Every day, over 700 people are arrested in California for drug offenses. Drug offenses, whether felonies or misdemeanors, may have substantial long-term consequences. Prosecutors in California have a reputation for being violent when it comes to drug trials. If you are charged with a drug offense, you must speak with a Criminal Defense Attorney. A professional criminal defense lawyer will help you reduce the severity of the fines and possibly clear the name of all charges. The following is some useful knowledge about California's drug policies and crimes.

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It could be beneficial to seek the advice of an experienced Criminal Defense Attorney who can ensure that your interests are secured and that the effects of your actions are reduced. Your Criminal Defense Lawyer might be able to get the charges against you completely dismissed in certain cases. In certain cases, your lawyer will get the fines or penalties you'll face reduced.

What are California's various drug schedules?

The schedule of the drugs involved is one of the first things to learn about your drug charge in California. A medication's "schedule" is a classification based on the severity of the drug. The federal government has established five separate medication schedules based on each substance's approved medical usage (if any) as well as the risk of misuse and addiction. Schedule I drugs are the most dangerous, while Schedule V drugs are the least dangerous. For each schedule, below are some simple definitions:

Schedule I. Drugs and chemicals have no approved medical usage and are associated with a high risk of psychological or physical dependence. Marijuana, opium, LSD, ecstasy, and peyote are only a few examples.

Schedule II. These drugs have a higher risk for abuse than Schedule I drugs, but not as high as Schedule I drugs. These medications are classified as "dangerous" by the federal government. Cocaine, Vicodin, methamphetamine, oxycodone, opioids, and Ritalin are only a few examples.

Schedule III. Drugs in Schedule III pose a moderate to low risk of addiction. Testosterone, anabolic steroids, ketamine, and combination drugs containing fewer than 15 milligrams of hydrocodone per dose are examples.

Schedule IV. Drugs classified as Schedule IV have a low risk of addiction and violence. Many prescription drugs are involved. Xanax, Valium, Ambien, Soma, Darvon, and Tramadol are only a few examples.

Schedule V. They are the safest drugs to use since they have the least potential for misuse and dependence. Schedule V medications are often used to treat diarrhea, as well as for antitussive and analgesic purposes. Robitussin, Lyrica, and Lomotil are only a few examples.

In general, violations of the law involving Schedule I substances would result in harsher punishments than violations of the law involving Schedule V substances. The drug's classification will play a big role in determining the criminal implications of owning, using, or selling it in California.

Drug Crimes: What They Are and What They Aren't

At the time of your arrest, police can accuse you of a variety of drug crimes, including:

1. Possession of illegal drugs

Not only is it illegal to possess illegal drugs in California, but it is also illegal to possess prescription drugs from those who have not been given them. It is illegal to possess substances such as cocaine, crack, methamphetamine, ecstasy, ketamine, and GHB and prescription medications such as Vicodin or Codeine without a valid prescription according to Health and Safety Code 11350. The possession of methamphetamine, also known as crystal meth, is illegal under California's Health and Safety Code 11377.

  • Possession of a controlled substance in California, such as illicit substances like heroin or cocaine, or prescription drugs obtained without a valid prescription, is illegal. If you are found with some amount of usable marijuana, you will face legal consequences.
  • Possession of a controlled drug has been a misdemeanor offense in most cases since the passage of Proposition 47. Although Possession of a Controlled Substance can appear to be a minor offense at first, it can have significant long-term implications. Depending on the quantity and form of a controlled drug, you could be sentenced to up to a year in jail, even under the terms of Proposition 47. Furthermore, not everyone qualifies for a reduced penalty under Proposition 47's terms, so certain people will still face criminal charges.

Infractions, misdemeanors, felonies, and wobblers are the different types of drug abuse charges in California (crimes that may be charged as either a misdemeanor or felony). The classification of a possession offense may have a big impact on the punishment. In November 2014, California voters approved Proposition 47, which reduced such possession offenses from felonies to misdemeanors. Prop 47 can also be extended retroactively to those who are actually serving time for such crimes. Please see the table below for more detail on Proposition 47. Contact a Criminal Defense Attorney to learn more about your specific case.

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Drug Possession

True, constructive, and joint possession are the three forms of drug possession defined by California law.

