angeles area. The enforcement action resulted after a 32-count federal indictment was handed down in January, which charged individuals of multiple drug crimes involving oxycodone and hydrochloride.

In the raids, the LAPD seized an estimated $20 million in cash and drugs. The 28 suspects face charges including drug possession, attempted possession, and distribution. Some of the individuals named in the indictment could face a mandatory minimum sentence of 20 years in prison.

Oxycodone is a powerful painkiller that has gained popularity as a recreational drug. It has effects similar to heroin and is highly addictive. OxyContin and other brands of oxycodone are drugs that are illegal to possess without a prescription. Therefore, anyone who is in possession of oxycodone without a prescription can face serious penalties for possession or distribution.

ew California Bill Would Reduce Penalties for Drug Possession

Los Angeles drug crime defense attorneys believe that the war on drugs in California has relied heavily over the years on severe criminal punishments over treatment options for individuals convicted of drug possession. The penalties for marijuana-related offenses have decreased in recent years, but the penalties for heroin, cocaine, and methamphetamine possession have remained harsh. A new bill could potentially change these laws.

The Los Angeles Times reports that Senator Mark Leno joined hands with the American Civil Liberties Union of California and the NAACP to announce a bill that would make simple possession of dangerous drugs a misdemeanor instead of a felony. He says it could save California as much as $200 million a year by keeping fewer drug offenders behind bars. Leno says that the goal of the bill is to ensure that low-level drug offenders are given the rehabilitation they need instead of incarceration.

Consequences of Drug Possession Charges in Los Angeles

Prison-Sentence Unless you have a prescription, it is illegal to possess marijuana or any other controlled substance in Los Angeles. You can face charges for possessing marijuana, cocaine, methamphetamine, or other narcotics. You can even face serious penalties for possessing medical drugs without a prescription. The consequences and penalties you could face for drug possession in Los Angeles depend on the type of drugs involved, the quantity of drugs seized by the authorities, and the prior criminal record of the defendant.

A person who possesses one ounce or less of marijuana will likely face misdemeanor charges. The punishment for this offense is typically a fine of $100. If, however, a person possesses more than one ounce of marijuana, then, he or she can face up to six months of jail and a fine of $500. Possessing marijuana paraphernalia and felony penalties for selling, manufacturing, and trafficking marijuana could be charged as misdemeanors or felonies depending on the circumstances of the case.