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.
Possession for sale
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.
Under the Influence
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.
Under California law it is a crime to cultivate, sell, possess or use the substance. Limited exceptions are provided through Proposition 215, which exempts patients who possess or cultivate marijuana for medical treatment. While possession of a small quantity of marijuana typically only results in a small fine, cultivation, sale or transportation of marijuana is considered a much more serious offense and can result in jail time.
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.