Possession is considered a wobbler in California, meaning you can face either a misdemeanor or felony charge depending on the seriousness of your crime. For first-time offenders found in possession of heroin, the charge may only be a misdemeanor, and the defendant may be eligible for a drug diversion program. However, if you have a prior conviction or were found with a large quantity of drugs, then your charge could be increased to a felony. It is also possible for individuals younger than 18 in possession of marijuana to be charged with an infraction, while anyone between the ages of 18 and 20 can be charged with a misdemeanor.
Depending on the factors surrounding your case, you could face the following penalties:
Misdemeanor drug possession: If convicted of misdemeanor possession, you face up to one year in a county jail and a fine of up to $1,000 fine.
Felony drug possession: If convicted of felony possession, you may have to serve 16 months, two or three years in a state prison, a $10,000 fine, or felony probation. These charges are usually reserved for individuals who have previously been convicted of a serious felony or are registered sex offenders.
Alternative sentencing: With various programs under Proposition 36 and Penal Code 1000, if you could serve your time in a drug treatment program and avoid jail time.