Matt Horeczko - In California, What is the Statute of Limitations for Drug Possession?

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 If you are being investigated or have been arrested for drug possession, you may wonder how long a potential charge will hang over your head, says Matt Horeczko.

There is a statute of limitations in California for all crimes, including drug possession charges. This limits the amount of time the prosecution can wait before filing criminal charges.


Drug Possession Statute in California

According to California Penal Code section 801, crimes punishable by imprisonment in state prison have a statute of limitations of three years. Possession of any drug, even marijuana, can be punished by imprisonment in California (if the amount is large).


Therefore, a drug possession charge has a three-year statute of limitations. For possession charges that are not punishable by imprisonment—for example, small amounts of marijuana—the statute of limitations is one year.


When a statute of limitations runs out, a defendant can no longer be prosecuted. A statute of limitations is designed to force the prosecution to file a criminal case within a reasonable period.


The prosecution does not need to bring the case to trial within three years of the crime; rather, it must be filed in the court within three years of the date of the crime. However, a good San Diego County drug defence lawyer can argue that the prosecution violated the defendant's right to a speedy trial.


It may be possible for the prosecution to argue that the three-year statute of limitations on drug possession in California has been tolled or suspended, since the suspect may have left the state during the period the statute of limitations was tolled or suspended. If the suspect has left California, then the statute of limitations must toll for the period that the suspect was away from the state, says Matt Horeczko. However, the statute of limitations for possession of drugs in California is only six years, so no more than six years can pass before the prosecution can bring a drug possession charge.

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