What Are the Most Common Drug Offenses in California?

Simple Possession

Being found with a small quantity of drugs intended for personal use is one of the most frequently charged drug offenses in California. This typically applies to substances such as cocaine, heroin, methamphetamine, or even prescription medications like Xanax when no valid prescription exists. Under Health and Safety Code § 11350, simple possession is generally charged as a misdemeanor, thanks to Proposition 47, but it can still result in up to one year in county jail, fines, and mandatory drug counseling.

However, for defendants with certain prior convictions (such as violent felonies) or who are registered sex offenders, simple possession may be elevated to a felony charge. Participation in diversion programs or drug treatment programs is often an option for first-time offenders, allowing them to avoid incarceration.

Possession for Sale

Possession of drugs with the intent to sell is a much more serious charge under California law. Health and Safety Code § 11351 applies when prosecutors believe that the drugs in your possession were meant for distribution rather than personal use. Evidence such as digital scales, baggies, pay/owe sheets, or large amounts of cash is often used to establish intent.

Unlike simple possession, possession for sale is a felony and carries penalties of up to four years in state prison and fines of up to $20,000. Additionally, this offense is not eligible for diversion programs like Prop 36 or drug courts. It is also important to note that the specific substance involved, such as cocaine, heroin, or fentanyl, can lead to enhanced penalties due to the nature of the drug.

Drug Trafficking and Transportation

Under Health and Safety Code § 11352, drug trafficking involves the sale, transportation, or importation of controlled substances. This charge often applies to large-scale operations involving multiple parties and substantial quantities of drugs, making it one of the most aggressively prosecuted drug crimes.

Penalties for drug trafficking include three to nine years in state prison, depending on the amount of drugs involved and whether the transportation crossed state or international borders. Federal charges may also apply under the Federal Controlled Substances Act, which can result in even harsher consequences, including longer prison sentences and significant fines.

Marijuana-Related Offenses

Although recreational marijuana use is legal in California, violations of marijuana laws are still common. Health and Safety Code § 11357 governs the possession of marijuana. Possessing more than 28.5 grams of marijuana or 8 grams of concentrated cannabis is illegal and may lead to misdemeanor charges, punishable by fines and jail time. Additionally, selling or transporting marijuana without a valid license falls under Health and Safety Code § 11360, which can result in felony charges. For example, unlicensed marijuana sales can carry penalties of up to four years in state prison, even if the amount of marijuana involved is relatively small.

Driving Under the Influence of Drugs (DUID)

Driving while impaired by drugs, whether prescription medications, marijuana, or illegal substances, is prosecuted under Vehicle Code § 23152(f). Unlike alcohol-related DUIs, no specific threshold level for impairment is required—prosecutors only need to show that the driver’s ability to operate a vehicle was impaired. A first DUID offense can lead to penalties including up to six months in jail, fines between $390 and $1,000, and a six-month license suspension. Repeat offenses or cases involving accidents can result in significantly harsher consequences, including mandatory installation of an ignition interlock device and longer jail terms.

Identity Theft Through Prescription Drugs

Prescription drug misuse is a growing issue, and offenses involving forged or fraudulent prescriptions are prosecuted under Health and Safety Code § 11368. Examples include altering a prescription, “doctor shopping” to obtain multiple prescriptions, or using someone else’s medical information to obtain drugs like opioids or benzodiazepines. Penalties for this offense can include up to three years in county jail, depending on the circumstances, and potential federal charges if the offense crosses state lines or involves Medicare fraud.

What Determines If a Drug Charge Is a Misdemeanor or Felony?

Whether a drug charge is classified as a misdemeanor or a felony depends on several factors outlined under the California Health and Safety Code. The primary factor is the quantity of drugs in possession, but additional evidence, such as paraphernalia or the presence of large sums of cash, can also influence the severity of the charge.

For example, simple possession of a small amount of drugs for personal use—such as cocaine, methamphetamine, or prescription medications without a valid prescription—is generally charged as a misdemeanor under California law. However, this changes when additional evidence, such as digital scales, baggies, or a significant amount of cash, suggests that the individual intended to sell or distribute the drugs. In such cases, prosecutors may elevate the charge to possession with intent to sell, a felony under Health and Safety Code § 11351.

The type of drug involved also plays a role. Certain substances, like heroin and fentanyl, are treated more harshly than others due to their potency and the risks they pose to public safety. Additionally, a person’s criminal history can impact how charges are filed. Individuals with prior felony convictions or offenses involving violence may face felony charges for drug-related crimes that would otherwise be misdemeanors.

Alternative Programs for Drug Offenders in California

California offers several alternative programs aimed at helping drug offenders avoid traditional criminal penalties and instead focus on rehabilitation. These programs are often available to nonviolent offenders, first-time offenders, and individuals charged with minor drug-related crimes. By participating in these alternatives, offenders may be able to reduce or dismiss their charges, avoid incarceration, and address underlying issues like addiction.

