DUI vs DWI laws vary by state—learn the key differences, penalties, and why choosing the right defense matters for your case.
Drug crime defense lawyer KAREEM A. RAMADAN has depth of legal talent you need to win your case.
kramadanlaw@gmail.com
1026 W. Foothill Blvd, Suite 101 Upland, CA 91786
(888) 671-5933
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.
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.
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.
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:
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.
Honorable And Determined Criminal Defense Attorney To Protect Your Future.
Questions To Ask When Choosing Your Criminal Defense Attorney
A drug possession lawyer defends clients accused of possessing illegal substances such as marijuana, cocaine, heroin, or prescription drugs without authorization. They examine how the evidence was collected and challenge any unlawful search or seizure.
Penalties vary by state and depend on the type and amount of the drug, as well as prior offenses. They can include fines, probation, license suspension, or even jail time. A drug possession attorney works to reduce or dismiss these penalties whenever possible.
Yes. A skilled drug charges lawyer can negotiate plea deals, push for diversion programs, or challenge evidence to have charges dropped or reduced to a lesser offense.
Possession means having drugs for personal use, while intent to distribute implies selling or trafficking. The latter carries much harsher penalties. A drug crime lawyer can help clarify which charge applies and build a strong defense.
Absolutely. Even first-time drug charges can impact employment, education, and immigration status. A drug offense attorney can often get first-time cases diverted or dismissed through treatment or education programs.
Common defenses include: Illegal search and seizure Lack of knowledge or ownership Invalid warrant or procedural error Entrapment Your drug lawyer will evaluate which strategy fits your case best.
Not always. There are strict legal limits on when searches are allowed. If police violated your Fourth Amendment rights, a drug attorney can file a motion to suppress the evidence — often resulting in dropped charges.
Yes, but in some cases, a drug offense lawyer can help you get your record expunged or sealed after a certain time period or program completion.
Stay calm, avoid discussing your case with anyone but your attorney, and contact a drug possession lawyer near you immediately. Early legal action can make a big difference in your case outcome.
Look for a drug crimes attorney with a strong record in criminal defense, positive client reviews, and experience handling local courts and prosecutors. The best drug lawyers know how to negotiate for reduced penalties and protect your rights.
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.
At Kareem Law APC, we understand that the only way to truly understand your case is to take the time to listen to your story. Many criminal attorneys lack the passion for patiently listening to your story and missing important details that can differentiate between a criminal conviction and earning a dismissal! As a client-focused San Bernardino, Riverside, and Los Angeles County criminal defense firm, we believe in investigating every detail of your story to determine what led to your arrest and how to create a personalized defense for your case. Whether it’s a common case of PC 647(f) public intoxication or a complex case such as PC 245(a)(1) assault with a deadly weapon, we approach each case with the same attitude of paying attention to the legal, factual and mitigating issues of your story. At Kareem Law APC, we have years of specialized training from Judges, Police Captains, and former prosecutors. We can find errors and false statements in the evidence that have led to countless dismissals and acquittals at trial.
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.
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I contacted Mr. Ramadan about my son who has an Intellectual disability, he had been arrested in LA county for auto theft placed against him by his employer. My son... read more was permitted to possess the company vehicle by his supervisor. It couldn't have happened at the worst time. My family was in the transition of moving out of state. My son was en route to return the vehicle when he was notified that there was a problem with him having possession of the vehicle when he was arrested by law enforcement. Thank God I was able to find Attorney Ramadan. He immediately went to work on my son's case. Mr. Ramadan assured my family that everything was going to be alright and he would get all involved to understand the truth. He hired an excellent investigator to collect the facts, compiled the evidence, and presented it to the courts. Mr. Ramadan and his staff presented a professional and concise illustration of the facts concerning the auto theft case. My son's case was fortunately dismissed and my family was able to move out of state as planned. Thank you, Attorney Ramadan, for the compassion, and the care you showed my family and son, I will always be grateful to you.
Maurice C.
Mr. Ramadan is an amazing lawyer. I had a case that I wanted to get off of my record from a mistake I made in my youth and he was... read more able to get it dismissed with ease. He reached out any time there was an advancement in the dismissal of my case and he would answer any questions I had regarding it. He puts his customers first and for that, I could not be any more thankful that he was my lawyer for my case. He is honest, reliable, and thorough. I am so happy I had him for my case and now I can finally move forward in life without anything holding me back.
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Kareem worked with my family and I, thanks to Kareem he was able to get my son plea deal summarized probation/work release program. my health isn't the best. This is a very stressful time for my family and I don't know what I would have done if he was convicted and sent to serve hard time that was the unimaginable for me. My son is only 20yrs old. I am truly thankful for Kareem for his help and expertise, helping me through this very difficult time. Kareem put my son best interest first. I would recommend him to anyone who finds themselves in need of a attorney he'll help fight for you.
Cherie S.
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I was faced with a case that never in my life I'd imagine to be dealing with that could've had detrimental effects on my life and career ending. Kareem was... read more the best defense I had to get my life back together. From start to finish Kareem was very attentive, informative and determined to help get this fixed and he did! The case was never filed! Thank you!
I had reached out to Kareem Law APC after finding out I was being wrongfully accused of an incident, and he immediately called me back late at night. I have... read more never been through the legal process or ever thought I'd be dealing with a potential lawsuit, and my anxiety and emotions were incredibly high.
He took the time to listen to the events that happened, reviewed my evidence, and educated me about the law process. Him and his team moved swiftly and began speaking to detectives and submitting my evidence on my behalf.
My case was eventually rejected and I owe it all to him and his team, their speediness, and effort they put forward on my behalf.
He was always available and understanding, I couldn't be more happy with them and would refer them to any friend or family member.
If you are in need of a lawyer, or think you may need one, give him a call right away!
Andy K.