Drug Crimes

California Health and Safety Code is the primary law that governs drug crimes. This code defines a range of offenses related to drugs, including possession, sale, distribution, transportation, and manufacturing of controlled substances. Potential penalties for drug crimes vary depending on the type and amount of drugs involved and the circumstances surrounding the offense.

Drug crimes can also be prosecuted at the federal level, under the Controlled Substances Act (CSA). This law classifies drugs into five schedules based on the accepted medical use and potential for abuse. The CSA also outlines penalties for drug offenses at the federal level, including fines, imprisonment, and forfeiture of assets.

While both California and federal law criminalize drug offenses, there are some differences; for example, California has legalized marijuana for both medical and recreational use, while it remains illegal under federal law. This means that while California law enforcement may choose not to prosecute certain marijuana offenses, federal law enforcement may still pursue charges. Additionally, federal drug offenses may carry harsher penalties than equivalent offenses under California law.

If you are facing any drug crime charges in the Los Angeles area, we invite you to contact us at Leah Legal: Los Angeles Criminal Lawyer. We will review your case and help devise a defense strategy that might see your charges dropped, penalties reduced, or even help you enroll in a diversion program.

An Overview of Drug Crimes and Drug Schedules

A drug crime refers to any offense related to the possession, sale, distribution, transportation, manufacturing, or use of controlled substances, such as illegal drugs or prescription medications that are used for non-medical purposes.

Both the Controlled Substances Act and California Uniform Controlled Substances Act categorize controlled substances into five schedules. These laws classify drug/controlled substances depending on their potential for abuse and dependence.

Schedule I drugs have the highest potential for abuse. They also don’t have an accepted medical use. Examples include heroin, LSD, and marijuana (under federal law).

Schedule II drugs have a high potential for abuse but also have currently accepted medical uses with severe restrictions. Examples include cocaine, methamphetamine, oxycodone, and fentanyl.

Schedule III drugs These drugs have a moderate to low potential for abuse and have accepted medical uses, such as anabolic steroids and codeine-containing medications.

Schedule IV drugs have a low potential for abuse and have accepted medical uses. Examples include benzodiazepines like diazepam (Valium) and alprazolam (Xanax).

Schedule V drugs have accepted medical uses, such as cough syrups containing codeine.

Note that while federal law classifies marijuana as a Schedule 1 drug, medical and recreational use of marijuana is legal in California since 2018 (as a result of Proposition 64). However, there are still restrictions on where and how it can be used, as we will discuss later. Also, the classification of a drug can change over time as new information becomes available about its potential risks and benefits.

General Drug Crime Laws

In this section, we will cover crimes under Health and Safety Code, excluding Meth and Marijuana, which we’ll cover under separate Meth and Marijuana Laws.

Possession of a Controlled Substance (Simple Possession: HSC 11350(a))

California Health and Safety Code 11350(a) makes it illegal to possess a controlled substance without a valid prescription. Drug possession was usually a felony offense, but Prop 47 (which was passed in 2014) reclassified certain drug possession offenses, including simple possession of a controlled substance as misdemeanors.

As a result of Proposition 47, a first-time offender is liable to a minimum fine of $1,000 or community service. A second or subsequent offender is liable to a minimum fine of $2,000 in addition to community service. The judge will order community service if the defendant is unable to pay the minimum fines.

Note that If you have a controlled substance that was prescribed to someone else, it's legal as long as the prescription holder gave you permission to have it and you intend to give it to the prescription holder or dispose of the substance properly.

Types of Possession

There are three main types of drug possession: actual possession, constructive possession, and joint possession. Actual possession occurs when drugs are found on a person, such as in their pockets or purse. Constructive possession occurs when drugs are found in a place that a person has control over, such as a house or car. Joint possession occurs when multiple people share possession of drugs, such as if drugs are found in a shared living space or if multiple people are using drugs together.

Possession for Sale (HSC 11351)

Health and Safety Code section 11351 governs possession or purchasing of a controlled substance with the intent to sell or distribute it, rather than solely for personal use. The prosecutor must prove that the defendant had the specific intent to sell or distribute the controlled substance, which can be established through various factors:

• Quantity of drugs: Possessing a large amount of a controlled substance can be an indicator of intent to sell. The specific amount varies depending on the substance, but prosecutors may argue that possessing an amount that exceeds what would be considered reasonable for personal use is evidence of intent to sell.
• Packaging and paraphernalia: The presence of items such as scales, baggies, or other packaging materials commonly used to distribute drugs can be used as evidence of intent to sell.
• Sales-related communications: Text messages, emails, or other communications that suggest the defendant was involved in drug sales can be used as evidence of intent to sell.
• Cash or other financial indicators: Large amounts of cash, financial records, or other indicators of financial gain can suggest that the defendant was involved in drug sales.
• Prior convictions or drug-related activity: Evidence of prior drug sales or other drug-related activity can be used to establish the defendant's intent to sell in the current case.

Possession for sale is a felony offense. It is punishable by a maximum fine of $20,000 and/or a county jail sentence of two, three, or four years. You might be sentenced to a maximum of one year as probation in county jail instead of fines or a jail sentence.

