DMV Process

Overview of Drug Crimes in California

Drug crimes in California encompass a wide range of offenses related to controlled substances. Under California law, these offenses are categorized based on the nature of the conduct, the type of drug involved, and the quantity. Common drug crimes include possession, trafficking, and distribution. Each category carries distinct legal consequences and penalties, which vary significantly depending on the specifics of the case.

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Classification of Drug Offenses

California law differentiates drug crimes based on the type of offense committed. Possession generally refers to having control over a controlled substance, whether it’s for personal use or other purposes. Trafficking and distribution involve the sale, transportation, or distribution of controlled substances, which are considered more severe offenses.

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Possession of a Controlled Substance

Possession charges can vary from simple possession to more serious offenses depending on the type of drug and the amount in possession. 

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California Health & Safety (HS) code section 11350(a) Possession of a Controlled Substance (also known as “simple possession”) makes the possession of specific controlled substances illegal unless they have been prescribed to you by a doctor. The court generally treats HS 11350(a) as a misdemeanor, with fines up to $1,000 and jail time up to 1 year.

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HS 11351 Possession for Sale

California Health and Safety Code § 11351 makes it a felony to possess a controlled substance with the intent to sell or distribute. The section can be charged in cases involving street drugs, such as cocaine and MDMA, or common prescription drugs like xanax, or vicodin. Unlike simple possession, a conviction under HS 11351 makes you ineligible for drug diversion (treatment instead of jail time), and is punishable by up to four years in state prison.

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For the prosecutor to prove possession with intent to sell there must normally be evidence that would tend to indicate that the substance possessed is not for their own personal use.  Evidence that the officer looks for include:

• Large quantities of the controlled substance (more than one would have for personal use)
• The substance is in packages or found with packaging materials and/or scales, or there are multiple packages that contain relatively the same amount of the drug.
• Large amounts of cash or evidence that there have been sales.
• Numerous drug transactions, or some evidence of a direct sale of the item to another.  

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Factors Affecting Severity of Charges

Several factors can influence the severity of drug crime charges and their penalties. The type of drug plays a significant role; drugs are categorized into schedules based on their potential for abuse and medical use. Quantity also matters, with larger amounts generally leading to more serious charges. Intent is another crucial factor; possession with intent to sell or distribute is penalized more severely than possession for personal use.

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Possible Defenses Against Drug Charges

Individuals facing drug charges can employ various defenses, depending on the circumstances of their case.

You never had physical control of the illicit substance 

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The police carried out an illegal search 

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You had a legal prescription for the drug you possessed.

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The amount you had was for personal use.

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What the officer seized is not an illegal drug.

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A skilled defense attorney can analyze the facts of your case to determine the most appropriate strategy.

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Drug Diversion Programs

For eligible individuals, drug diversion programs offer an alternative to traditional criminal penalties. These programs focus on rehabilitation rather than incarceration and are typically available to first-time offenders or those charged with less severe drug crimes. Participation in a diversion program can lead to a dismissal of charges upon successful completion, providing a chance for offenders to avoid a criminal record.  You are not eligible for a diversion program if you are charged with possession for sale or sale of a controlled substance.

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Steps to Take if Charged with a Drug Crime

If charged with a drug crime, it is crucial to seek legal counsel immediately. An experienced attorney can provide guidance on navigating the legal system, protecting rights, and preparing a defense. Early intervention is essential to securing the best possible outcome and exploring options such as diversion programs or plea deals.  If you have been arrested for possession of a controlled substance, and you feel that you have an addiction problem, it may be in your best interest to seek treatment for that addiction, and your attorney can use your affirmative steps in trying to get you into a diversion program or in negotiating a better or lesser offer.

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Long-Term Impact of Drug Crime Convictions

A conviction for a drug crime can have lasting effects on an individual’s life. Beyond the immediate legal consequences, a criminal record can impact future employment opportunities, educational prospects, and personal relationships.  Some licensing boards will not license individuals who appear to have a substance abuse problem, if the business involves the handling of a controlled substance.