Controlled Substances
California law creates conditions around possession of a number of drugs. Thus, these are known as “controlled substances.” Some drugs are made legal for limited purposes. Others are more restricted. As a result, there are a variety of California drug laws addressing misuse of controlled substances.
Common Drug Laws in California
While an exhaustive list isn't possible at this juncture, some common drug laws in California include:
Possession of a Controlled Substance
The most basic drug related offense in California is Possession of a Controlled Substance (Health and Safety Code [HSC] § [Section] 11350(a)). Health and Safety Code §11350 makes it illegal to unlawfully possess any of a wide array of controlled substances. The list of controlled substances includes both illegal drugs and prescription drugs, if you possess them without a valid prescription.
If convicted of the offense, you face up to one (1) year in a county jail[1] and a fine of up to $20,000 (twenty-thousand dollars),[2] with aggravating facts. If you have a prior sex crime conviction on your record, or a conviction for committing a “serious” crime as defined in the Penal Code, you face a minimum of three (3) years in state prison.[3]
Possession for Sale of a Controlled Substance
Health and Safety Code §11351 (Possession for Sale of a Controlled Substance) makes it illegal to possess for sale any of a variety of illegal drugs referred to in the statute, including Schedule I and II narcotics. HSC §11351 also makes it illegal to purchase for sale any of the drugs recited in the statute. Conviction can result in a sentence of up to four (4) years in a state prison[4] and a fine of up to $20,000 (twenty-thousand dollars) (without aggravating factors which can increase fines by hundreds of times).[5]
You can find more information in the Possession for Sale of Controlled Substance section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer – and that's always guaranteed.
Sale, Transportation for Sale, etc., of Controlled Substance
Health and Safety Code §11352(a) (Sale, Transportation for Sale, etc., of Controlled Substance) is violated when anyone transports, imports, sells, furnishes, administers, gives away, or offers to do any of these with a controlled substance listed in the statute. If convicted, you could face as many as five (5) years in a state prison[6] and a fine of up to $20,000 (twenty-thousand dollars) (without aggravating factors which can increase fines by hundreds of times).[7] Acts punishable under this Section can also count as a “strike” under the “Three Strikes” system.[8] If you accrue three “strikes,” you'll serve at least twenty-five years in a state prison.[9]
You can find more information in the Sales and Transportation of Controlled Substance section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer – and we always guarantee it.
Possession of Paraphernalia
Health and Safety Code §11364 (Possession of Paraphernalia) makes it illegal to possess nearly anything suspected in facilitating the ingestion of a controlled substance. The range of items prohibited includes cooking spoons and plumbing materials. However, whether an item is prohibited almost always depends on how and where the drugs are being used. If you're found guilty of violating HSC §11364, you face up to six (6) months in a county jail, a $1,000 (one-thousand dollar) fine, or both imprisonment and a fine.[10]
You can find more information in the California Possession of Paraphernalia Lawyers section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will always go directly to a lawyer – and we guarantee that.
Possession of Cocaine
Possession of Cocaine (HSC §11350(a)) is a crime under California law, since cocaine is a Schedule II drug. The Section also makes it illegal to be under the influence of cocaine. Possession for sale and/or trafficking cocaine is, furthermore, made illegal. Possession of cocaine is punishable by up to one (1) year in a county jail[11] and a fine of up to $20,000 (twenty-thousand dollars) (with aggravating facts).[12] If you have a prior sex crime conviction on your record, or a conviction for committing a “serious” crime as defined in the Penal Code, you face a minimum of three (3) years in state prison.[13]
You can find more information in the California Cocaine Possession Defense Lawyers section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your always goes directly to a lawyer – and that's guaranteed.
Possession of Ecstasy
Possession of Ecstasy (HSC §11350(a)) is also illegal in California. Commonly referred to as "Ecstasy," “Molly,” or “X,” 3,4-Methylenedioxymethamphetamine is a Schedule I drug. Possession is, therefore, always illegal; there is no accepted medical use for ecstasy. Felony ecstasy possession conviction is punishable by up to three (3) years in state prison[14] and a fine of up to $20,000 (twenty-thousand dollars) (without aggravating factors which can increase fines by hundreds of times).[15]
You can find more information in the California Cocaine Possession Defense Lawyers section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your always goes directly to a lawyer – and that's guaranteed.
Possession of Heroin
California's "personal possession of a controlled substance" law classifies Possession of Heroin (HSC §11350(a)) as a felony. Heroin is a Schedule I drug. A mere possession conviction can result in up to three (3) years in a state prison[16] and a maximum fine of $20,000 (twenty-thousand dollars) (without additional aggravating factors, which can increase fines by hundreds of times).[17]
You can find more information in the California Heroin Possession Attorneys section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your will go directly to a lawyer – and that's always guaranteed.
