Criminal drug charges are serious matters and can carry severe penalties for those convicted. Often, however, police make mistakes when conducting drug related searches and arrests, including failing to follow California search and seizure laws, putting false information in police reports, or relying on unreliable informants. In these circumstances, a successful motion to suppress evidence often leads to the case being dismissed.

Some of the most common California drug charges include, Possession of a Controlled Substance  - Health & Safety Code 11350, Possession for Sale of Narcotics - Health & Safety Code 11351 and Possession of Drug Paraphernalia - Health & Safety Code 11364.

Possession of a Controlled Substance  - Health & Safety Code 11350

In California, possession of a controlled substance, such as heroin, ecstasy, cocaine, GHB, and prescription drugs without a lawful prescription is a misdemeanor offense, punishable by up to 364 days in county jail. A conviction will include fines, random drug testing, and possibly probation in lieu of jail. If however you have a prior conviction for a sex crime or a serious felony possession of a controlled substances can be prosecuted as a felony, carrying a maximum 3 year prison sentence.

To be found in violation of Health & Safety Code 11350 the prosecutor must prove that you:

  • Unlawfully, and knowingly possessed a controlled substance, and
  • Knew that the substance was a controlled substance, and
  • The substance was in a usable amount

Fortunately, most people charged with possession of a controlled substance are eligible for Proposition 36 or penal code 1000 drug diversion, allowing eligible defendants to have their case dismissed if they successfully complete a court-approved drug program.

Possession for Sale of Narcotics - Health & Safety Code 11351

In California, possession of illegal drugs for the purpose of selling them is a felony, punishable by anywhere between two to five years in prison, and substantial fines. Those accused of possession of illegal drugs for the purpose of selling them will not be eligible Proposition 36 or penal code 1000 drug diversion.

To be found in violation of Health & Safety Code 11351 the prosecutor must prove that you:

  • Unlawfully, and knowingly possessed a controlled substance, and
  • Knew that the substance was a controlled substance, and
  • Intended to sell it, and
  • The substance was in a usable amount

In determining whether to file possession charges or possession for sale charges the prosecutor will look at the quantity of the drugs, how the drugs are packaged, and if they are found with large amounts of money or weapons. Unfortunately, people who are simply in possession of drugs for personal use frequently get charged with possession for sale. For this reason, among others, is important to have a skilled defense attorney on your side to defend your case, and get you the best possible outcome.

Possession of Drug Paraphernalia - Health & Safety Code 11364

In California, possession of drug paraphernalia is a misdemeanor, punishable by up to six months in county jail. A conviction may also result in substantial fines and fees and probation.

Fortunately, like Health & Safety Code 11350, most people charged with possession of a drug paraphernalia are eligible for Proposition 36 or penal code 1000 drug diversion, allowing eligible defendants to have their case dismissed if they successfully complete a court-approved drug program.

Further, the term “drug paraphernalia” could be applied to a variety of items, including pipes, syringes, hypodermic needles, and cocaine spoons. Depending on the circumstances of the arrest, even common household items could be considered paraphernalia.

I handle a variety of California drug charges, including:

Possession of a Controlled Substance (Health & Safety Code 11350)

Possession for Sales (Health & Safety Code 11351)

Sales or Transport of a Controlled Substance (Health & Safety Code 11352)

Possession of Drug Paraphernalia (Health & Safety Code 11364)

Possession of Methamphetamine (Health & Safety Code 11377)

Under the Influence of a Controlled Substance (Health & Safety Code 11550)

Contact Us Now

If you or a loved one are facing criminal charges I invite you to contact the Law Office of Miles Booth by calling 424 272 1134 or emailing me at milesboothlaw@gmail.com.

I will provide you with a free case evaluation to help you determine the best available options for your case, as well as what steps we can take to help ensure your freedom.