Using or carrying illegal drugs is a severe offense in both state law and federal law. Depending on the nature of the drug charges, the penalty for a drug offense can be serious.
Laws surrounding illegal drugs can also be applied to prescription drugs if not used properly. The state of California established several laws for controlled substances. Facing criminal charges against a drug crime can be detrimental to the accused's life. At Hurwitz Law Group, we understand the serious nature of drug crime charges. We are ready to provide the strongest defense possible.
If you are facing an alleged drug crime conviction, you would need the help of an experienced criminal defense lawyer. Our law firm has a proven track record of success in representing drug crime victims.
In California, multiple laws govern the illegal movement of controlled substances. Drug trafficking, or the illicit selling and possession of illegal drugs such as opiates and cocaine, is a felony conviction in California. A convicted felon could face charges of up to four years of jail time.
Illegal possession and selling of marijuana is also a punishable crime in California. Convicts caught trafficking illegal marijuana can face a jail time of up to three years in Los Angeles County jail.
The State of California also has drug diversion programs for non-violent drug charges. Under Penal Code 1000, outlaws convicted only for illegal drug possession charges can enter the drug diversion program.
These drug diversion programs are made to educate and treat violators instead of sending them to prison. An eligible convict will spend his dedicated jail time in the diversion program instead. A drug diversion program is also known as a pretrial diversion program.
As mentioned above, different laws are set for each drug crime. Listed below are the different regulations established by California to oversee the movement of illegal drugs.
California Health and Safety Code 11357 forbids the illegal possession of marijuana. The law states that adults aged 21 and over can have one pack or 28.5 grams of dried marijuana. These adults are also allowed to have 8 grams of concentrated cannabis or hashish.
However, this law does not allow minors below 18 years of age to possess marijuana. Possessing over the allowed 28.5 grams of dried marijuana is punishable by the law.
Marijuana possession case varies depending on the type of offense. The penalties for offenders aged below 18 years old are drug counseling and community service.
Offenders aged 21 and above have varying punishments depending on the nature of their drug crimes. Possession of more than the allowed 28.5 grams of dried marijuana or concentrated cannabis is punishable by up to six months jail time in county jail.
Drug offenders aged 18 and above caught possessing marijuana in a K-12 school are charged with a fine for first-time offenders.
California Health and Safety Code 11350(a) states that simple possession or possession of an illegal drug for personal use is a misdemeanor offense in California. Illicit possession of controlled drugs such as cocaine and heroin is punishable for up to one year in Los Angeles County jail.
Simple possession charges can lead to felony convictions if the offender has previous sex crime convictions or any existing felony drug charges. A felony conviction is punishable by up to three years in county jail.
California Health and Safety Code 11351 states that the distribution of controlled substances is punishable as a felony crime. The distribution or selling of controlled substances is a serious drug charge in the state.
This law covers the following street drugs and prescription drugs:
Illegal distribution and trafficking of controlled substances are punishable by up to three or four years of imprisonment in Los Angeles County jail. An outlaw may even have to pay the maximum fine of $20,000 depending on the severity of drug offenses.
California Health and Safety Code 11364 makes it illegal to own or distribute tools to administer an illegal drug. Devices such as hypodermic needles and cocaine spoons are some of the most commonly used drug paraphernalia.
In California, violating Health and Safety Code 11364 is considered a misdemeanor. It is punishable by up to six months imprisonment. Licensed professionals who are caught distributing or possessing drug paraphernalia can have their license revoked or suspended.
Health and Safety Code 11358 makes it illegal to cultivate marijuana if they do meet the minimum requirements. Under the law, marijuana cultivators should be aged 21 or older. They are only limited to growing six marijuana plants at most.
The six-plant limitation applies to single private residences and shared residences. The grower must keep his plant indoors, invisible to the public's eye. Unless there are local ordinances for marijuana cultivation, the grower must follow these rules.
The punishment for improper cultivation of marijuana differs for each case. If the grower is 18 to 20 years old, they are charged with infraction and will face a fine. If a valid adult grows more than the allowed six plants, they are accused of a misdemeanor. Misdemeanor charges are punishable by imprisonment for six months and a fine.
However, the law for medical marijuana cultivation is a bit different. People who use medical marijuana as a medicinal treatment with a doctor's approval can legally grow the plant. Cultivators can grow six mature and 12 immature plants or, as the doctor prescribes.