Real Possession – When a controlled substance is under your immediate, physical control, you have actual possession of it. If a substance is physically in the palm of your hand or on your person, you may have actual possession of it. If the drug is in your purse, handbag, backpack, or briefcase, you can be charged with actual possession. Drugs that have been ingested are also considered to be in actual possession. One of the most complicated drug possession offenses to defend in court is this form of offense.

Constructive Possession – The word "constructive possession" applies to any situation in which law enforcement discovered drugs in a location that you controlled, such as your home or vehicle. Constructive ownership is difficult to create in a court of law. While police might find drugs in your car, this does not mean that you were aware of them or that you put them there. Constructive possession is insufficient evidence to warrant a drug possession conviction.

Joint Possession – California law allows two persons to be in possession of drugs at the same time. "Joint possession" is the term for this situation. If police discover a controlled drug in your house, you may be charged with joint possession. Even if the drug belonged to someone else, you might be charged with joint possession if you were conscious that it was present in the building. To put it another way, you might be charged with joint drug possession only because you were aware of the illegal substance.

Possession for the Purpose of Sale

It is illegal to possess opioids like cocaine, heroin, and GHB, as well as some prescription drugs like Vicodin and Codeine, with the intent to market them, according to Health and Safety Code 11351. Possession of other illicit drugs, such as methamphetamine (crystal meth), with the intent to market the controlled substance, is illegal under Health and Safety Code 11378. These offenses are classified as felonies, and the penalties are more severe than mere possession. However, just because you've been arrested doesn't guarantee that you'll be found guilty.

To be convicted of one of these offenses, the prosecutor must show that the defendant was aware of the controlled substance's existence, was aware that the substance was an illegal drug, had enough of the illegal drug to sell for consumption, and expected to sell it. The existence of weight measuring instruments (scales), packaging materials (baggies), large amounts of cash, firearms, and the quantity of the controlled substance seized are all factors considered when determining if a person possessed a controlled substance with the intent to sell.


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"Awareness" and Drug Possession

You can't be accused of drug possession if you don't know what you're doing. The word "intelligence" in California must include the following facts, according to state law.

  1. You were conscious that a controlled drug was present.
  2. You were aware that the substance was illegal.

You cannot be accused of drug abuse if law enforcement cannot prove that you were aware (or should have been aware) of the drug. For example, you could take an illegal drug by mistake at a friend's house because you mistook it for an over-the-counter prescription. Similarly, a friend might leave an illicit substance under your car's seat. You were in charge of the car, but you were not always mindful of the drug.

Putting Together an Effective Drug Possession Defense

If you've been charged with drug abuse, there's no denying that you need a strong defense. In reality, refusing to exercise your constitutional right to counsel could jeopardize your chances of avoiding prosecution. There are a variety of legal strategies that can be used on your behalf, but none of them can be used unless a Criminal Defense Attorney has thoroughly investigated the facts of your case.

The following are some of the possible defensive strategies in your case:

  • Trying to prove that you didn't have the controlled drug in your possession.
  • Trying to convince the court that your possession of the controlled drug was only for a short time
  • claiming you had a legitimate prescription for the controlled drug discovered in your place
  • claiming that unlawful search and seize techniques were used in the course of making a possession arrest
  • Using the excuse that you lacked expertise (either of the possession in general or of the illegality of the substance in your possession)

The defenses mentioned above are some of the most widely used in drug possession cases; however, they are not the only ones that can be used. Much of your defense will hinge on your case's details, so it's important to hire a Criminal Defense Lawyer as early as possible in the legal process.

Consequences of a Controlled Substances Possession Conviction

Schedule drug possession is a misdemeanor offense punishable by up to a year in jail under Proposition 47. However, not everyone is eligible for these misdemeanor charges. Only those who are not licensed sex offenders and have no prior convictions for any serious violent offenses, such as murder, are subject to Proposition 47. Defendants that may not meet the criteria can face a misdemeanor or felony charge, depending on the substance and the quantity in their possession. Any of these charges could land you in prison for a long time.

