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Drug Crime Defense Lawyer
In addition to California and federal law, the Controlled Substances Act governs drug crimes. In the state of California, many drugs are considered illegal, with Marijuana, Heroin, Methamphetamines, Cocaine, and unauthorized prescription drugs like Xanex being the most prevalent.
Most Common Crimes Being:
- Simple Possession
- Possession with intent to distribute
- Drug Manufacturing
- Drug Trafficking
- Possession of Drug Paraphernalia
- Drug Cultivation
What are the Defenses Against Drug Crimes?
There are some common ways to defend against drug crimes. The first is a medical necessity (assuming the drug is Marijuana or you have a prescription). If you have opiates and have a prescription from a doctor or can otherwise prove medical necessity, the rules for possession change.
Likewise, if the evidence for drug crimes was obtained via an illegal search, that evidence can be thrown out. There have been cases of the police using entrapment techniques or even planting drugs at crime scenes to get a conviction. Also, lab procedures used for detecting drug residues can be flawed or done improperly.
Know How a Drug Possession Attorney handles your Crucial drug case.
Drug Laws And Penalties in California
Marijuana
Under 28.5 grams of Marijuana (Infraction) – HS 11357(b)
If you are under 18 and it is your first offense, you will be required to complete 4 hours of drug education or counseling and serve up to 10 hours of community service for up to 2 months.
For subsequent offenses, you will have to complete six hours of drug education or counseling and up to 20 hours of community service over up to 3 months.
If you are between 18 and 21, you may have to pay a fine of up to $100.
Over 28.5 grams of Marijuana (Misdemeanor) – HS 11357(c)
If you are under 18 and it is your first offense, you will have to attend 8 hours of drug education or counseling and up to 40 hours of community service over up to 3 months. Subsequent offenses will require 10 hours of drug education and up to 60 hours of community service over up to 4 months.
If you are over 18, you can be punished with up to 6 months in county jail and a fine of up to $500.
Concentrated Cannabis (Misdemeanor or Felony) – HS 11357(a)
If you possess more than 8 grams of concentrated cannabis products and are over 18, this is treated the same as possessing more than 28.5 grams of marijuana.
If you are under the age of 18 and you possess more than 4 grams of concentrated cannabis, this is also treated the same as possessing more than 28.5 grams of cannabis.
Cocaine | HS 11350
While cocaine is a Schedule II controlled substance, cocaine base (crack) is a Schedule I controlled substance. Possession of cocaine for personal use is punishable by up to a year in jail. If you are a first-time offender, you can usually get a drug diversion and avoid spending time in jail.
Therefore, possession of a cocaine base is more likely to result in a felony conviction than possession of cocaine.
Felony Possession of Cocaine with a Loaded Firearm – HS 11370.1
If you possess any amount of cocaine, heroin, methamphetamine, or phencyclidine while also armed with a loaded, working firearm, you can be punished by 2 to 4 years in state prison.
Heroin | HS 11350
Possession of heroin for personal use is punishable by up to a year in jail. If you are a first-time offender, you can usually get a drug diversion and avoid spending time in jail.
“Meth” | HS 11377
Possession of methamphetamine for personal use is punishable by up to a year in jail and a fine of up to $70. If you are a first-time offender, you can usually get a drug diversion and avoid spending time in jail.
Prescription Drugs Without Prescription | BPC 4064
Possession of prescription drugs without a prescription for personal use is punishable by up to a year in jail. If you are a first-time offender, you can usually get a drug diversion and avoid spending time in jail.
However, according to Business and Professions Code 4064, pharmacists may legally refill a prescription without the relevant medical provider’s authorization. Suppose they reasonably believe that failing to refill the prescription would interrupt ongoing care or adversely affect your health. This may help your defense, although it does not exempt you from punishment for possessing the drug without a prescription.
Transportation or Selling of Controlled Substances
Under California Health & Safety Code 11352, it is a crime to transport, import, furnish, administer, or give away a drug or offer to do any of the above if the underlying intent is to sell a controlled substance.
This law punishes people involved in moving drugs from place to place by foot or vehicle, importing drugs from another state or country, selling drugs, supplying drugs that will be sold, administering drugs to someone, or giving away samples of a drug. Even small-scale actions, such as giving a friend a few of your prescription pills to sell, may lead to felony prosecution.
Penalties for Selling or Transporting Drugs
Selling or transporting drugs in California can be punished by 3 to 9 years. Your sentencing will be more severe if you travel to a county not next to where you started your journey.
Defending a Drug Sales or Transportation Charge
To convict you of selling or transporting drugs, a prosecutor must prove not just that you transported or sold the drug but that you knew it was a controlled substance, you intended to sell it, and there was enough of it to be used as a drug.
As a result, common defenses include:
- You did not know the substance was an illegal drug.
- You did not know the substance was in your possession.
- You were not carrying enough of the substance to be used as a drug.
- You had a valid prescription for the drug.
- Evidence was obtained against you in an illegal search and seizure.
Your Rights Matter: Don't Face Drug Crime Case Alone, Hire a Drug Crime Lawyer Today!
Drug Defense Lawyer Near Me
If you or a member of your family has been accused of a crime or if you learn that you are under investigation, it is in your best interest to contact KAREEM A. RAMADAN, a criminal defense attorney at Kareem Law APC, immediately. We can begin building your case as soon as you are informed of an accusation against you, taking the time to listen to your needs and uncover the circumstances surrounding your case.
If you are currently involved in a legal matter, our attorneys can represent you in court. Since 2013, we’ve assisted countless clients with complex litigation. We can help defend you if you did not intend to commit a crime, were the victim of an unjust accusation, or were involved in an illegal law enforcement sting operation.
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Do first time drug offenders go to jail in California?
If you are caught with illegal drugs, you are more likely to be charged with illegal drug possession with the intent to sell, which is a felony. If police seize large quantities of drugs, you may face drug trafficking charges, which result in felony charges and severe penalties, including lengthy prison sentences.
What happens if you get caught with drugs in California?
What amount of drugs is considered a felony in California?
Any person possessing or offering for sale 14.25 grams or more of a substance containing heroin can also be convicted of a drug felony violation.