Possession of Marijuana
California's Possession of Marijuana (HSC §§11357(a) – (d)) law makes it illegal to possess cannabis or concentrated cannabis [hashish] under certain conditions. If you're under eighteen and violate the statute more than once by possessing no more than twenty-eight-and-a-half (28.5) grams of cannabis, or eight (8) grams of hashish, you can receive six (6) hours of counseling and up to twenty (20) hours of community service. You can also be fined $100 (one-hundred dollars) if you're between eighteen and twenty-one. Possessing more than the amount stated above can be punished by six (6) months in county jail, a fine of $500 (five-hundred dollars), or by both a fine and imprisonment, if you're over eighteen.[18] There are additional restrictions.
You can find more information in the Possession of Marijuana section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your will go directly to a lawyer – and that's a guarantee.
Possession of Methamphetamine
Possession of Methamphetamine (HSC §11377) is illegal in California, although Section 11377 does not punish possession for sale purposes. Conviction can result in a term of up to one (1) year in county jail and a fine of up to $1,000 (one-thousand dollars).[19] If you have a prior sex crime conviction or a conviction for committing a “serious” crime as defined in the Penal Code, however, you face a minimum of three (3) years in state prison and a fine of up to $10,000 (ten-thousand dollars). Furthermore, HSC §11377(a) is punishable as part of California's “Three Strikes” regime. A conviction under HSC §11377(a) will result in a minimum of twenty-five (25) years in a state prison if you have two previous “strikes.”[20]
You can find more information in the Possession of Methamphetamine section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your will go directly to a lawyer – and that is our guarantee.
Possession of Vicodin (Hydrocodone)
Illegal Possession of Vicodin (HSC §11350) (chemical name, Hydrocodone) occurs if Vicodin is possessed without a prescription. As hydrocodone is a Schedule II drug, possession is a misdemeanor that can be punished with one (1) year in a county jail[21] and a fine of as much as $20,000 (twenty-thousand dollars) (without additional aggravating factors, which can increase fines by hundreds of times).[22] However, if you have a prior sex crime conviction or a conviction for committing a “serious” crime as defined in the Penal Code, you face up to three (3) years in a state prison for a conviction.[23]
Marijuana Cultivation
Health and Safety Code §11358 criminalizes some forms of marijuana cultivation in California. According to California Health and Safety Code 11358, every person who plants, cultivates, harvests, dries, or processes any part of marijuana, except as otherwise provided by law, shall be punished. You may be charged with violating the Code Section whether cultivating one plant or hundreds. As a form of felony, conviction may result in up to three (3) years in state prison[24] and as much as $10,000 (ten-thousand dollars) in fines.[25]
You can find more information in the California Marijuana Cultivation Defense Lawyers section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your will go directly to a lawyer – and that's our guarantee.
Marijuana Sale
Health and Safety Code §11360 makes it illegal to transport, import, sell, furnish, administer, give away, or offer to transport, import, sell, furnish, administer, or give away, or attempt to import marijuana into California unless otherwise permitted by law. A conviction may result in up to three (3) years in a state prison[26] and a maximum fine of up to $20,000 (twenty-thousand dollars) (without aggravating factors which can increase fines by hundreds of times).[27]
Manufacturing a Controlled Substance
Health and Safety Code §11379.6 (Manufacturing a Controlled Substance) makes it illegal for anyone to manufacture any controlled substance listed in the drug Schedules unless otherwise permitted by law. The Section applies to drugs ranging from cocaine and methamphetamine to LSD and opiates. If you are convicted of Manufacturing a Controlled Substance, you face up to seven (7) years in a state prison and a fine of up to $50,000 (fifty-thousand dollars).[28]
Under the Influence
Health and Safety Code §11550 (Under the Influence) makes it illegal for you to use a drug and be under the influence in any detectable manner. The prosecution doesn't need to show that you were impaired. However, your use of the drug must've occurred immediately prior to arrest. If you're convicted under HSC §11550, you face up to one (1) year in a county jail[29] and/or a fine of up to $1,000 (one-thousand dollars).[30]
You can find more information in the California Controlled Substance Lawyer section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your will go directly to a lawyer – and that's always a guarantee.
Driving Under the Influence of Drugs
The California Vehicle Code [CVC] (CVC §§ [Sections] 23152(a), (f)) makes it illegal to operate a motor vehicle while under the influence of alcohol and/or drugs. Under California state law, it is specifically made illegal to drive under the influence of drugs. A drug-related DUI conviction can result in one (1) year in a county jail and a fine of up to $1,000 (one-thousand dollars).[31]
You can find more information in the California Driving Under the Influence of Drugs Attorneys section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. We guarantee your will go directly to a lawyer.
