Types of Drug Crimes

Drug crimes

There are several types of drug crimes under California law.

Drug crimes are serious offenses in California. A possible jail sentence and a criminal record may only be the beginning of your troubles. A drug crime conviction can have a negative impact on your employment, finances and personal life. Therefore, it is important to have an experienced attorney who will fight for you.

At Wallin and Klarich, our attorneys have over 30 years of experience in successfully defending those charged with drug crimes. With offices all throughout Southern California, our attorneys are familiar with the judges and procedures in each court. Call us today to receive expert legal advice about your case. Be sure to read on to learn more about drug laws so that you can be fully informed about your charges.

With the recent passing of Proposition 47 in California, simple drug possession can now only be charged as an infraction, or misdemeanor depending on the type and amount of drugs that you possess. When possession is tied with the sale or cultivation of drugs or other criminal intentions (possession with intent to distribute), the penalties are much harsher and are categorized as felony drug crimes.

You can be arrested for the following drug-related crimes:

Nonviolent drug offenders may be eligible for drug diversion programs as an alternative to jail time in the state of California under Penal Code 1000.

Possession of a Controlled Substance – HS 11350

Possession of C S

Controlled substance possession

Possession of controlled substances is regulated under California Health and Safety Code Section 113501, which makes it illegal to possess a controlled substance without a valid prescription. The list of controlled substances pursuant to HS 11350 includes, but is not limited to, opiates, heroin, cocaine, and prescription drugs.

To be convicted of a possession of a controlled substance charge under Health and Safety Code Section 11350, the prosecution must prove that:

  • You unlawfully possessed a controlled substance;
  • You knew of its presence;
  • You knew of the substance’s nature or character as a controlled substance; and
  • There was a useable amount of the controlled substance.

Under California Health and Safety Code Section 11350, possession of a controlled substance is a misdemeanor drug crime punishable by up to one year in county jail.

You can learn more about California’s controlled substance laws here. (http://www.wklaw.com/possession-controlled-substance-overview.html).

Possession of Cocaine and Heroin with Intent to Sell – HS 11351

Under California Health and Safety Code Section 11351, it is a felony to possess certain controlled substances such as cocaine and heroin with intent to sell them.

To be convicted of possession of cocaine or heroin with intent to sell under California Health and Safety Code Section 113512, the prosecution must prove that:

  • You unlawfully possessed cocaine or heroin;
  • You knew that you were in possession of cocaine or heroin;
  • You knew of its nature as a controlled substance;
  • You possessed enough of it to sell for use as a controlled substance; and
  • You possessed cocaine or heroin with the specific intent to sell it.

There is a significant difference between simple possession of cocaine or heroin and possession of cocaine or heroin with intent to sell. If you are prosecuted and convicted of this offense, you are not legally eligible for any drug diversion program. However, an experienced criminal defense attorney may be able to convince the prosecution and the court to reduce the charge to simple possession. If that effort is successful, then you could be eligible for drug diversion. Successful completion of a drug diversion program can lead to a dismissal of all charges and no criminal record.

However, if you are found guilty of possession of cocaine or heroin with intent to sell under California Health and Safety Code Section 11351, you face up to four years in county jail and a $20,000 fine. You face up to five years in county jail and a $20,000 fine if you were convicted of possession of cocaine base (crack cocaine) with intent to sell under California Health and Safety Code Section 11351.5.

You can learn more about California’s cocaine and heroin drug crime laws here. (http://www.wklaw.com/possession-of-cocaine-heroin-intent-to-sell).

Transportation for Sale of a Controlled Substance – HS 11352

transportation for sale of a controlled substance

Transportation of a controlled substance can enhance your charge and sentence.

Transportation for sale of a controlled substance is regulated under California Health and Safety Code Section 113523, which makes it illegal to sell, furnish, administer, give away or transport a controlled substance in the state of California.

To be convicted of a transportation of a controlled substance charge under Health and Safety Code Section 11352, the prosecution must prove that:

  • You sold, furnished, administered, gave away, transported or imported a controlled substance into California;
  • You knew of its presence;
  • You knew of the substance’s nature or character as a controlled substance; and
  • The controlled substance was in a usable amount.

