Many states, including California, have taken steps to revisit and rethink drug-related criminal offenses in recent years. For decades, the state prosecuted drug crimes aggressively, imposing strict penalties on those convicted of drug-related offenses. Even those found guilty of possessing small amounts of a controlled substance found themselves facing lengthy jail sentences, costly fines, probation, and other limitations on their freedom and future. However, shifting attitudes toward certain drugs, such as marijuana, prompted several legislative changes around the country. In California, the passage of Proposition 64 made it legal for adults to use marijuana recreationally, according to certain rules and regulations. For instance, a person 21 or older can purchase and possess up to one ounce of cannabis from a retail outlet that is licensed by the California Bureau of Cannabis Control. However, selling cannabis without a license is illegal, and marijuana remains classified as a Schedule I drug according to the federal Controlled Substances Act. Laws governing other controlled substances, such as cocaine or heroin, still impose severe penalties for those convicted of possessing, selling, or trafficking such substances. If you are facing drug charges in Los Angeles County, contact a skilled and trusted criminal defense attorney immediately to discuss your case. State and federal drug laws can be confusing and difficult to navigate, so it’s best to rely on a knowledgeable drug defense lawyer to protect your best interests at every turn. This post will provide a general overview of California drug laws and what steps you can take if law enforcement arrests you for a drug-related offense.
Navigating Different Types of Drug Charges in California
Drug offenses vary widely in their scope and severity. Essentially, offenses involving larger quantities of controlled substances that are more prone to abuse (such as heroin and fentanyl) carry harsher criminal penalties than those involving smaller amounts of less addictive substances. The nature of a drug charge also depends on the action or intent involved in the alleged offense. Prosecutors may accuse you of possessing, trafficking, manufacturing, or possessing a controlled substance with the intent to distribute it. Each of these activities carries its own sentencing guidelines and varies with the quantity and type of the controlled substance involved in the offense.
Drug Possession
California’s Health and Safety Code states that the unlawful possession of a controlled substance is considered a misdemeanor offense. Possessing illegal narcotics or a legal prescription drug without a valid doctor’s prescription can also lead to a misdemeanor charge. However, in light of California’s recent criminal justice reform efforts, most drug possession charges can be dismissed when the defendant successfully completes a drug diversion program. Moreover, you may be able to have the offense expunged from your criminal record, provided you meet all of the eligibility criteria. However, even though the consequences for drug possession may seem light, it’s still important to work with a trusted Los Angeles County criminal defense lawyer to ensure that you secure a fair and favorable outcome.
Drug Possession With Intent For Sale
In some cases, prosecutors may charge you with drug possession with the intent to sell. This offense is usually charged when the defendant is accused of having a large quantity of a controlled substance in their possession, along with other signs of their intent to sell the substance to others. For instance, if law enforcement arrives at the scene and discovers a large quantity of heroin or another controlled substance, as well as plastic baggies, scales, quantities of cash, or other items that could be considered “drug paraphernalia,” the defendant may be charged with drug possession with intent to sell. These types of offenses are usually charged as felonies, punishable by jail time, costly fines, and other strict penalties.
Transporting a Controlled Substance
Under California law, selling, transporting, administering, or importing a controlled substance is considered a felony offense. For example, selling cocaine to others or transporting a quantity of heroin to another location in order to sell it are both considered felony drug crimes. Those convicted of selling or transporting drugs may face steep penalties, including a three- to nine-year jail sentence, up to $20,000 in fines, and other severe consequences. Moreover, aggravating factors (i.e., selling drugs to minors or transporting a sizable amount of drugs) can lead to even more jail time and fines. If you are facing felony drug charges in Los Angeles County, it’s essential that you retain legal counsel to ensure your rights remain upheld and respected at every turn.
How a Criminal Defense Lawyer Can Help
Facing criminal charges of any kind can be disorienting and intimidating, especially for first-time offenders. Federal and state drug laws can be confusing to comprehend, and now is not the time to go through this stressful experience on your own. Even if you are facing a relatively minor charge like drug possession, it’s best to enlist the guidance of a trusted and experienced Los Angeles County criminal defense attorney to support you through every step of the criminal justice process. Your attorney will assess every detail of your case to determine the most strategic path forward. For instance, they may uncover a violation of your constitutional rights at the time of your arrest, leading to an invalidation of your case. If the arresting officer did not have probable cause to pull your vehicle over, or if they searched your apartment without a warrant or cause to do so, your attorney can use these violations to have the charges against you dropped or dismissed. Or, if prosecutors are charging you with possession with the intent to sell, your attorney can seek to have these charges reduced to a simple possession charge instead. Whatever the specific circumstances of your case may be, you can trust that your criminal defense lawyer will pursue the most strategic path to secure you the best possible outcome, given the details of the case.
If you are facing drug charges in Los Angeles County, call Wegman & Levin right away at (818) 980-4000 to schedule a free consultation with a dedicated and experienced criminal defense attorney.
