California Drug and Narcotics Crimes
What does it mean to be charged with a drug crime in California?
California and federal laws define drug and narcotics crimes as the following:
- Drug possession, sale, or manufacture can be serious federal crimes. When combined with “three strikes laws” or sentencing enhancements due to previous felonies, defendants can face lengthy criminal sentences. Individuals accused of drug trafficking can also have their homes or belongings seized under asset forfeiture laws.
- California codes dealing with drug use can be found in the Uniformed Controlled Substances Act, Division Ten of the California Health and Safety Act.
- In general, illegal drugs are defined as a controlled substance possessed without a prescription. Common illegal drugs include: barbiturates, cocaine, ecstasy, hash, herion, LSD, marijuana, mescaline, meth, morphine, opium, PCP, steroids and prescription painkillers without a prescription in your name.
California and federal laws define drug and narcotics crimes as the following:
- Drug Possession
o This is possession of a small amount of drugs for personal use. Depending on the type of drug, the charge may be a felony or misdemeanor. - Drug Sale/Trafficking
o It is illegal to possess drugs that you intend to sell.
o Transporting or importing drugs into California may lead to the more serious charge of drug trafficking. - Drug Manufacture
o It is illegal to chemically make any type of illegal drug, or possess the ingredients to do so.
- Possession of marijuana, being under the influence of a drug and possession of drug paraphernalia are all misdemeanors under California law.
- Possession of other controlled substances is a felony.
- Drug sale, trafficking and manufacture penalties vary greatly. For example, federal penalties for selling drugs range from three years to life in prison. A first offense for growing or manufacturing drugs can result in a minimum jail time of ten years and fines up to four million dollars.
- Drug crimes are serious crimes that often have heavy fines and jail time attached. Even misdemeanor drug charges can have mandatory jail minimums: impacting your chances for employment and any future interactions with the justice system.
- Don’t risk it! If you, a family member, or friend is facing a drug charge, it is best to contact a criminal defense attorney.
- Drug crimes are cases that rely heavily on police evidence and search and seizure of your personal property. A lawyer can analyze your case and decide if you may be able to suppress illegally gained evidence or challenge the police account of your crime.
- An experienced attorney can also advise you on alternatives, such as drug court or rehab, which may best suit your needs.
- For the best in drug crime defense in Los Angeles, contact The Law Offices of Erik S. Lewin.
