Drug-related crimes can be a serious offense. However, our firm is skilled with many of these crimes, and can work for you to lessen or completely drop any charges you may face. Here are some details you should know when faced with a drug-related charge:
In California, Health & Safety Code 11350 makes it a felony to possess narcotics such as cocaine, heroin, ecstasy, ketamine, GHB as well as certain prescription drugs, such as Vicodin or Codeine. A person convicted of possession may face up to three years California state prison. However, many accused of drug possession are eligible for Proposition 36 or PC 1000 drug diversion.
Under Health & Safety Code 11351, it is a felony to possess illegal drugs with the of selling them. In order to determine if there was an intent of sale, law enforcement will take into consideration the quantity of the drugs, packaging (such as in numerous separate bags), scales, as well as other paraphernalia. Possession with the intent of sale is a far more serious offense than possession alone, and does not qualify for Proposition 36 or PC 1000 drug diversion.
Health & Safety Code 11379.6 HS makes it a felony to manufacture or process illegal drugs and controlled substances. To be charged with manufacturing, you must have already begun the manufacturing or processing the substance the illegal drug. The manufacturing of illegal drugs and controlled substances carries the harshest sentencing of any drug law in California, including up to 7 years in a state prison.
Health & Safety Code 11550 makes it a misdemeanor crime to be under the influence of illegal drugs or controlled substances. This can also include prescription drugs if the accused does not have a valid prescription. Many people charged with being under the influence of illegal drugs or controlled substances can qualify for Proposition 36 or PC 1000 drug diversion.
In November of 2016, California voters passed Prop 64, the Adult Use of Marijuana Act. This legalized the recreational use of marijuana in California meaning that adults 21 and over could use, sell, and cultivate marijuana under strict regulations. With these strict regulations of California marijuana laws, those who use, sell, or cultivate could still face penalties.
California’s Proposition 36 and PC 1000 are programs that allow those charged with certain drug related crimes to avoid jail time by instead enrolling into a drug rehabilitation, treatment, or education center. This is often a preferred alternative to those who may be facing jail time for a drug related crime.
Any questions? Contact us.