Do You Have Drug Charges? Your Options in California.

Updated: Jun 5, 2021

Find a Criminal Defense Lawyer for Drug Charges in California

Suppose you are convicted for a drug-related crime such as drug possession, drug transportation, drug production, or drug delivery. In that case, it is important that you employ a California drug charges attorney. A conviction on these charges may result in a lengthy prison sentence or other consequences, such as difficulty finding safe and decent housing, loss of government benefits, or job loss.

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In these kinds of cases, the state's case against you would need to be fully investigated. To find what law enforcement thinks they have on you, an investigation is usually required. Furthermore, a drug-related allegation also raises constitutional concerns, such as your right to be free from arbitrary searches and seizures or your right against self-incrimination.

Before giving a statement to the police, contact your drug charges attorney if you have recently been charged with a drug offense. Any claims you make about the circumstances of your arrest could be used against you in court.

What are the Drug Laws in California?

Drug possession, drug possession for sale, drug production, and drug trafficking is the most serious drug crimes in California. Possession of a controlled drug such as cocaine, crack cocaine, heroin, ecstasy, meth, prescription painkillers without an approved prescription, and others are illegal under section 11350 of the Health and Safety Code.

Furthermore, if you are found guilty of possessing illicit drugs with the intent of trafficking them, you are going to be charged with a crime under Section 11351 of the Health and Safety Code. If you've been charged with this drug crime, you should know that the prosecution doesn't have to prove that you and another person exchanged drugs.

If the state can prove that you had the intent to sell an illicit substance by trying to add as evidence the drug's package contents, measuring scales, drug amount, or informant statements, you may be prosecuted.

Furthermore, drug arrests and undercover activities are often carried out in order to prosecute people for violating California's Health and Safety Code 111352. It is unlawful in California to sell, transport, or furnish an illegal substance under this statute. Manufacturing drugs and narcotics is the most serious of all drug crimes in this state. A conviction of this offense, which is codified at 11379 of the Health and Safety Code, will result in a seven-year prison term.

Will you have a federal drug violation on your hands?

Federal drug offenses are exceedingly difficult to prosecute, and the case would not be any easier. Drug prosecutors in federal court are notorious for being especially harsh on drug offenders, and federal court, in general, is a whole different ballgame. You will need the assistance of a professional and seasoned federal drug charges attorney who will fight for you every step of the way.

Title 21 of the United States Code contains the bulk of drug legislation. Each prescription is classified into one of five "schedules" under federal law. When the DEA decides which Schedule a substance should be classified under, it takes into account a number of factors. The First Phase Act was recently passed by Congress, resulting in a dramatic shift in drug-related crime sentencing.

The found drug's potential for abuse, scientific evidence of the drug's pharmacological effects, the state of current scientific research regarding the substance, the drug's history and current pattern of abuse, the scope, duration, and significance of abuse, any risk to public health, and the drug's psychic opacity are among the factors considered by the DEA.

California Law

Growing, selling, distributing, transporting, possessing, or trafficking marijuana is illegal under federal law. The majority of marijuana cultivation cases in federal court are charged with criminal federal drug offenses. Possession of marijuana seeds, planting seeds, drying and processing marijuana plants are all considered cultivating offenses. If at least two plants are found, police will usually charge an individual with cultivation and possession with intent to sell.