However, incarceration is not the only result of a drug arrest. A criminal record for Possession of a Controlled Substance can cause problems with:

  • Job Searches: Seeking a job when you have a conviction is difficult. You will be subjected to a background check, which may reveal any prior convictions. You still won't be able to get a security clearance to work for the government.
  • Renting an Apartment: A landlord can refuse to rent to you if a background check reveals a conviction.
  • Financial Assistance for Education: If you have a drug record, you will be unable to receive financial aid to pay for college or university. If you're a student right now, this might also keep you from graduating.
  • When awarding custody of your children, a judge can look unfavorably on a drug conviction.
  • Immigration: Whether you have a visa or a green card, it can be revoked if you are convicted of such crimes. Deportation is a possibility if you are convicted of a crime.

Unfortunately, there is a slew of other possible outcomes. An experienced Criminal Defense Lawyer will tell you the truth about the allegations you're up against and help you avoid them.

Is it Possible to Participate in a Drug Diversion Program?

The aim of Proposition 47 was to allow drug offenders to seek help rather than go to jail. As a result, the courts will be willing to let you participate in a diversion program. You typically count as a minor criminal.

When you enter a drug rehabilitation program, you plead guilty to the crime of possession and have your sentence postponed until you complete a drug recovery program. Your case will be dismissed after you complete the curriculum and satisfy the other conditions. This means you won't have to reveal your drug convictions while applying for a job or an apartment.

2. Trafficking or Distribution of Drugs

The crime of selling, producing, distributing, or importing illicit narcotics or controlled substances, such as marijuana, heroin, methamphetamine, or cocaine, is known as drug delivery. Any person who "knowingly or intentionally– (1) manufactures, distributes, or dispenses, or possess with intent to produce, distribute, or dispense, a controlled substance; or (2) creates, distributes, or dispenses, or possess with intent to distribute or dispense, a counterfeit substance" is in violation of 21 USC 841. This federal statute also covers the unlawful selling or delivery of opioids or prescription drugs like oxycodone, amphetamines, fentanyl, and hydromorphone.

Conviction for Drug Distribution Penalties

Drug offenses are severely punished in California and around the country, and whether you are a first-time offender or a repeat offender, you can expect to face strict punishments, including a lengthy jail sentence, if you are convicted of federal drug trafficking. In reality, federal drug cases also include mandatory minimum prison sentences, which are determined by federal sentencing guidelines, which mandate that a criminal convicted of a federal drug offense serve a minimum time in prison, rather than allowing the judge to hear the case to determine the penalty.

Drug delivery is close to drug trafficking in nature, and both are prohibited under the same federal law, implying that the penalties for both are the same. The specific criminal sanctions that arise from a drug trafficking conviction differ based on the facts of the case, such as the nature and amount of drugs involved, the suspected distribution location, and the defendant's criminal background. For example, suppose you are charged with possessing 100 grams or more of PCP or 10 grams or more of LSD as a federal crime. In that case, you could face a prison sentence of 10 years to life and $10 million in fines, with an extended minimum sentence of 20 years to life in prison if death or serious injury occurs from the use of the drug or controlled substance. If you've been convicted of a felony drug offense before, you could face a minimum term of 15 years in jail.

Individuals convicted of drug trafficking in federal court can face additional substantial penalties, such as forfeiture of their cars, assets, houses, and other personal property, in addition to a lengthy jail term and costly fines.


Defense of Drug Distribution by the Federal Government

Just because you've been charged with drug possession doesn't mean you'll be found guilty of the crime. In reality, there are a variety of possible defenses to drug trafficking charges that can be raised in court. Even if the government has what seems to be irrefutable proof that you are guilty of drug distribution, if the police did not follow due procedure in collecting the evidence against you, your Criminal Defense Lawyer might be able to get the evidence dismissed, resulting in the criminal charges against you being dropped. To be legitimately convicted of drug distribution, the prosecutor must prove the following "elements" of the crime beyond a reasonable doubt:

  • You knowingly had an illegal drug or controlled substance on your person.
  • You did so with the intention of unlawfully selling, delivering, or distributing the substance.

To prove that you committed the crime of drug trafficking, you must have "constructive" possession of an illicit drug or controlled substance, which means you have the power and intention to control the drug. Furthermore, you can satisfy the delivery portion of a drug distribution fee even though you never transported, sold, or distributed the drug. Under federal law, you can be found guilty of drug possession if you intended to sell or dispense the drug.

Drug Distribution Charges: Possible Defenses

Possession is the most common drug offense, and to be elevated to sale, the defendant must be convicted of unlawfully selling, delivering, or supplying the drugs, rather than merely possessing them for personal use, which carries a lesser penalty. Many drug trafficking charges occur when the prosecutor only has circumstantial evidence of the defendant's intent to sell rather than solid evidence that the defendant sold or distributed a controlled substance.