Some of the most common alternative programs include:

• Drug Diversion Programs (Penal Code § 1000)
  Penal Code § 1000 allows first-time drug offenders charged with simple possession to participate in drug education and counseling instead of facing criminal penalties. Successful completion of the program typically results in the charges being dismissed.
• California Proposition 36
  Under Proposition 36, nonviolent drug offenders are given the option of completing a treatment program in lieu of serving jail time. This option applies to both felony and misdemeanor drug possession charges but does not apply to offenses involving sales or trafficking.
• Drug Court Programs
  Drug courts are specialized court systems designed to rehabilitate individuals with substance abuse issues rather than punish them. Participants must attend regular court hearings, undergo random drug testing, and complete treatment plans. Successful completion may result in reduced charges or a clean record.
• Deferred Entry of Judgment (DEJ)
  DEJ programs allow eligible defendants to enter a guilty plea that is deferred while they complete a drug treatment program. Upon successful completion, the guilty plea is dismissed, leaving the individual without a criminal conviction.
• Substance Abuse Treatment Programs (SATP)
  For offenders struggling with addiction, California offers substance abuse treatment programs as part of probation or parole. These programs focus on long-term recovery and reintegration into society.

Benefits of Alternative Programs

These programs not only help offenders avoid incarceration but also address the root causes of drug-related crimes, such as addiction or mental health issues. By completing these programs, offenders often have the opportunity to rebuild their lives without the burden of a criminal conviction.

How Are Controlled Substances Defined in California?

In California, controlled substances are drugs or chemicals regulated under state and federal law due to their potential for abuse, addiction, or harm. These substances are categorized into five schedules under the California Uniform Controlled Substances Act (Health & Safety Code § 11000 et seq.), based on their medical use and potential for abuse.

A controlled substance can include illegal drugs such as methamphetamine or cocaine, as well as prescription medications like Oxycodone or Xanax, if possessed or used without a valid prescription.

Categories of Controlled Substances in California

1. Schedule I: Drugs with no currently accepted medical use and a high potential for abuse.
   • Examples: Heroin, LSD, MDMA (Ecstasy), and psilocybin (magic mushrooms).
2. Schedule II: Drugs with a high potential for abuse but some accepted medical use with severe restrictions.
   • Examples: Methamphetamine, cocaine, fentanyl, and Oxycodone.
3. Schedule III: Drugs with a moderate potential for abuse and accepted medical uses.
   • Examples: Ketamine, anabolic steroids, and codeine-based medications.
4. Schedule IV: Drugs with a lower potential for abuse compared to Schedule III substances.
   • Examples: Xanax (alprazolam), Valium (diazepam), and Ambien (zolpidem).
5. Schedule V: Drugs with the least potential for abuse, often used for medical purposes.
   • Examples: Cough preparations with less than 200 milligrams of codeine per 100 milliliters, such as Robitussin AC.

Prescription Medications as Controlled Substances

Even prescription medications can be classified as controlled substances if they are abused or possessed without proper authorization. For example:

• Possession Without a Prescription: Having prescription drugs such as Oxycodone or Xanax without a valid prescription is considered unlawful possession under California law.
• Forgery or Fraud: Attempting to obtain prescription drugs through fraudulent means, such as forging a prescription, is also illegal and can result in serious criminal charges.

What Are the Laws Regarding Marijuana Use in California?

While recreational use of marijuana is legal in California for adults aged 21 and older under Proposition 64 (the Adult Use of Marijuana Act), strict regulations govern its use, possession, and distribution. These laws aim to ensure responsible usage and prevent misuse, similar to the regulations surrounding alcohol.

Adults can legally possess up to 28.5 grams of cannabis (about one ounce) or 8 grams of concentrated cannabis for personal use. However, certain actions remain illegal, including:

• Smoking in Public: It is unlawful to smoke or ingest marijuana in public spaces or areas where tobacco use is prohibited. This includes parks, sidewalks, and restaurants.
• Driving Under the Influence: Operating a vehicle while under the influence of marijuana is treated similarly to driving drunk and carries severe penalties under Vehicle Code Section 23152(f).
• Possession on School Grounds: Marijuana possession on the grounds of a K-12 school, daycare, or youth center is prohibited when children are present.
• Transport and Distribution: Selling or distributing marijuana without proper licensing is illegal and may lead to felony charges.

Additionally, while recreational marijuana use is legal at the state level, it remains illegal under federal law, which can create complications in certain situations, such as federal employment or housing.

Even with the legalization of marijuana, individuals can face legal consequences for violating these regulations. Understanding these laws and adhering to them is essential to avoid fines, criminal charges, or other penalties.

Contact a Los Angeles Drug Crime Defense Lawyer Today

Facing drug crime charges in California can be overwhelming and life-altering. With over 20 years of experience, Los Angeles criminal defense attorney Arash Hashemi is committed to protecting your rights and fighting for the best possible outcome. Whether your case involves simple possession or serious charges like drug trafficking, Attorney Hashemi has the expertise to navigate California’s complex drug laws and build a defense tailored to your unique situation.

Take the first step toward safeguarding your future by reaching out to our office. We will carefully evaluate the details of your case, explain your legal options, and guide you through the defense process. Don’t let a drug-related charge define your life—contact us today to start building a strong defense.

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