California Drug Crimes Attorney
Are you dealing with drug charges in California? Then contact a California drug crimes attorney who will fight for you in your time of need.
Drug crimes in California can land you in county jail or – in the worst-case scenario – federal prison. Whether you’re being charged with possession of drugs or are facing trafficking or other charges, you need to find aggressive representation who will fight for you all the way.
By learning about drug crimes in California, you can take action, defend yourself, and protect your future.
“I felt like i was in nightmare. Chris literally saved my life.” – Jesus L.
What’s Classified as a Drug Crime?
A drug crime is any crime that involves violating a law put into place regarding controlled substances. Each state creates their own laws on controlled substances and the charges you could receive for committing a criminal act. However, the federal government will step in when you violate federal law.
In California, controlled substances are divided into five schedules. The most dangerous ones that could result in serious physical or psychological dependence are Schedule I, and the less severe drugs are Schedule V.
- Schedule I drugs: Opiates, hallucinogens, peyote, and heroin
- Schedule II drugs: Morphine, Adderall, oxycodone, fentanyl, and raw opium
- Schedule III drugs: Pentobarbital and anabolic steroids
- Schedule IV drugs: Ambien, Valium, and Xanax
- Schedule V drugs: Robitussin AC and Motofen
You will be charged depending on the schedule of the drug and the type of crime allegedly committed. Note that while marijuana is legal in California, you can only possess a maximum of 1 ounce of dried marijuana or 8 grams of concentrated cannabis to stay under the legal limit. You can grow up to six plants if they are for personal use.
Here are the types of drug charges you may be facing, along with their corresponding penalties.
Possession of a Controlled Substance
If you are in unlawful possession of a controlled substance, which is also called possession for personal use or simple possession, you could be charged with a misdemeanor in California. This means you could be sentenced to up to one year in county jail and a fine of up to $1,000. If you are a first-time offender, you may be able to get your charges dismissed if you complete a drug diversion program or drug court.
In your defense, you could say that you didn’t know you were in possession of the paraphernalia, or you had the legal right to possess them.
Illegal Possession of Marijuana
Even though marijuana is legal in some instances in California, you could still be breaking the law if you deal with the drug in certain ways. For instance, if a person under 21 years of age is in possession of marijuana, this is an infraction punishable by a fine of up to $100 and required drug counseling and community service.
Possession of more than the legal recreational limit could result in a misdemeanor charge and include up to six months in county jail and up to a $500 fine. If you’re 18 and over, possessing marijuana on K-12 school grounds could result in a misdemeanor charge and up to $250 in fines, while defendants under 18 could receive an infraction that includes drug counseling and community service.
Cultivating marijuana illegally will typically lead to a misdemeanor charge with a penalty of up to six months in county jail and/or a fine of up to $500. These could become felony charges if someone has a serious violent felony on their record, they have two or more prior convictions of illegal cultivation on their record, or they are a registered sex offender.
Possession with intent to sell may result in a misdemeanor charge with penalties of up to six months in county jail and a fine of up to $500. Typically, the unlicensed transport or sale of marijuana is punishable by up to six months in county jail and/or a maximum fine of $1,000.
Anyone who is 18 years or older and sells to a minor could be charged with a felony. If the minor is under 14 years of age, this could result in three, five, or seven years in state prison. If the minor is over 14 but less than 18 years of age, the defendant could spend three, four, or five years in state prison.
If you are caught driving with marijuana, this is an infraction and punishable by up to a $100 fine. Defenses to marijuana crimes include having the legal right to possess the drug as well as illegal search and seizure.
“From the moment I met Chris, I knew I was in good hands.” – Kevin H.
Drug Crimes Related to Methamphetamine
It is illegal to use, sell, or manufacture meth. If someone is charged with the intent to sell meth, then they could be sentenced to 16 months or two or three years in county jail and have to pay a fine of up to $10,000. Manufacturing meth could lead to a three, five, or seven-year jail sentence and a fine of up to $50,000. Driving under the influence of meth could result in up to one year in county jail, a fine of up to $390, as well as restrictions on a driver’s license and a mandatory drug education course.
Defenses for meth crimes include saying you did not intend to sell it or that you were coerced into selling or transporting it by an undercover police officer, which is called entrapment.
Another drug crime is prescription fraud, where someone illegally obtains prescription medicine. This could include going to many doctors to receive different prescriptions or by lying about a health condition in order to get prescription drugs. Another example is having someone else go to a doctor to get medicine for you.
Prescription fraud is a wobbler offense, which means it can be either a misdemeanor or felony in California. If you’re charged with a misdemeanor, you could be sentenced to up to one year in county jail. If you’re charged with a felony, you could go to jail for 16 months or two or three years. In your defense, you could say that you didn’t use fraud to get your prescription.
Contacting California Drug Crimes Attorney CBS Law
Contact CBS Law for your free 60-minute consultation by calling (213) 600-0972 or getting in touch on our website. CBS Law is here for you 24/7, and we’ll work hard on your case to ensure justice is served. We are looking forward to helping you with your drug crimes case in California.
Do NOT speak to law enforcement or investigators about your drug crimes, as that information can and will be used against you in a court of law.
Christopher J. Bou Saeed Founding Attorney of CBS Law