For example, even though you aren't caught selling or distributing the drugs, you might face trafficking charges if you have a large amount of heroin in your possession or a large sum of money from suspected heroin sales. This allows the Criminal Defense Attorney to contest the prosecutor's argument by presenting a convincing defense that contradicts the prosecutor's version of events. Your Criminal Defense Lawyer will be able to use the following tactics to protect you against drug trafficking charges:

  • You were completely unaware of the substance's illegal status.
  • You didn't have the substance with you.
  • Entrapment was used against you.
  • You are in possession of a valid prescription for the drug.
  • An unlawful search and seizure collected the evidence for the prosecution.
  • The evidence presented by the prosecution was tampered with.
  • There isn't enough proof for the prosecutor to prove the crime beyond a reasonable doubt.
  • You have no intention of selling or distributing the medications.
  • The police officer lacked probable cause to detain you.

What is a Distribution Conspiracy?

When an individual is charged with "Conspiracy to Possess with Intent to Distribute," there are typically a number of violations. This allegation implies that the defendant collaborated with another person in the preparation of illegally possessing or selling a controlled drug.

The term "conspiracy" comes from the inclusion of a second person, which is seen as a partnership. Although a conspiracy charge only requires two or more individuals, it should be remembered that a crime does not have to be committed in order for a conspiracy charge to be filed. To make the case, the prosecutor would only need to demonstrate that there was an attempt to commit a crime.

Conspiracy to Distribute Penalties

The Federal Sentencing Guidelines determine the punishment for possession with the intent to distribute under federal law. After being found guilty, a sentencing hearing is held. The sentence will be determined by a federal judge who will meet guidelines. The fines and amount of time spent in jail differ greatly depending on the controlled drug used and whether the person convicted has a criminal record.

3. Manufacturing a Strictly Controlled/Illegal Substance

It is illegal in California to participate in or offer to engage in any of the original, intermediate, or final steps in the illegal manufacture of drugs, narcotics, or controlled substances. If the controlled drug is made by chemical extraction of a volatile solvent, the crime is amplified. When people learn that someone is facing drug trafficking charges, hash oil is usually the first thing that comes to mind. This is because the use of butane to chemically extract and concentrate marijuana compounds has become increasingly common in the production of this controlled substance. Because of the explosive nature of butane, making butane hash oil is considered a very dangerous practice. Within 300 feet of an inhabited home in San Diego, this acidic solvent's use to chemically extract concentrated cannabis will result in a sentence enhancement. This is because the explosion of butane canisters can result in serious bodily injury or death to another person, making drug manufacturing charges more serious.

Understanding Section 11379.6 of the California Health and Safety Code

Section 11379.6 of the California Health and Safety Code forbids any practice that facilitates the manufacture of illicit drugs. This means that you don't have to be a part of the actual production of the controlled substance to be held responsible for drug manufacturing in California. Being in possession of a precursor chemical that is known to be used in the manufacture of a controlled drug is a crime. In California, a person in possession of immediate precursors at the same time, if necessary for producing a controlled substance, is assumed to be in possession of the controlled substance, according to Health and Safety Code section 11383.

Many of California's drug laws are aimed at stopping illicit drug transportation, sale, and use. Many law enforcement authorities, both federal and local, operate to deter illegal drugs from entering the United States. However, as narcotics like methamphetamine and ecstasy have grown in popularity, so has the number of local drug manufacturing operations. Manufacturing a controlled drug is illegal under California Health and Safety Code Section 11379.6 HSC, and those convicted face lengthy jail terms.


A crime may be charged against someone who creates, compounds, converts, extracts, derives, processes, or prepares a controlled substance under this law. This covers both high-tech drug labs and low-key methamphetamine manufacturing operations. Regulated drug manufacturing also requires the use of highly reactive chemicals that, if treated incorrectly, can combust and explode.

Offense at the Felony Level

According to Section 11379.6 HSC of the Health and Safety Code, manufacturing a controlled drug is a crime in California. Many convicted of this crime face a sentence of up to seven years in jail.

