California is among the many states that treat violations involving narcotics very seriously. A conviction for any drug crime could subject you to lengthy incarceration or probation periods, hefty fines, and immigration consequences. Per California drug laws, a drug offense is an illegal act that involves a regulated substance, including prescription medications.

California drug laws are constantly changing, so hiring a seasoned drug crimes lawyer is essential if charged with a drug offense. At Riverside Criminal Attorney, we boast a team of attorneys specializing in drug crimes who will work with you to obtain the most desirable outcome for your case.

For decades, we have helped clients achieve the most desirable results for their cases, including charge reduction, dismissal, and diversion programs instead of incarceration, and we can do the same for you. Call us for a consultation to learn more. We look at an overview of drug crimes and their sentencing.

Understanding California's Drug Laws

California drug policy refers to various individual statutes for different narcotic types and offenses. Drug policy could be understood and categorized in two main ways. One is related to particular crimes, and the other to specific controlled substances. Certain drugs carry penalties depending on their recognized medical uses and capability to cause harm, and the severity of particular crimes is measured based on their effect on society.

California drug statutes can be intricate and hard to understand. Various provisions and penalties have been set forth for different drugs and drug crimes. For example, whereas California imposes lighter penalties for simple drug possession charges, manufacturing, sale, distribution, and cultivation consequences are still more severe.

In California, the laws on drugs apply to a wide range of regulated substances. From illegal narcotics such as cocaine and heroin to legal prescription drugs, the state has created a controlled substance schedule. Five categories exist depending on addiction potential and medical application, with every category having controlled substances associated with similar punishments.

  • Schedule V narcotics have a low risk of dependency and have accepted medical uses. Drugs here include prescription drugs like low-dose codeine, Robitussin AC, buprenorphine, Motofen, and Lomotil.
  • Schedule IV substances have a risk of addiction and noteworthy medically recognized uses. This category includes several prescription drugs like Ambien, Tramadol, and benzodiazepines (Xanax and Valium).
  • Schedule III narcotics are possibly addictive and have relatively low medical recognition. Drugs in this group include ketamine, anabolic steroids, nalorphine, and methenolone.
  • Schedule II substances have a significant risk of abuse, although they have recognized medical uses. The drugs here include meth, cocaine, oxycodone, morphine, Ritalin, Adderall, codeine, and Vicodin.
  • Schedule I substances also have a significant risk of abuse and no safe, recognized medical use. Drugs in this group include opiates, cocaine bases, heroin, ecstasy, opium derivatives, LSD, marijuana, MDMA, peyote, mescaline, and synthetic cannabis.

Marijuana deserves special mention, as laws governing its use have changed in California and most other states. Even though marijuana still falls under the Schedule I list of drugs, it is progressively being noticed for its zero addictive properties and medicinal benefits. Various Acts and Propositions regarding pot have been passed recently, the most significant ones being:

  • The 2018 Adult Use of Marijuana Act, which allows adults living in California to grow or possess marijuana for personal use, even though it is still unlawful to sell or possess pot intending to sell,
  • Proposition 215 of 1996 eliminated the state criminal consequences for the cultivation, possession, and use of pot for medical purposes.

Common Types of California Drug Crimes

Various activities involving drugs are prohibited in California. From possession to the sale, manufacture, and distribution of drugs, the following are some of the drug-related activities criminalized under California laws:

Possession of a Controlled Substance

Simple drug possession under HSC 11350a is California's most basic drug crime. 11350(a) HSC criminalizes unlawfully possessing a wide range of regulated substances, including illegal narcotics and prescription medications when you possess them without a legal prescription. Drugs criminalized under this law include cocaine, LSD, heroin, GHB, peyote, hydrocodone, ketamine, oxycodone, Xanax, Valium, and codeine.

Simple drug possession is usually a misdemeanor in most cases. If found guilty, you will face a maximum of 12 months in jail and $1,000 in fines. You could also face summary probation and be required to submit to random police searches and drug testing. Based on the circumstances of the case, simple drug possession can also be a felony. A felony conviction is punishable by sixteen months, three years, or two years in prison.

