California Drug Laws and Penalties 2024 Explained

In the state of California, the possession, sale, or transportation of certain controlled substances or illegal drugs, such as cocaine, heroin, and even some prescription drugs, is against the law. If you are caught possessing, selling, transporting, or even have the intent to do such, you can be arrested. A lawyer can explain to you the California drug laws and penalties if you find yourself charged with any drug crimes.

Some of these crimes can come with felony charges, which can impact your rights and future in an extremely negative way. The prosecution takes these charges seriously, and you will be in need of a legal representative who is ready to handle your defense with just as much seriousness. It can be beneficial to consult with a criminal defense attorney from Lee Law Group DUI & Criminal Attorneys who can ensure your rights are protected against drug crime charges.

Common Drug Crime Laws in CA

There are many California laws that set the standard for how certain drug crimes should be treated. In some cases, certain drugs may be legalized for a specific time and for limited purposes. Other substances are more heavily restricted. Because of this, there are various California laws regarding drug crimes. While this is not an exhaustive list, there are some common drug laws in the state, which can include the following:

Possession of a Controlled Substance

This is one of the most common drug offenses in California. The specific law makes it illegal for an individual to possess a controlled substance or illegal drug. The substances that are involved in this law can include illegal drugs and prescription medications if an individual possesses them without a necessary or valid prescription.

If an individual is convicted of this charge, they can face up to one year in county jail, a fine totaling between $1,000-$2,000, and probation or community service. If you have ever been convicted of a serious crime, you could face a longer prison sentence.

Possession for the Sale of a Controlled Substance

If an individual is found to be possessing certain controlled substances for the sale of these substances, they are breaking California law and can face severe penalties. If you are convicted of possession with the intent to sell an illegal drug or controlled substance, you could face up to 4 years in state prison, numerous fines, probation, or community service. If your crime includes any aggravating factors, the penalties can only increase in severity.

Sale or Transportation for Sale of a Controlled Substance

If you are found to be violating transporting, importing, selling, furnishing, administering, giving away, or offering certain controlled substances, you could face extreme consequences. You could face extreme jail time and hefty fines that could place you in dire financial hardship, depending on the severity of your crime and the amount of drugs found in your possession.

If there are any aggravating circumstances involved or you have past drug crime convictions on your record, your penalties may increase in longevity and severity.

Possession of Drug Paraphernalia

Under certain California laws, it is illegal to possess anything that could be suspected to facilitate in the ingestion or creation of a controlled substance. This can include cooking spoons, smoking devices, and plumbing materials. It is important to keep in mind that whether the item is illegal depends on how and where the drug is being used. Penalties for this crime can include fines and imprisonment.

Cocaine Possession

It is a crime in California to possess any amount of cocaine, as it is considered a Schedule II drug. It is also illegal to be under the influence of this drug or possess it for sale or transportation. This crime can be punished by imprisonment, fines, and a criminal record. Aggravating factors involved in the crime, such as a previous cocaine conviction, can cause these penalties to increase.

Ecstasy Possession

Ecstasy, otherwise known as “Molly,” is illegal in California. It is considered a Schedule I drug, and possession is illegal, as there is no accepted medical reason for using ecstasy. This crime can be punished with prison time and fines. If there are aggravating factors involved in your case, penalties can become more serious.

FAQs

Q: What Are Some Defenses for Drug Crime Charges?

A: There are several defenses your attorney can use against a drug crime charge depending on the nature and severity of the charge you are facing. Common defenses for drug charges can include lack of evidence, illegal search and seizure, a violation of your constitutional rights, lack of intent to sell or distribute, or having a valid prescription for the drug.

Q: How Much Does a Drug Crime Defense Attorney Charge in California?

A: It can be difficult to state exactly how much a drug crime defense attorney might charge for their services, as each case and each attorney is different. There are certain factors that can influence the final costs of hiring a lawyer. These factors include the overall complexity and duration of a case and the experience of the attorney.

Q: What Drugs Are Decriminalized in California?

A: While the adult use and possession of cannabis products and medical marijuana have been decriminalized in California, every other street drug is still illegal. This means that any drug, such as cocaine, heroin, ecstasy, etc., is still considered illegal to possess, use, or sell. Additionally, if you are a minor, you are legally barred from using cannabis products or medical marijuana.

Q: What Are Schedule 1 Drugs in California?

A: In California, a Schedule I drug is a drug that is considered to have no accepted medical use and carries a high risk for addiction and abuse. Drugs that fall into this category of classification include heroin, cocaine base, peyote, ecstasy, methamphetamine, and PCP. It is illegal to have any amount of these substances in your possession to use, transport, or sell.

Lee Law Group DUI & Criminal Attorneys Can Help With Your Drug Charge

If you or a loved one is facing a drug crime charge and the resulting penalties, you need the assistance of a criminal defense attorney. Contact the team at Lee Law Group DUI & Criminal Attorneys today and schedule your consultation.

About The Author

Ernest Lee

Attorney Ernest Lee, Esq., is the founder of Lee Law Group DUI & Criminal Attorneys in San Diego, California, specializing in personal injury, criminal defense, and consumer protection. He earned his Juris Doctor from the University of Missouri at Kansas City School of Law in 1999 and has been licensed to practice law in California since December 2001. Attorney Lee has been recognized as a Super Lawyer" by Super Lawyers magazine annually since 2021, an honor awarded to the top 5% of attorneys in San Diego County.Education: Juris Doctor from the University of Missouri at Kansas City School of Law, 1999. Professional Associations: Member of the State Bar of California since December 2001. Experience: Founder of Lee Law Group DUI & Criminal Attorneys, focusing on personal injury, criminal defense, and consumer protection; recognized as a "Super Lawyer" since 2021.

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