Aggravating Factors

There are factors that can lead to enhanced punishment for drug possession for sale charges.

• If the controlled substance is cocaine base, you face a maximum fine of $20,000 and 3, 4, or 5 years in jail.

If the substance is cocaine, cocaine base, or heroin, the following additional sentences apply (with a maximum fine of $8,000,000 in each case):

• Three years for at least 1 kg.
• Five years for at least 4 kg.
• Ten years for at least 10 kg.
• Fifteen years for at least 20 kg.
• Twenty years for at least 40 kg.
• Twenty-five years for at least 80 kg.

If you have at least one prior felony drug crime conviction other than simple possession, you face an additional and consecutive three-year sentence.

Sale/ Transportation of A Controlled Substance (HSC 11352)

Under Health and Safety Code 11352, it is illegal to knowingly sell, transport, import, furnish, or give away a controlled substance. The prosecutor must prove that the defendant had knowledge of the nature of the substance and had the specific intent to sell or transport it. The prosecutor may rely on various types of evidence to prove the case:

• Witness testimony: Testimony from witnesses who observed the sale or transportation of the controlled substance can be used as evidence against the defendant.
• Surveillance footage: Surveillance footage from cameras placed in areas where the sale or transportation occurred can be used as evidence against the defendant.
• Drug paraphernalia: The presence of drug paraphernalia, such as scales or baggies, can be used as evidence of the intent to sell or transport the controlled substance.
• Quantity of drugs: Possessing a large amount of a controlled substance can be used as evidence of the intent to sell or transport it.
• Prior convictions or drug-related activity: Evidence of prior drug sales or other drug-related activity can be used to establish the defendant's intent to sell or transport in the current case.

Possible penalties include:

• Felony probation.
• A maximum fine of $20,000.
• A jail sentence of three, four, or five years. If the defendant transported the substance across two counties, the sentence will be three, six, or nine years.

Aggravating Factors

There are various factors that can enhance the above punishments:

• An additional jail sentence of one year if the drugs are near (a thousand feet) a drug treatment center or a homeless shelter and the substance is cocaine, cocaine base, or heroin.
• Harshest sentence for selling drugs to persons undergoing mental health treatment, persons with a previous felony drug conviction, or pregnant women.
• Three to nine years sentence for selling or transporting drugs to minors.
• An additional one or two years for selling or transporting cocaine, cocaine base, or heroin within one thousand feet of a worship place or school.
• An additional one, two, or three years of imprisonment if the minor is at least four years younger than the defendant.
• An additional and consecutive three years sentence for every felony conviction if the defendant has a prior drug-related felony conviction.
• An additional sentence of up to 25 years depending on the quantity of cocaine, cocaine base, or heroin.

Laws Governing Methamphetamine

Possession of Methamphetamine (HSC 11377(a))

In California, possession of methamphetamine is a crime under HSC 11377(a). It is illegal to possess meth without a valid prescription or license.

Under this law, possession of methamphetamine is a "wobbler" offense. As a misdemeanor, the penalties for possession of methamphetamine can include a maximum jail sentence of one year and/or a maximum fine of $1,000. If charged as a felony, the penalties can include 16 months to three years in state prison and/or a fine of up to $10,000.

However, in certain circumstances, alternative sentencing options may be available, such as drug diversion programs or probation, which can result in reduced or dismissed charges.

Possession of drug paraphernalia, such as pipes, syringes, or other equipment used to consume drugs, is also illegal in California and can result in additional charges and penalties.

Possession of Methamphetamine for Sale (HSC 11378)

Under Health and Safety Code 11378, it is illegal to possess meth with the intent to sell or distribute it, without a valid prescription or license. Possession of methamphetamine for sale is a felony offense, with a prison sentence of 16 months, two years, or three years and/or a fine of up to $10,000. Formal/felony probation might be used instead of imprisonment or fines.

For the prosecution to convict someone of possession of methamphetamine for sale, they must prove beyond a reasonable doubt that the person knowingly possessed the methamphetamine with the intent to sell or distribute it. Evidence that can be used may include large quantities of methamphetamine, packaging materials, scales, and other drug paraphernalia, as well as statements made by the defendant or other witnesses.

Transportation/ Sale of Methamphetamine (HSC 11379)

Health and Safety Code 11379 makes it illegal to transport, import into California, sell, furnish, administer, or give away methamphetamine. This offense can occur if you are found transporting meth with the intent of selling it or exchanging it for something of value.

The prosecutor must prove that you knew the Meth was present, knew it was a controlled substance, and transported or sold a significant amount of it.

This offense is a felony, and the penalties for a conviction can include imprisonment in state prison for up to four years or more, depending on the quantity of methamphetamine involved. Additionally, fines of up to $10,000 can be imposed. A defendant is not eligible for a drug diversion program for violating this law.

Sentence enhancement depends on factors such as:

• Using a child to sell or transport meth.
• The substance exceeds a kilogram.
• Selling or transporting meth close to a school, drug treatment center, homeless shelter, or a worship place.