Driving While Addicted to Drugs
Vehicle Code Section §23152(c) makes it illegal drive while addicted to drugs. It is prosecuted as a form of DUI violation and approached as a misdemeanor in the first three instances of violation. Conviction may result in one (1) year in a county jail and a fine of up to $1,000 (one-thousand dollars).[32]
Aiding and Abetting the Unlawful Use of a Controlled Substance
California HSC §11365 makes it illegal simply to be present any place where a Schedule-controlled substance is being used if you aid or abet[33] the use of the substance. A conviction is punishable by up to six (6) months in county jail and a fine of up to $1,000 (one-thousand dollars).[34]
Selling, Furnishing or Transporting Fake Drugs
California HSC §11355 makes it a crime to arrange or offer to sell, or furnish, or transport a controlled substance and subsequently provide a fake or imitation version of the substance. Conviction can result in up to three (3) years in a state prison[35] and a maximum fine of up to $20,000 (twenty-thousand dollars) (without aggravating factors which can increase fines by hundreds of times).[36]
Forging a Prescription
California HSC §11368 makes it a crime to forge or alter a prescription for any narcotic drug. The Health Code Section also makes it illegal to use a prescription with a forged signature or to obtain or try to obtain narcotic drugs with a forged signature. Finally, the statute makes it illegal to possess narcotic drugs obtained with a forged prescription. If punished as a felony, conviction may result in as many as three (3) years in state prison[37] and as much as $10,000 (ten-thousand dollars) in fines.[38]
Common Defenses to a Charge of Drug Law Violation in California
Three common defenses against a charge of drug law violation in California are:
You Had A Valid Prescription For The Drug
Example: Defendant Dominic leaves an appointment at his dentist's office with a prescription for a painkiller that is listed on California's drug schedules. He's pulled over. Officer, seeing the painkiller on the seat beside him, accuses Dominic of violating HSC §11350. Dominic has been arrested. He insists he had a valid prescription. Officer says Dominic only saw a dentist, so he can't have one. Who is correct?
Conclusion: Dominic had a controlled substance within his wingspan (i.e., his reach) while in his car. This means he was in possession of the painkiller. These are elements of the offense. However, while Officer believes otherwise, HSC §11350 creates an exception for possessing drugs prescribed by dentists. Thus, Dominic is correct. He had a valid prescription for the drug.
You Didn't Possess The Drug
Example: Defendant Dominica is driving her car. Friend has left a small amount of methamphetamine in the trunk of Dominica's vehicle. She's pulled over and Officer discovers the drugs. Dominica is charged under HSC §11377. Dominica didn't know the drugs were in the trunk. She insists that she didn't possess them at any point. Thus, she says, she can't be convicted. Is Dominica right or should she be convicted?
Conclusion: Dominica was near a controlled substance. These may be elements of the crime. But her possession must be constructive, not actual. The constructive form doesn't require holding a drug; it requires only being close enough to exercise control over it. Yet the drug in Dominica's vehicle was in her trunk (and not by her efforts), far from her control. Dominica is right. She didn't possess the drug.
You Were The Victim Of Police Misconduct
Example: Defendant David is a community activist who has a history of confronting police brutality and excess. He has made several enemies along the way. Thus, he isn't surprised when he's pulled over and Hostile Officer “finds” a small amount of cocaine in David's car (even though David does not use drugs). He swears the charge he's facing under §11350 “is a sham.” Is he correct, or should David be convicted?
Conclusion: David, as the facts make clear, did nothing wrong. Hostile Officer planted the evidence to warrant arresting David because of David's history of challenging police misconduct. David can even prove that he doesn't use cocaine by passing a drug test (important because Hostile Officer found a “small” amount, consistent with personal use). David is correct. He was the victim of police misconduct.
Probation
An alternative to jail or prison time is Probation. Probation must be ordered by a court and is typically administered at the county level. It is ordinarily available to first-time offenders who've committed non-violent offenses. If you receive probation, you'll be permitted to serve at least part of your sentence outside custody. Probation can be informal or formal (requiring check-ins with a Probation Officer), depending on the crime committed.
Probation only allows a person to avoid incarceration if he or she promises to follow the conditions of his or her probation. These conditions often include requirements of good behavior, avoiding drugs, and not committing other crimes. If you violate your probation, the Court will decide whether you continue with probation or go to jail.
