Drug Offenses

California prosecutes a wide range of drug crimes, including possession, distribution, sale, trafficking, and manufacturing of drugs.  The potential penalties for drug offenses vary widely from mandated drug treatment programs to several years in jail and costly fines. 

Common Drug Offenses

Individuals can be arrested for the following types of drug-related conduct:

• Under the influence of drugs or a controlled substance
• Possession of drugs or a controlled substance
• Possession of drugs for sale
• Transporting drugs or narcotics
• Distributing drugs
• Manufacturing or cultivating drugs

The common types of drugs or controlled substances California prosecutes include marijuana, cocaine, cocaine base, ecstasy (MDMA), heroin, LSD, PCP, methamphetamine, and prescription drugs such as hydrocodone (or Vicodin) if the person lacks a lawful prescription. 

California Drug Crime Penalties

Potential penalties for drug crimes range in seriousness depending on several factors, such as:

• Nature of the drug offense, such as simple possession of drugs versus selling drugs
• Quantity of drugs found
• Type of drugs
• Prior convictions for drug-related crimes and criminal convictions in general

For example, a person who is arrested for transporting, importing into California, selling, furnishing, offering to transport, or attempting to transport a controlled substance, faces severe penalties under California Health & Safety Code Section 11352.  Violations of Section 11352 are charged as felonies and can result in a state prison term of three, four, or five years, in addition to substantial fines.  However, if the person transported the controlled substance from one county to another county, the person faces an increased potential penalty of three, six, or nine years in state prison and fines.

Drug offenses that are less serious in nature, such as simple possession of drugs for personal use, can be charged as misdemeanors.  In that case, the person faces a potential penalty of up to one year in county jail and fines.

Sentencing Alternatives

California also has different sentencing alternatives for less serious drug offenses, including:

• Proposition 36, also known as the Substance Abuse and Crime Prevention Act of 2000:  This statute was passed by California voters on November 7, 2000, and generally allows first and second-time non-violent drug offenders, who are convicted of low-level drug possession crimes, to receive substance abuse treatment instead of incarceration.

• Penal Code 1000 or Diversion, also known as the Deferred Entry of Judgment Program:  This sentencing alternative is generally available for individuals who are charged with minor drug crimes, such as simple possession.  To be eligible for PC 1000, the offenses an individual is charged with must not involve a violent crime.  If qualified, in most circumstances an individual would enter a "guilty" plea, but criminal proceedings are suspended so that the individual can obtain treatment.  Once drug courses and other requirements are completed, the case will be dismissed. 

• Drug Courts:  Certain California state courts are "drug courts," combining judicial supervision with drug and alcohol treatment.  Judges engage in judicial supervision of the defendant to monitor the progress the defendant makes in completing drug treatment.  In general, if the person successfully completes the treatment program, the case is ultimately dismissed. 

If you are charged with a drug offense, contact a qualified lawyer immediately to ensure your rights and interests are protected.  For experienced criminal defense attorneys at Cummins & White, LLP, email us or call us at (888) 339-4127 for a free consultation.