California Marijuana Laws

Despite the legalization of marijuana in California, you can still be prosecuted for violating different California marijuana laws. Let’s discuss these laws.

Marijuana Possession (HSC 11357)

California Health and Safety Code 11357 prohibits the illegal possession of marijuana. As per Prop 64, legal possession occurs if a person is at least 21 years and the quantity of marijuana does not exceed 8g of concentrated cannabis or 28.5g of dried marijuana. However, possessing any amount of marijuana at a k-12 school is illegal.

Simple possession of marijuana exceeding the stipulated quantities is a misdemeanor. This offense is punishable by a maximum fine of $500 and/or a jail term of six months.

For minors (under 18) that are found in possession of the above quantities, they will be charged with an infraction. As a result, they will be required to perform community service or attend drug counseling. A maximum fine of $100 might be imposed.

If you possess any amount of marijuana at a k-12 school, the potential penalty is a maximum of $250 and drug treatment/community service for minors under 18.

Cultivation Laws (HSC 11358)

The cultivation of marijuana is legal for both medical and recreational use, subject to certain restrictions and regulations. Adults aged 21 years or older can cultivate up to six plants for personal use. The plant must also be grown indoors (unless the grower has special permission to grow outdoors), in a secure place, and not accessible to minors.

Minors under 18 will be required to perform community service and attend drug counseling. Anyone under 21 but over 18 is subject to a maximum fine of $100 for violating Health and Safety Code 11358 (marijuana cultivation laws).

For people above 21 who cultivate more than six plants, the offense is a misdemeanor, punishable by a maximum fine of $500 and six months in jail. Violating this law (for adults who cultivate more than six plants) can also be a felony. This would occur if:

• The defendant is a registered sex offender.
• The defendant violates certain environmental laws during marijuana cultivation.
• The defendant has at least two or more convictions for cultivating more than 6 plants.
• The defendant has a serious felony conviction on their record.

Possession with Intent to Sale (HSC 11359)

It is legal to sell marijuana in California, but only for businesses with local and state licenses. Therefore, you would face charges under Health and Safety Code 11359 if you possess marijuana with the intent to sell without a permit.

This offense is usually a misdemeanor, with a maximum jail sentence of six months and a maximum fine of $500.

Aggravating factors such as a prior violent conviction, a prior conviction for the sale of marijuana, or involving a minor under 18, can lead to felony charges. As a felony, the offense carries 16 months, 2, or 3 years jail sentence.

Selling or Transporting Marijuana (HSC 11360)

California residents must obtain a permit (issued by the Bureau of Cannabis Control) if they want to sell commercial cannabis. Otherwise, they would be liable to criminal charges for unlicensed sale or transportation of marijuana, under Health and Safety Code 11360.

The offense is charged as a misdemeanor. Potential punishments are a maximum fine of $1,000 and a maximum jail sentence of six months. The offense can be treated as a felony if you have a previous violent felony conviction, two prior convictions for unlawful marijuana sale/transportation, or involving a minor under 18. It can also be treated as a felony if an adult sells, transports, or offers to transport/ sell more than 8g of concentrated cannabis or more than 28.5g of dried marijuana. As a felony, the offense carries a two, three, or four years county jail sentence.

Selling marijuana to a minor under 14 is punishable by 3, 5, or 7 years imprisonment. If the minor is above 14, the potential prison sentence is 3, 4, or 5 years.

Can You Be Prosecuted under Federal Laws?

Under federal law, marijuana is classified as a Schedule I controlled substance, which means it is considered to have a high potential for abuse and no currently accepted medical use. As such, the possession, distribution, and sale of marijuana are all illegal under federal law, regardless of any state laws that may allow for some form of marijuana use. However, enforcement of federal marijuana laws can vary depending on the policies and priorities of the federal government and individual prosecutors.

Since federal laws take precedence over state laws, you can face punishments even if you adhere to state and local regulations. However, this is very unlikely, especially if you are in full compliance with Prop 64 regulations. The main reason why federal marijuana laws apply is when the offense takes place on federal property within the state, such as public airports, national parks, post offices, federal courthouses, and federal buildings.

Other Drug Crimes

Here are other drug-related offenses:

• Operating or Maintaining a Drug House – Health and Safety Code 11366.
• Operating a Vehicle with Marijuana or Alcohol – Vehicle Code 23222(b).
• Sale of Synthetic Cannabis – Health and Safety Code 11357.5.
• Possessing Materials for Manufacturing PCP – Health and Safety Code 11383.

Find a Drug Crimes Defense Attorney Near Me

As controlled substances are increasingly being used across the country, law enforcement officers are treating drug-related offenses seriously. In fact, drug crime charges have become some of the most common criminal offenses you are likely to face.

We at Leah Legal: Los Angeles Criminal Lawyer understand the seriousness of these charges. As a result, we devote our time to treat each case uniquely while defending our clients. We always fight to have the charges dropped, but we can have the sentence or fines reduced. Since most of the time the defendant is likely having a drug-related issue, we can have a defendant enrolled in a drug diversion program instead of facing jail or prison. Please contact us at 424-600-7164 if you are in the Los Angeles area to discuss more about how we can help you.