 

Under Health and Safety Code Section 11352, the transportation for sale of a controlled substance is a felony punishable by three, four, or five years in state prison and a maximum fine of $20,000. The punishment can increase dramatically if:

  • You transported the controlled substance across two county lines;
  • You knowingly operated a business engaged in dispensing or furnishing a controlled substance; or
  • The controlled substance was heroin.

 

You can learn more about California’s drug crimes regarding transportation for sale laws here. (http://www.wklaw.com/transfer-sale-controlled-substance-overview.html)

Possession of Marijuana – HS 11357

Possession of marijuana is a drug crime regulated under California Health and Safety Code Section 113574. Under Health and Safety Code Section 11357, possession of 28.5 grams or less of marijuana is an infraction that is punishable by a fine of up to $100. However, possession of more than 28.5 grams of marijuana can result in a misdemeanor conviction punishable by up to six months in county jail and a $500 fine.

If the prosecution can prove that there was also intent to sell the marijuana, this can result in a felony conviction punishable by up to three years in county jail under Health and Safety Code Section 11359.

You can learn more about California’s marijuana laws here. (http://www.wklaw.com/possession-of-marijuana-overview.html)

Possession of Drug Paraphernalia – HS 11364

PS of Drug Paranerphelia

Drug Paraphernalia possession

Under California Health and Safety Code Section 113645, it is illegal to possess any device, instrument or paraphernalia used for unlawfully injecting or smoking a controlled substance.

The term “paraphernalia” refers to any object or device used to inhale, smoke, ingest, inject, or consume a controlled substance. Items such as pipes or spoons can be considered paraphernalia if they are used for illegal drug use.

To be convicted of possession of drug paraphernalia under California Health and Safety Code Section 11364, the prosecution must prove that:

  • You were in unlawful possession of an object used for unlawfully injecting or smoking a controlled substance;
  • You knew of the object’s presence; and
  • You knew the object was to be used for unlawfully injecting or smoking a controlled substance.

 

Possession of drug paraphernalia under California Health and Safety Code Section 11364 is a misdemeanor punishable by up to one year in county jail and a $1,000 fine.

You can learn more about California’s drug paraphernalia laws here. (http://www.wklaw.com/possession-drug-paraphernalia-overview.html)

Possession of Methamphetamine – HS 11377(a)

Possession of methamphetamine is regulated under California Health and Safety Code Section 11377(a)6. To be convicted of a possession of methamphetamine charge under Health and Safety Code Section 11377(a), the prosecution must prove:

  • You unlawfully possessed a controlled substance;
  • You knew of its presence;
  • You knew of the substance’s nature or character as a controlled substance; and
  • The controlled substance was methamphetamine and the controlled substance was in a usable amount.

 

Under California Health and Safety Code Section 11377, the possession of methamphetamine is a misdemeanor drug crime. A misdemeanor possession of meth conviction can result in up to a year in county jail and a $1,000 fine.

You can learn more about California’s meth laws here. (http://www.wklaw.com/possession-methamphetamines-overview.html)

Drug Diversion Programs – PC 1000

Under California Penal Code Section 10007, nonviolent, first-time drug offenders charged with simple possession may be eligible for drug diversion programs as an alternative to jail time.

Under a Deferred Entry of Judgment, a defendant pleads guilty to a simple drug possession charge. However, drug crimes sentencing will be delayed pending the defendant’s completion of an 18- month drug treatment program. If the treatment program is successfully completed, the charge is dismissed. If the defendant fails to complete the program, the defendant will be sentenced on the drug possession charge and face a lengthy jail sentence.

You can learn more about California’s drug diversion programs here: (http://www.wklaw.com/deferred-entry-of-judgement-pc1000.html)

Call Wallin & Klarich Today

Drug Crimes Attorneys

Wallin and Klarich Drug Crimes Attorneys

If you or a loved one is facing prosecution of a drug crime, it is critical that you speak to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling drug charges in Southern California. Our attorneys will fight to get you the best possible outcome in your case.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich Southern California criminal defense attorney near you no matter where you are located.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.


All of the information provided on this page was retrieved from the following sources:

1. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12000&file=11350-11356.5
2. http://law.onecle.com/california/health/11351.html
3. http://law.onecle.com/california/health/11352.html
4. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12000&file=11357-11362.9
5. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12000&file=11364-11376.5
6. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12000&file=11377-11382.5
7. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=1000-1000.6

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