Morris Law is a Berkeley criminal defense law firm. Call (510) 350-3225 for a free case review of your drug possession case. Drug Possession in California is prosecuted under California Health & Safety Code §11350 (narcotic) and §11377 (controlled substance). All Berkeley cases are heard at the Alameda County courthouses in Downtown Oakland. Seth Morris spent years in those courthouses as a Deputy Public Defender.

What is drug possession under California law?

Berkeley Drug Possession Lawyer — Morris Law

Simple possession of a controlled substance in California is prosecuted under Health & Safety Code §11350 (narcotics like heroin, cocaine, and prescription opioids) or §11377 (methamphetamine and other controlled substances). Following Proposition 47 (2014), simple possession is a misdemeanor for most substances. Possession for personal use with no evidence of sales is eligible for PC §1000 deferred entry of judgment.

Penalties for drug possession in California

Below are the specific penalties Morris Law sees for drug possession cases in Alameda County:

  • Misdemeanor under H&S §11350 or §11377: up to 1 year county jail and $1,000 fine
  • Prop 47 reduction available for pre-2014 felony convictions of the same conduct
  • PC §1000 deferred entry of judgment — 18 months of treatment ends with dismissal
  • Proposition 36 (PC §1210.1) treatment-in-lieu of jail for non-violent drug offenders
  • Mental health diversion (PC §1001.36) if a diagnosed mental condition contributed
  • Military diversion (PC §1001.80) for service members and veterans

Collateral consequences — professional licensing, immigration status, firearm rights — often exceed the direct sentence. We assess collateral exposure at the start of every case.

How Morris Law defends drug possession cases in Berkeley

Every case is different, but the defense strategies below are the ones that most often produce dismissals, reductions, and acquittals in drug possession cases:

  • Fourth Amendment challenge under PC §1538.5 — drugs found during illegal stops, invalid searches, or unconstitutional consent must be suppressed.
  • Lack of knowledge and dominion — the prosecution must prove you knew the substance was there and exercised control over it. Drugs in a shared car, borrowed bag, or shared home create reasonable doubt.
  • Lab analysis challenges — substance identification, weight, and purity testing must follow validated protocols. We subpoena bench notes and calibration logs.
  • PC §1000 diversion — 18 months of drug education ends with dismissal and record sealing.
  • Entrapment — informants or undercover officers who induced conduct you would not otherwise have committed under People v. Barraza.

What to do if you are arrested for drug possession in Berkeley

Most Berkeley arrests are made by the Berkeley Police Department (BPD). UC Berkeley Police handle arrests on campus and in university housing. Alameda County Sheriff and CHP also make arrests. Take these steps:

  1. Invoke your right to counsel. Under Miranda v. Arizona, you must clearly say you want a lawyer, then stop talking.
  2. Do not consent to a search. Officers need a warrant, probable cause, or your consent. Refuse politely.
  3. Call Morris Law at (510) 350-3225. We answer 24 hours a day.
  4. Preserve evidence. Photograph injuries, damage, or torn clothing. Note officers’ names, badge numbers, and witnesses.
  5. Stay off social media and jail phones. Both are recorded and admissible.
  6. Write down your account for your attorney. Record what happened while events are fresh.

Why Berkeley residents choose Morris Law for drug possession defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. What we bring to every case:

  • Seth Morris was a Deputy Public Defender in Alameda County. He defended clients in the exact courthouses where Berkeley cases go.
  • More than 25 jury trials, including life-in-prison exposure cases.
  • Federal recognition on police body cameras and 4th Amendment litigation. Obama Task Force on 21st Century Policing contributor.
  • Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC, NBC Bay Area, KQED, KALW.
  • Berkeley office at 2025 Rose St #200. Serves Berkeley, Albany, El Cerrito, Kensington, Emeryville.
  • 24/7 phone access at (510) 350-3225.

Seth Morris is a member of the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and the Alameda County Bar Association.

How drug possession cases move through Alameda County

Stage Where Timing
Arrest Berkeley — often by BPD Day 0
Booking Glenn E. Dyer or Santa Rita Jail Day 0–1
Arraignment Wiley W. Manuel or René C. Davidson Within 48 hours in custody
Preliminary hearing (felony) René C. Davidson Courthouse Within 10 court days in custody
Trial Wiley W. Manuel or René C. Davidson Within 60 days if not waived

Drug Possession defense — Frequently Asked Questions

Is drug possession still a felony in California?

Not for most substances since Proposition 47 (2014). Simple possession of heroin, cocaine, methamphetamine, and most controlled substances is now a misdemeanor under H&S §11350 or §11377. Possession for sale, sales, and trafficking remain felonies.

Can I get drug possession charges dismissed through diversion?

Yes. PC §1000 deferred entry of judgment dismisses simple-possession charges after completion of a drug education program. Proposition 36 offers treatment-in-lieu of jail. Mental health diversion (PC §1001.36) and military diversion (PC §1001.80) are also available.

How much drug possession is a misdemeanor vs. felony?

The quantity itself doesn’t determine misdemeanor vs. felony under H&S §11350 or §11377 — it’s about intent. Possession for personal use is a misdemeanor. Possession for sale is a felony. Quantity is one of many factors prosecutors use to argue intent to sell.

Where do Berkeley criminal cases go to court?

Berkeley cases go to the Alameda County Superior Court. Misdemeanors and traffic go to the Wiley W. Manuel Courthouse (661 Washington St, Oakland). Felonies go to the René C. Davidson Courthouse (1225 Fallon St, Oakland). Our attorneys appear at both regularly.

Who is Seth Morris?

Seth Morris founded Morris Law in 2021. He earned his JD at UC Berkeley School of Law in 2006, served as a Deputy Public Defender in Alameda County, and has tried more than 25 jury trials — including cases with life-in-prison exposure. He helped develop the national Body Camera Toolkit for President Obama’s Task Force on 21st Century Policing.

How quickly can I meet with a Berkeley criminal defense lawyer?

Same day, in most cases. Attorneys are reachable 24 hours a day at (510) 350-3225. If a family member has been booked at Berkeley Police Department or transferred to Santa Rita Jail, we can arrange contact within hours.

Get a free drug possession case review

Talk to a Berkeley criminal defense lawyer today. Call (510) 350-3225 or use our online form. Free case review. 24-hour phone. Berkeley office at 2025 Rose St #200.

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