If any aggravating factors are present, a convict can face additional jail time. Suppose the defendant was producing methamphetamines, GHB, or PCP. In that case, he or she could face an additional three years in prison if the controlled substance involved was more than three gallons of liquid or one pound of solid, five years if the substance was more than ten gallons of liquid and three pounds of solid, and ten years if the substance was more than 25 gallons of liquid and ten pounds of solid. This extra jail time will run concurrently with the existing term for the underlying crime.

Manufacturing Controlled Substances Causes Injuries or Death

A convict will be sentenced to an extra year in jail if someone is injured or killed as a result of his or her crime. A judge would order the convict to serve an additional two years in prison if a child under the age of 16 living at the location where methamphetamines were made. The defendant faces an additional five years in jail if a minor under the age of 16 are injured as a result of the manufacture of a controlled substance. Suppose a defendant has previously been convicted of possessing or selling methamphetamine (under California Health and Safety Code Section 11351 HSC), transporting or selling a controlled substance under California Health and Safety Code Section 11352 HSC, or possessing or selling a controlled substance under California Health and Safety Code Section 11351 HSC. In that case, he or she could be sentenced to additional prison time. Under these provisions of the law, the defendant will be sentenced to an additional three years in prison for each previous felony conviction.

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In addition, if a defendant is found in possession of drug processing products, he or she can be charged with a crime. A person accused of possessing the materials necessary to produce controlled drugs can be sentenced to up to six years in prison under California Health and Safety Code Sections 11383 and 11383.5 HSC. In certain cases, the suspect is apprehended after purchasing large quantities of cold drugs from pharmacies, making methamphetamine.

Possessing Materials for Drug Manufacturing

The number of homegrown drug manufacturing activities discovered by law enforcement authorities has risen dramatically in recent years. These home laboratories not only manufacture large amounts of illicit drugs like methamphetamines, but they also use highly reactive chemicals that have been known to cause major explosions and fires, resulting in injury and death. Under California Health and Safety Code 11379.6 HSC, it is illegal to produce controlled drugs, but it is illegal to simply possess drug production materials. Possessing drug processing products is a felony under California Health and Safety Code Sections 11383 and 11383.5 HSC, and those convicted face jail time.

Possessing Chemical Precursors Is Illegal

It is illegal to possess piperidine and cyclohexanone, which are used to make PCP, and methylamine and phenyl-2-propanone, which are used to make methamphetamine, under this code portion. Possession of ephedrine or pseudoephedrine, which can be used to make methamphetamine, is also prohibited.

Possession of Ephedrine and Pseudoephedrine

Many people who work in home meth labs buy huge amounts of ephedrine and pseudoephedrine, which are also present in over-the-counter cold drugs. The sale of these medications has become more regulated, and people who want to buy cold medicine now have to provide valid identification. They won't be able to buy huge amounts of this drug, and they'll be flagged if they try to buy cold drugs from various pharmacies to avoid being caught.

Possessing drug-manufacturing products is a crime, with a maximum penalty of six years in jail for those convicted. Suppose the drug-producing materials were possessed in the same place as a minor under the age of 16. In that case, the court will enforce an additional two-year term, and the convict can be sentenced to an additional five years if the possession of these materials resulted in great bodily harm to a minor under the age of 16.

Defense of Illegal Possession of Drug Manufacturing Materials

A defendant charged with possessing drug processing products in violation of California Health and Safety Code Sections 11383 and 11383.5 HSC may have a variety of defenses available to them. If the defendant had a legitimate reason for possessing the chemicals mentioned and was not doing so to make methamphetamine or PCP, he or she would not be guilty of this crime. For example, buying ephedrine or pseudoephedrine is not illegal in and of itself, and the defendant may have a legitimate excuse for purchasing large amounts of cold medicine. On the other hand, the prosecution could rely on circumstantial evidence to prove that the defendant had the material with the intent to make a controlled drug.

Furthermore, if the evidence was found as a result of an unlawful search or seizure, the defendant might have grounds to appeal the evidence's admissibility. If the search or seizure did not comply with the law and there was no search warrant, the defense can file a motion to suppress evidence under California Penal Code Section 1538.5 PC. If the case is successful, the evidence will be suppressed, and the prosecution will most likely be unable to proceed. If the police used a search warrant, the evidence could be withheld if the warrant was based on a false affidavit or if the search went beyond what the warrant required.

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