Fighting Drug Trafficking Charges in California: How Dismissals Happen
Can You Get a Drug Trafficking Charge Dismissed in California?
Drug trafficking charges in California are high-stakes felonies that can carry years in prison, heavy fines, and long-term consequences for your future. While challenging, dismissals are possible when the defense suppresses key evidence, undermines “intent to sell,” or exposes flaws in how the case was built. Early intervention by an experienced defense attorney is often the difference between charges that stick and charges that collapse.
This guide breaks down the common California trafficking charges, what prosecutors must prove, the strongest dismissal strategies, and what can be done if dismissal is not yet on the table.
Common California Drug Trafficking Charges
Most California trafficking-related cases are filed under these statutes:
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Health & Safety Code § 11351 – Possession of controlled substances for sale (e.g., cocaine, heroin, certain prescription medications).
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Health & Safety Code § 11352 – Sale, transport, furnish, or offer to sell/transport controlled substances.
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Health & Safety Code § 11378 – Possession of methamphetamine and certain other substances for sale.
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Health & Safety Code § 11379 – Sale, transport, furnish, or offer to sell/transport methamphetamine.
Related charges that sometimes appear alongside trafficking counts include:
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HS § 11366 – Maintaining a place for selling or using controlled substances.
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HS § 11359 / § 11360 – Marijuana possession for sale / sale or transport (limited, but still charged in some cases).
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Conspiracy and Money Laundering – Often added in larger cases, especially with alleged organized sales or interstate activity.
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Federal charges (21 U.S.C. §§ 841, 846) – Triggered in cases involving large quantities or alleged interstate trafficking.
What Prosecutors Must Prove
To convict on trafficking-related charges, the prosecution must establish each element beyond a reasonable doubt.
Possession for Sale (HS 11351 / 11378):
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Possession and control of a controlled substance,
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Knowledge of its presence and nature,
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A usable amount, and
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Intent to sell (often inferred from packaging, scales, pay/owe sheets, cash, coded communications, or lack of personal-use items).
Sale/Transportation (HS 11352 / 11379):
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Proof of actual sale, furnishing, or transport for sale.
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“Transportation” requires movement with the intent to sell — not just having the drugs.
If the state cannot prove a usable amount, knowing possession, or intent to sell, trafficking charges become vulnerable to dismissal or reduction.
Dismissal Strategies That Work
Illegal Search and Seizure
Many trafficking cases rise or fall on a Fourth Amendment challenge. Evidence can be suppressed if police:
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Stopped or detained you without reasonable suspicion,
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Searched your vehicle, home, phone, or person without a warrant, valid consent, or probable cause,
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Used an over-broad or defective warrant, or
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Claimed “consent” after coercion or an unlawful detention.
A defense attorney can file a Penal Code § 1538.5 motion to suppress. If granted, the excluded evidence often leaves the prosecution with no case.
No Intent to Sell (Personal Use)
Trafficking requires intent to sell. The defense may argue the drugs were for personal use by pointing to:
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Lack of sales paraphernalia (e.g., no scales, baggies, pay/owe sheets),
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Personal-use indicators like pipes or foil,
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Quantity consistent with personal use rather than distribution,
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Evidence of therapeutic or medical use.
Undermining “intent to sell” can open the door to a reduction to simple possession — a far less serious offense, and one that may qualify for diversion.
Chain of Custody and Lab Errors
The prosecution must prove the tested drugs are the same substances seized and that they were handled properly at every step. Problems often include:
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Gaps in custody logs,
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Improperly sealed or unsealed evidence bags,
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Storage or transport issues that raise contamination risks,
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Lab errors such as mislabeling or unverified testing methods.
If the chain of custody is broken or the lab analysis is unreliable, a judge may exclude the results — leaving the state unable to prove the drugs were illegal.
Entrapment and Unreliable Informants
Trafficking cases often involve confidential informants, controlled buys, or undercover officers. These sources can be unreliable. Defenses include:
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Challenging the credibility of an informant with a criminal record or incentives to lie,
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Showing law enforcement pressured or induced conduct you otherwise would not have engaged in (entrapment),
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Exposing inconsistencies between reports, recordings, and body-cam footage.
When a “buy” is unreliable or shows officers crossed the line into entrapment, trafficking charges may be dismissed or substantially weakened.
Statements and Digital Evidence
Admissions, text messages, and call logs are common in trafficking prosecutions. These can be suppressed if:
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Statements were taken in violation of Miranda rights,
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Interrogations were coercive or involuntary,
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Phone searches were conducted without a proper warrant,
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Digital searches exceeded the scope of the warrant.
Without admissible statements or digital communications, the prosecution often struggles to prove intent to sell.
If Dismissal Is Not Immediately Possible
Even if a full dismissal is not realistic, there are still ways to reduce the impact of trafficking charges.
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Reduce to Simple Possession (HS 11350 / 11377): By reframing the case as personal use, exposure to prison can be cut dramatically. Once reduced, diversion programs may become available.
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Negotiate a Lesser Offense: Pleading to an attempted offense, paraphernalia possession, or a limited count can protect immigration status, employment, and licensing while avoiding harsher penalties.
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Fight Enhancements: California law can add time for factors like drug weight or alleged sales near schools. Beating enhancements can significantly reduce sentencing exposure.
Note on Diversion: California’s diversion programs (e.g., PC 1000) are generally not available for sales/trafficking counts. Eligibility commonly requires reduction to a personal-use possession offense first.
Penalties and Collateral Consequences
Convictions under California trafficking laws can carry up to 4 years in state prison per count (HS § 11351 / § 11378) or longer depending on drug type, weight, and priors. Federal prosecutions can impose mandatory minimums tied to drug quantity.
Collateral consequences often include:
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Asset forfeiture of money or property linked to alleged sales,
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Immigration impacts (deportability and inadmissibility),
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Loss of professional licenses or employment opportunities,
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Permanent restrictions on firearm rights.
Because the consequences are severe, early legal intervention is critical.
What to Expect in the California Felony Process
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Arrest & Booking / Pre-Filing Stage: Counsel may intervene with prosecutors before charges are filed.
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Arraignment: Charges are formally filed; bail or release conditions are addressed.
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Preliminary Hearing: Judge decides if probable cause exists. This is a key chance to test the state’s evidence.
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Pretrial Motions & Negotiations: Includes suppression motions (PC 1538.5), discovery fights, and negotiations for dismissal or reduction.
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Trial: If unresolved, the prosecution must prove each element beyond a reasonable doubt. The defense cross-examines witnesses, challenges lab and officer testimony, and presents defenses tailored to the case.
Most trafficking cases are resolved before trial — often because critical evidence is suppressed or “intent to sell” is undermined.
Speak With a Los Angeles Drug Trafficking Defense Lawyer
A drug trafficking case will not fix itself. The sooner a defense team reviews the stop, search, warrants, informant work, and lab handling, the stronger your options for dismissal, reduction, or a resolution that protects your future.
Attorney Arash Hashemi has defended clients across Los Angeles County for over 20 years in serious drug cases. Our firm challenges unlawful searches, unreliable informants, and weak lab evidence to fight for the best possible outcome.
Contact our office today to schedule a free confidential consultation with an experienced Los Angeles drug trafficking lawyer.
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