What is the difference between a misdemeanor and a felony drug charge?

The primary difference between a misdemeanor and a felony drug charge in California is the severity of punishment imposed. Misdemeanor drug charges are generally less serious than felony drug charges, meaning that the punishments associated with misdemeanors are typically less severe than those associated with felonies. Misdemeanors generally involve lower-level drug offenses such as possession of small quantities of drugs, possession of drug paraphernalia, or other minor drug-related offenses. As a result, punishments for misdemeanors typically include a fine, a jail sentence of up to one year, or both. Felony drug charges, on the other hand, involve more serious crimes such as possession with intent to distribute, drug trafficking, or manufacturing drugs. Punishments for felonies typically include a lengthy prison sentence and/or a substantial fine. In addition to the severity of punishment, the two types of drug charges may also differ in terms of the available defenses. While some defenses may be available for either type of charge, certain defenses can only be used for misdemeanors (such as the “innocent possession” defense). In summary, the primary difference between a misdemeanor and a felony drug charge in California is the severity of punishment imposed. Misdemeanors are generally considered less serious and they come with lighter punishments, while felonies involve more serious offenses and carry harsher punishments, including lengthy prison sentences.

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