However, before the judge convicts you of possessing a regulated substance, the prosecution will have to prove the elements making up the crime, which are:

  • You illegally possessed a drug.
  • You knew about your possession of the narcotic.
  • You knew about the substance's character or nature as a regulated substance.
  • The regulated drug was in usable amounts.

Possession can be constructive, actual, or joint. Actual possession is if the narcotic is on your person, for example, in your pocket. Constructive possession is when you can access the drug or have the right to control it even though you do not physically possess it. Joint possession is when you and one or several other people have control over the drug.

Note that this law does not cover the possession of pot or stimulants. Simple pot possession is criminalized under 11357 HSC, while simple possession of meth and other stimulants is criminalized under 11377 HSC.

Possession of a Controlled Substance for Sale

HSC 11351 makes it criminal to possess illegal drugs with the intent to sell them. It also criminalizes purchasing controlled substances for sale. The law applies to the drugs mentioned under 11350(a) HSC.

It is deemed a felony offense to violate HSC 11351. A conviction may subject you to a maximum of four years in jail, probation with twelve months in custody, and up to $20,000 in court fines. And if you meant to make multiple sales, the judge could impose these penalties for each intended sale. A conviction under HSC 11351 can also result in deportation if you are an immigrant.

To be found guilty under this statute and face the above penalties, the prosecuting attorney must prove that:

  • You illegally possessed a drug.
  • You knew about your possession of the narcotic.
  • You knew about the drug's character or nature as an illegal substance.
  • When you had the drug, you aimed to sell it.
  • The illegal substance was in usable amounts.

Selling means exchanging the drug for services, money, or other valuable items. The D.A. must present circumstances or facts that prove you meant to sell the drug instead of having it for personal use. The following are ways through which the D.A. can prove intent to sell:

  • The drug amount you had exceeded the quantity for personal use.
  • The location where you were arrested with the drug is frequently used for selling controlled substances.
  • The drug was divided into smaller amounts and placed in different bags or containers.
  • When the police seized the drug, you had large amounts of money in small denominations.
  • You had scales or other weighing devices.
  • Most people visit your residence or home, stopping only briefly.

Sale or Transportation of Controlled Substances

You violate HSC 11352 when you transport for sale, import, sell, furnish, administer, give away, or offer to do any of these with a regulated substance. Transporting drugs means moving or carrying drugs from one place to another, distance notwithstanding. Transportation can be by bike, walking, plane, or automobile.

Violating 11352 HSC is considered a felony. Potential consequences for your first violation are formal probation, up to five years of incarceration, up to nine years in custody if you moved drugs across two or more California county lines, and a fine not exceeding $20,0000. The sale or transportation of a controlled substance is also a deportable offense, per federal immigration statute. That means you could face deportation or inadmissibility if you are convicted, whether or not you are a legal immigrant.

Before you can be pronounced guilty of selling or transporting drugs, the prosecution must prove the following:

  • You furnished, administered, sold, gave away, imported, transported, or offered to do any of these.
  • You knew you had the drug on you.
  • You knew about the drug's character or nature as an illegal substance.
  • The regulated substance was in usable amounts if accused of transportation for sale.

You are only criminally liable for transporting controlled substances if you transported usable amounts. Traces and residues of a drug found on an object cannot suffice. It is also worth noting that the “usable amounts” requirement applies only to drug transportation, not drug sales.

The crime of the sale and transportation of marijuana is not covered under this statute. This crime is covered under HSC 11360, and the law prohibits doing the same activities mentioned above with marijuana unless otherwise authorized by law. The crime is a wobbler, meaning the prosecution can file either misdemeanor or wobbler charges. The standard penalties for a misdemeanor conviction include six months in jail, summary probation, and not more than $500 in fines. In contrast, a felony conviction carries no more than four years of incarceration, hefty fines, and felony probation.

Possession of Drug Paraphernalia

HSC 11364 criminalizes possession of almost any material suspected to facilitate the smoking, injecting, ingesting, or otherwise consumption of illegal drugs. The items prohibited include cocaine spoons and pipes.

Excluded under this statute until 2026 are syringes and hypodermic needles that are only for personal use and are acquired from a pharmacist, physician, syringe or needle exchange program, or other sources authorized under the law to distribute sterile needles or syringes without a doctor's prescription. The exception exists as a public move to prevent the transmission of HIV and other blood-borne illnesses among people who consume heroin or other injectable narcotics.