Drug Diversion: Penal Code §1000 and Proposition 36
If you've been arrested for simple drug possession or being under the influence of drugs, jail or prison may be avoided by undergoing treatment through drug diversion. For individuals charged with felony or misdemeanor drug charges, a defense attorney can have your charge dismissed through Penal Code Section 1000 or Proposition 36.
- Penal Code §1000
Penal Code §1000 creates deferred entry of judgment (or "DEJ") cases in which a defendant pleads guilty to a drug charge and the judge delays sentencing or judgment of a finding of guilt for eighteen (18) months. For as many as six (6) months the defendant must undergo substance abuse counseling and random drug testing. Thereafter, the defendant is placed on twelve (12) months of unsupervised probation. If the defendant successfully completes the initial counseling and testing, and manages not to incur any new criminal charges during the remaining twelve (12) months of probation, the drug case will be dismissed. It will not appear on that person's criminal record as a conviction.
The Penal Code §1000 drug diversion program is generally available to drug offenders charged with simple possession or being under the influence. You must not have not had a previous drug conviction or have successfully completed the program more than five years prior to your current arrest. If you aren't eligible for the program because you're charged with a more serious drug charge such as Possession for Sales or Transportation of Narcotics, a skilled drug crime defense attorney may be able to have your charge reduced to a less serious possession-related charge that could make you eligible.
- Proposition 36
Proposition 36 created six levels of probationary drug treatment for eligible persons. The first level usually entails out-patient counseling and random drug testing. Treatment then ranges in intensity up to the sixth level, which generally entails in-patient residential drug treatment. The level of treatment that a particular individual must undergo will often fluctuate over the course of the program. If a particular individual is compliant at a particular level, he or she will be reassigned to a lower level of treatment. If the individual is not compliant, violates probation, or in some way demonstrates that she or he is not succeeding in the program, however, a more stringent level of treatment may be assigned.
Most people charged with simple drug possession in California are eligible to take part in the Proposition 36 program. Those who are not eligible are charged with sales-related drug charges or non-drug related charges or individuals who have suffered convictions in the prior five years that fall under California's “Three Strikes” law provisions. As with Penal Code §1000, if you are not eligible for Proposition 36 probation because you are charged with a more serious drug charge, such as Possession for Sales or Transportation of Narcotics, a skilled drug crime defense attorney may be able to have your charge reduced to a less serious possession related charge that may make you eligible for the program.
What Can I Do If I'm Charged With A Drug Law Violation?
The State of California regards drug law violations as serious offenses. If you're charged with a drug law violation, it's essential that you retain a skilled, dedicated criminal defense attorney as soon as possible. Your rights, freedom, and livelihood are at stake.
Remember, a professional criminal defense attorney may be able to:
- Negotiate a lesser charge in a plea bargain;
- Reduce your sentence;
- Or even get charges dismissed completely.
The attorneys at the Kann California Law Group have an excellent understanding of the local courts and an extensive knowledge of California's criminal justice system. We can represent you in Ventura, Santa Clarita, Los Angeles, Encino, Pasadena and many other Southern California cities.
If you or someone you know has been arrested for, or charged with, a drug law violation, our attorneys will analyze the facts of your case and plan a strategy that will help you obtain the best possible outcome.
Contact the Kann California Law Group today to schedule your free and confidential consultation.
[1] See Health & Safety Code [HSC] §11350 (a).
[2] See HSC §11372.
[3] See Endnote 1.
[4] See HSC §11351
[5] See Endnote 2.
[6] See HSC §11352 (a).
[7] See Endnote 2.
[8] See California Penal Code [CPC] §1192.7 (c) (24).
[9] See CPC §667 (e) (2) (A) (ii).
[10] See CPC §19.
[11] See Endnote 1.
[12] See Endnote 2.
[13] See Endnote 1.
[14] See HSC §11377 (a).
[15] See Endnote 2.
[16] See Endnote 1.
[17] See Endnote 2.
[18] See HSC §11357.
[19] See Endnote 10.
[20] See Endnote 9.
[21] See Endnote 1.
[22] See Endnote 2.
[23] See Endnote 1.
[24] See HSC §§11358 (d) (1) – (3).
[26] See CPC §11360 (a) (3) (A).
[27] See Endnote 2.
[28] See HSC §11379.6 (a).
[29] See HSC §11550 (a).
[30] See Endnote 10.
[31] See California Vehicle Code [CVC] §23546 (a).
[32] See above.
[33] See “Aid and Abet Law and Legal Definition” at UsLegal.com.
[34] See Endnote 10.
[35] See HSC §11355.
[36] See Endnote 2.
[37] See CPC §18 (a).
[38] See Endnote 25.