Health and Safety Code 11360 criminalizes selling and importing marijuana. California requires a valid license to control the selling and importing of marijuana in allowed amounts.
An unlicensed individual caught selling marijuana can be charged with a misdemeanor. Misdemeanor charges are punished with a maximum of six months of imprisonment. However, if the seller has past charges with sex or drug crimes, they can be indicted with felony convictions. A felony conviction is punishable by two, three, or four years imprisonment.
Health and Safety Code 11377 section (a) governs the ruling about the illegal possession of methamphetamine. In most meth possession cases, the violator is charged with simple possession.
As stated above, simple possession crimes are charged with a misdemeanor. This is punishable by up to one year of imprisonment and a fine. If the outlaw has serious drug charges or sex crimes, their simple possession could progress to a felony. Felony crimes are punishable by one, two, or three years imprisonment.
Business and Professional Code 4060 oversees the rule about the illegal possession of prescription drugs. Due to the ease of access, prescription medicines are commonly abused. Anti-anxiety medications like Xanax and Adderall are some of the most frequently misused drugs.
BP4060 makes it illegal to possess and use a prescription drug without a valid prescription issued by a healthcare provider. In most prescription drug cases, the illicit user can be charged with either a misdemeanor or a felony.
A misdemeanor charge is punishable by a maximum of one year in county jail. On the other hand, a felony charge is punishable by three years imprisonment in California State prison.
Aside from the ones mentioned above, several laws have been established to target and manage drug crimes. The following laws are some of the regulations created by the state to target illegal drug sales and other drug offenses:
Drug charges in California fall under two categories: misdemeanors and felonies.
Even if you are innocent, you may be charged with a misdemeanor if your case is not presented clearly. Misdemeanors result in jail time of up to a year, fines, and other consequences. They also can affect your custody rights over your child. You need to hire a criminal defense lawyer with the knowledge and understanding of your constitutional rights to ensure you are not cornered into accepting a plea deal.
If you are guilty, it’s essential to present a strong case for exactly your intent and nothing more. Communicating the situation surrounding your charge clearly and credibly could be the difference between a dismissal and a conviction. With a felony, you could be required to serve several years in jail, pay thousands in fines, and disclose your conviction on work and housing applications in the future.
Evidence not lawfully obtained by the police should not be admissible in your case. This is especially important if you are wrongfully accused of a drug crime; our Los Angeles criminal defense attorney will examine to see what “evidence” was presented and help you navigate the complex legal process.
When you seek to be represented fairly for a drug crime accusation, our Los Angeles criminal defense attorney will help you present your case with strength and aggressiveness to ensure the best result possible.
The opposing party must prove that the defendant is guilty of a drug crime to prove a drug case valid. In turn, the defendant must defend his side to prevent criminal charges. Listed below are the best possible defense to use in a drug case.
These are only examples of what a defendant can use when he is wrongly accused of drug crimes. Still, the best way to face this situation is consulting with an experienced criminal defense attorney. Skilled criminal defense lawyers will know the best defense strategy appropriate for your case.
Drug crime charges will go down in your criminal history. You should seek the help of a reputable criminal defense law firm if you are improperly accused of drug crimes.
At Hurwitz Law, we have a long-standing background of successful client representation. Our Los Angeles drug crimes lawyer has successfully minimized drug crime punishment to a diversion program or dropped charges altogether.
Our legal team offers top-notch quality service and representation. We fight for our clients because we believe in their rights and freedom.
If you are charged with a drug crime, consult an experienced criminal defense lawyer immediately to protect your rights. They can review the evidence, challenge improper searches, and present a strong case on your behalf to reduce or dismiss charges.
Common defenses include lack of intent, improper identification, and duress. A skilled attorney can evaluate your case and develop a strategy tailored to the specific circumstances of your charges.
Yes, non-violent drug offenders may qualify for diversion programs under Penal Code 1000, which focuses on treatment and education instead of jail. An experienced attorney can help determine your eligibility and advocate for alternatives to incarceration.
Overcoming drug crimes is not an easy task for anyone. At Hurwitz Law Group, our law firm understands the challenges you are going through, and we are always ready to help you in any possible way. All you need to do now is call us at (323) 767-0462 for a free initial consultation. Contact us today to schedule a free consultation.
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