Likewise, items more often linked to drug sales and manufacture are excluded under 11364. These items include:

  • Balloons, capsules, and any other containers used for packaging or concealing drugs.
  • Spoons, blenders, bowls, and any other mixing device used for compounding illegal drugs.
  • Scales or balances used for measuring and weighing drugs.

The exclusion is because possessing devices associated with the sale or manufacture of drugs is punished under 11351 HSC or 11352 HSC instead of HSC 11364.

Marijuana is notably excluded under HSC 11364. Drug crimes that involve marijuana-related paraphernalia are criminalized separately under marijuana statutes. Per Prop 64, the state's marijuana legalization statute, most personal use of recreational pot is no longer unlawful.

Certain people are exempt from criminal prosecution under 11364 HSC. They include:

  • Police or peace officers or someone being directly supervised by them,
  • Veterinarians, dentists, podiatrists, doctors, pharmacists,
  • Licensed wholesalers, manufacturers, and retailers who prescribe, transfer, and sell hypodermic needles, syringes, and other items used to inject controlled substances into the body.

It is a misdemeanor offense to violate HSC 11364. Potential consequences include six months of incarceration and $1,000 in fines. You could also face professional discipline if you hold a professional license.

Drug Manufacturing

HSC 11379.6 criminalizes the manufacturing, conversion, production, obtaining, processing, or preparation of a regulated substance by chemical synthesis or chemical extraction. For the prosecutor to secure a conviction, they must show that you did any of these acts and knew about the substance's character or nature as an illegal drug.

Generally, under criminal law, manufacturing happens when a person participates in any stage of producing an illegal drug. Even people who sell specialized equipment or the required chemicals or merely offer to assist with manufacturing narcotics could be prosecuted for an 11379.6 HSC violation.

Drug manufacturing is almost always a felony offense. Penalties upon conviction include a state prison sentence of three, five, or seven years, a fine of 50,000 dollars, and probation. Aggravating circumstances that may trigger a higher sentence include:

  • The drug amount was large.
  • A child under 16 lived where the regulated substance was manufactured.
  • Somebody died or was seriously injured.
  • A criminal history of particular drug offenses.
  • The drugs were manufactured near a school or playground.

A drug manufacturing conviction also has negative immigration repercussions for non-U.S. citizens. Drug manufacturing is a crime of moral turpitude. Moral turpitude crimes can lead to an immigrant being marked inadmissible or deported.

Additionally, drug manufacturing is an aggravated felony, and deportation for an aggravated felony is mandatory. Certain reliefs are not available after a conviction of an aggravated felony. These include:

  • Asylum relief.
  • Cancellation of deportation per 8 U.S. Code 1229b(a)(3).
  • Permission to reapply for admission to the United States after deportation or I-212 hardship waivers.

Marijuana cultivation is criminalized under a different law, HSC 11358. Under this statute, it is criminal to plant, cultivate, harvest, dry, or process any part of marijuana unless authorized by law. Whether you grow one plant or hundreds, you can be prosecuted under this law.

This crime is a wobbler. The standard penalties for a misdemeanor include six months in custody and a fine of $500, while those for a felony conviction are not more than three years in jail and a fine not exceeding $10,000.

The above are only some of the most common drug crimes. Other drug crimes under California law include, without limitation:

  • Operating a drug house, HSC 11366.
  • Under the influence of a drug, HSC 11550.
  • Forging a prescription, HSC 11368.
  • Aiding and abetting the illegal use of drugs, HSC 11365.
  • Selling, furnishing, or transporting fake drugs, HSC 11355.
  • Possessing a toxic substance for huffing.
  • Soliciting someone to commit a crime to facilitate personal use of narcotics, PC 653(f).

General Defenses Against Drug Crimes

There are several potential defenses for drug crimes. To know what defense applies to your case, you must seek help from a drug crime attorney. The lawyer can also help you argue the relevant defenses and obtain the most favorable outcome. Among the most prevalent defenses are:

You Had a Valid Prescription For The Drug

A written and valid prescription for regulated substances exempts people from prosecution under the drug possession law. For example, if you have been accused of marijuana possession or possession of any of the regulated prescription medications, you can argue that you had a valid prescription for them. You can present the valid prescription in court, and it will be upon the D.A. to prove that a legal prescription did not exist. Your attorney can quickly help you avoid a conviction if you have a valid prescription for the drug you were arrested in possession of.

