Drug crimes are among the most common charges brought in California. According to data from the Public Policy Institute of California (PPIC), an average of nearly 400,000 drug arrests are made across the state each year. Depending on the specific nature of the allegations, a drug charge may be a misdemeanor or a felony. Here, our San Jose drug crimes defense lawyer explains the key points to know about drug possession, drug trafficking, and drug distribution laws in California.
An Overview of Drug Offenses in California
Drug Possession
Broadly explained, drug possession is the unlawful possession of controlled substances without a valid prescription or other legal authorization. Notably, California classifies drugs under different schedules, and the penalties for possession can vary based on the type of drug, the amount, and the intent of the individual (personal use vs. intent to sell). Here is an overview of the relevant drug possession statutes in California:
- HSC § 11350 (Possession of Controlled Substances): Most drug possession charges in California are brought under HSC §11350. The statute makes it illegal in California to possess controlled substances without a valid prescription, including opioids, certain stimulants, and many hallucinogens.
- HSC § 11377 (Possession of Methamphetamine): California has a specific state statute for methamphetamine possession. Meth is classified as a dangerous, restricted drug. For the most part, possession of meth offenses are misdemeanors. However, a person could be charged with a felony for methamphetamine possession in certain circumstances.
Any person facing a drug possession charge is presumed innocent until proven guilty in a court of law. To obtain a conviction in a drug possession case, prosecutors must present evidence that proves that the defendant had knowledge, possession, and control of an illegal drug. Notably, actual physical possession is not required as a matter of law. A conviction could be obtained on the grounds of constructive possession—such as if drugs are found within a person’s vehicle.
Drug Trafficking and Drug Distribution
Police and prosecutors take drug trafficking and drug distribution allegations in California very seriously. Unlike possession cases—which are often, but not always, handled as misdemeanors—most trafficking/distribution cases are handled as felony offenses. Here is an overview of the relevant criminal statutes in California:
- HSC § 11351 (Possession With Intent to Sell): HSC §11351 criminalizes the possession of controlled substances with the intent to sell. Notably, it distinguishes this type of possession from simple possession due to the implication of distribution. A person could be charged with a felony under this statute based on the amount of a controlled substance that they have in their possession. Indeed, many cases are brought due to the quantity of the drugs.
- HSC § 11352 (Transportation and Sale): HSC §11352 prohibits the unauthorized transportation, sale, furnishing, administering, and even giving away of controlled substances in California. The statute covers actions that facilitate the wider distribution of drugs. HSC §11352 violations are often felony criminal offenses.
- HSC § 11379.6 (Manufacturing and Supplying): HSC §11379.6 targets the illegal manufacturing, compounding, or processing of controlled substances in California. Violations of this law are treated as felonies and are associated with very serious consequences. Most drug manufacturing cases are brought under this statute. A person could also be charged for knowingly supplying equipment for the purpose of manufacturing.
- PC § 182 (Drug-Related Criminal Conspiracy): Finally, in some cases, drug trafficking and drug distribution charges are brought, in large part, based on the grounds of an alleged criminal conspiracy. PC § 182 covers criminal conspiracy offenses in California, including conspiracies related to drug offenses. These are situations where two or more people agree to commit crimes like drug manufacturing, trafficking, or possession with intent to sell.
Drug Scheduling Impacts the Severity of Drug Charges in California
The severity of drug charges—whether possession, tracking/disruption or manufacturing—will depend, in large part, on the “schedule” of the substance in question. In California, the legal framework governing controlled substances classifies drugs into schedules based on their potential for abuse, medical use, and safety. Here is an overview:
- Schedule I: Schedule I drugs, such as heroin, LSD, and MDMA, are considered to have a high potential for abuse and no accepted medical use in the United States. Possession, distribution, or manufacturing of these substances carries the most severe penalties,
- Schedule II: Schedule II substances, including cocaine, methamphetamine, and certain opioids like fentanyl and oxycodone, also have a high potential for abuse but possess some accepted medical uses, albeit with major restrictions.
- Schedule III: Schedule III drugs, such as ketamine and anabolic steroids, have a lower potential for abuse than Schedule I or II substances and are recognized for having accepted medical uses. Still, a criminal charge can carry major penalties.
- Schedule IV: Schedule IV substances are considered to have a low potential for abuse relative to drugs in Schedule III and are commonly prescribed for medical reasons. However, a valid prescription is required.
- Schedule V: Schedule V drugs are seen as having the lowest abuse potential. The penalties are the least severe. However, jail time is still possible even with a Schedule V drug violation.
Drug Charges May Be Brought at the Federal Level
The majority of drug cases are brought under state law by state prosecutors. However, it is not uncommon for a person who is facing drug charges to be hit with a federal offense—especially in trafficking and distribution cases. Federal prosecutors may have jurisdiction if:
- A drug offense occurred on federal property, such as in a federal national park or on the grounds of a federal courthouse or
- A drug trafficking/drug distribution operation—in some form—crossed state lines or national borders.
If you or your loved one is facing a federal drug charge in California, it is imperative that you seek immediate legal counsel. A San Jose drug crimes defense lawyer who has experience with federal criminal charges can protect your rights and help you determine the best course of action.
Contact Our San Jose Drug Offense Defense Attorney Today
At Stadlin Law Firm PC, our San Jose criminal defense lawyer handles all types of drug crime charges. Were you or a loved one arrested? We can help. Get in touch with us at (510) 859-3462 or use our online contact form to set up your strictly confidential, no-obligation consultation. From our San Jose office, we defend state and federal drug charges throughout all of Santa Clara County.
