A Guide to California Drug Crimes

LOS ANGELES DRUG CRIMES LAWYER
Drug possession and sales make up a big percentage of criminal cases in California.  Even simply possessing certain drugs for personal use is a felony and can lead to time in State Prison.  In addition to criminal sanctions, drug crimes can affect employment and even eligibility for federal financial aid (students must be very careful to avoid even a marijuana possession conviction if they wish to maintain federal student aid eligibility.

In addition to being very common, drug crimes are notable for being the most likely type of case to be dismissed because of an unlawful search, illegally obtained search warrant, and other deceptive tactics by law enforcement.  Despite the nature of drug crimes as generally being non-violent and even "victimless" crimes, they are heavily pursued by law enforcement agencies at every level.  Police will lie, plant drugs, falsify affidavits to obtain search warrants and otherwise invade your Constitutionally-protected rights and liberties to make an arrest.  It is important to know and assert your rights as explained here.

If you are arrested for or charged with any of the following, contact a criminal defense attorney to represent your interests:

LOS ANGELES DRUG POSSESSION ATTORNEY:
PROP 47 UPDATE:  All drug possession offenses are now misdemeanors.

HS 11350 - Possession of a Controlled Substance
Health & Safety Code 11350 makes possessing drugs like cocaine, heroin, ecstasy, Xanax, Percocet and more used to be a felony, but is now a misdemeanor.  There are diversion programs that allow people charged with drug possession to avoid a conviction (PC 1000) or avoid time in custody in favor of drug treatment (Prop 36).  While HS 11350 is a strict felony (not reducible to a misdemeanor), it may be possible to negotiate a reduction to a lesser charge (e.g. HS 11377) that can later be reduced to a misdemeanor.  If you have a prior felony conviction for possession of a controlled substance, contact our office now to quickly get your felony reduced to a misdemeanor.

HS 11550 - Under the Influence of a Controlled Substance
Health & Safety Code 11550 makes it a misdemeanor to use or be under the influence of a controlled substance, even if you do not have any illegal substances in your possession.

HS 11364 - Possession of Drug Paraphernalia
It is a misdemeanor under Health & Safety Code 11364 to possess any drug paraphernalia, including pipes, bongs, needles, etc.  This charge is often PC 1000 or Prop 36 eligible and often the result of an unlawful search that can lead to a dismissal.

HS 11377 - Possession of Methamphetamine, PCP, GHB, etc.
Most commonly applied to possession of Meth in Southern California, Health & Safety Code 11377 makes it illegal to possess Methamphetamine and other drugs.  Like HS 11350, HS 11377 could previously be charged as a felony, but is now a misdemeanor due to Prop 47.  Prior convictions under this section can be reduced to misdemeanors.  If you or someone you know is currently serving a sentence for possession of a controlled substance, or who has suffered a prior felony conviction for this offense, contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Attorney.  We can discuss your record and how any felonies may be reducible to misdemeanors, as well as other measures you can take to clean up your record, a.k.a. set the record straight.

LOS ANGELES DRUG SALES ATTORNEY:

HS 11351 - Possession of Narcotics for Sale
It is a felony under Health & Safety Code 11351 to possess illegal drugs with the intention to sell them.  Packaging, quantity, dealer paraphernalia (e.g. scales, baggies), large sums of cash, and other factors will determine whether someone is charged with possession or possession for sale.  Sales offenses are generally not eligible for PC 1000 or Prop 36 diversion, but it may be possible to negotiate a lesser charge to keep your record clean and keep you out of jail.  Possession of Methamphetamine for sale is usually charged as HS 11378.

HS 11352 - Sale/Transportation of a Controlled Substance
It is a felony under Health & Safety Code 11352 to sell (or even give away) illegal drugs.  Like HS 11351, this charge is generally not eligible for PC 1000 or Prop 36 diversion.  Nonetheless, you might still have strong defenses under Fourth Amendment search and seizure law or entrapment law.  Sale of Methamphetamine is usually charged as HS 11379.

HS 11379.6 - Manufacture of Narcotics
Health & Safety Code 11379.6 provides the harshest punishments of all California drug crimes.  It can apply to anything from pressing kief into hash up to operating a meth lab.  These charges are very serious, but you may have defenses.  The Fourth Amendment may make the search that led to an arrest unlawful.

Marijuana laws are treated differently and are discussed in our post for Marijuana Laws.  If you have been charged with a drug crime in California, you need a Los Angeles Criminal Defense attorney to assert your rights and defenses.  Whether stopping the government from proving an element of the crime (for example, intent to sell) or getting all of the evidence suppressed due to Fourth Amendment violations, your criminal defense lawyer will work hard to fight the charges against you.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
Nicholas.Loncar@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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