You Had No Knowledge Of The Nature Of The Substance

To be convicted of most drug crimes, the district attorney must prove you knew the nature or character of the substance you were dealing with as a regulated substance. Arguing that you believed one narcotic to be the other does not qualify as a defense; for example, saying you believed PCP was cocaine. But claiming you thought the cocaine you found in a container was sugar can be a valid defense.

This defense works best if you have no prior drug crime convictions. In this case, you may convince the judge that you honestly did not know the substance was regulated since you had never seen it before. If you are a known drug user or dealer, claiming you did not know what the substance was may not be convincing to the judge.

Police Misconduct

Police misconduct in drug charges may include law enforcement officers:

  • Lying about the place they found the drug; for example, claiming they found it in the defendant's pocket when, in the real sense, they found it on the ground close to where the accused was standing.
  • Faking the probable cause for their arresting the defendant.
  • Planting evidence, for example, by placing a regulated substance on the defendant or in their car or apartment to conduct an arrest.
  • Using more than the necessary force to elicit a confession and other evidence.

Entrapment By The Police

Police entrapment involves law enforcement officers using overbearing conduct such as pressure, threats, flattery, harassment, or fraud to lure someone to perpetrate an offense. Any criminal charge must be dropped if a law enforcement officer lured the suspect into breaking the law. You can apply this defense, provided you can demonstrate that you only acted illegally because of entrapment by the police.

Unlawful Search and Seizure

Californians are protected by the United States Constitution's Fourth Amendment, which provides that illegal and unreasonable searches and seizures by the police are unlawful. So, if a law enforcement officer obtains a drug or evidence of a regulated substance after an illegal or unreasonable search or seizure, it may not be admissible in court. Your lawyer can use this to have the prosecutor drop or reduce your charges.

Drug Diversion for Drug Crimes

A diversion program may be an option for some defendants to avoid incarceration or a criminal conviction. Types of diversion programs available in California include PC 1000, Proposition 36, and drug courts.

You qualify for a drug diversion program only if you are convicted of simple possession, that is, possession for personal use only. You are generally ineligible if accused of transporting or selling drugs, drug manufacturing under HSC 11379.6, or drug possession for sale. 

Drug diversion diverts non-violent drug offenders out of the court system and into a court-approved drug rehab center for education and treatment rather than facing jail time. They give defendants the chance to have their trial suspended and instead complete a drug treatment program.

Under PC 1000, you can enter a not-guilty plea to qualifying charges and be allowed to participate in drug treatment for 18 months. Once you finish the treatment program, the judge will dismiss the case against you. If you fail the treatment program, the court will not automatically find you guilty of your charge. You will have the right to a bench trial.

Under Proposition 36, you must plead no contest or guilty to your charges, be found guilty of your charges after a trial, or be a parolee who either committed a non-violent drug possession offense or violated a drug-related parole condition to enter a drug treatment program that lasts up to three years. Once you finish your program, the judge will decide whether or not to dismiss your case.

Under drug court programs, you are referred by a judge's, prosecutor's, or public defender's written agreement. Drug court programs include a regimen of:

  • Vocational or educational counseling.
  • Close court supervision and monitoring of progress.
  • Urinalysis tests corresponding to treatment needs.
  • Individual or group therapy.
  • Graduated rewards or sanctions.
  • Other requirements as approved by the judge, D A., and the public defender.

Find a Criminal Defense Attorney Near Me

Drug charges are among the most common in California, yet a conviction is still punished harshly. That is why, if you have been accused of a drug crime, you want to take a minute and call an expert drug crime defense attorney. An attorney is your best chance at avoiding any harsh penalties you face.

At Riverside Criminal Attorney, we have spent over three decades defending people accused of drug crimes. We boast drug crime attorneys who have dedicated their legal practice to fighting for clients. Our lawyers understand how to tackle the individual elements of each case for the desired results. Call us today at 951-877-4204 for a complimentary consultation and case review.