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Drug Sales Laws in California: A Comprehensive Breakdown
Whether illegal by default or unlawfully obtained, drugs have the potential to cause a whole host of problems not only to individuals but to their loved ones and communities as a whole. From drug-induced domestic violence that results in major bodily injuries to entire gang wars taking place on a virtually daily basis, the impact of drug abuse goes beyond the individual, seeping into every pore of society.
For these reasons, drug-related transgressions are viewed extremely unfavorably not only by courts in California but throughout the US. Selling controlled substances is one of the more serious ones and being charged with this crime often necessitates hiring an excellent drug sales attorney in San Diego if a person desires a favorable outcome of their case.
What is a felony drug charge in California?
In California, there are three types of offenses. In order of severity (from least to most severe), we have infractions, misdemeanors, and felonies. Therefore, “felony drug charge” falls into the domain of the most serious drug-related offenses and carries severe penalties.
However, “felony drug charge” is also a broad term that encompasses several transgressions, including:
- Simple possession (possession for personal use);
- Possession with the intent to sell;
- Drug trafficking;
- Drug manufacturing.
Out of the above, only simple possession is regularly tried as a misdemeanor, with lighter penalties and lower fines. All of the other charges are almost exclusively tried as felony offenses. There are very few rare exceptions, but they typically involve a person being a first-time offender and the non-existence of aggravating circumstances.
Is selling drugs a felony in CA?
Yes, distributing drugs in any way, either directly (i.e. in person) or indirectly (i.e. via a third party) is always a felony. However, the California Health and Safety Code (HSC) defines two distinct instances related to this crime:
HSC §11351: Possession with the intent to sell
This section specifically addresses possession of controlled substances with the intent to sell, furnish, administer, transport for sale, or distribute them in any way. §11351 is applicable when an individual is found in possession of illegal drugs, but the evidence suggests they are not for personal use (e.g. quantity exceeds usable amount, presence of paraphernalia, or large quantities of cash).
It should be noted that drugs do not have to be on one’s person for a crime to constitute possession with the intent to sell; if they’re in the person’s controlled environment (e.g. trunk of a car or house), it can be enough for conviction. Similarly, no cash has to actually exchange hands; the presence of the aforementioned evidence can be enough to prove there was intent.
HSC §11352: Drug trafficking
Unlike HSC §11351, where intent is the sole focus, HSC §11352 deals with the instances where actual sale, furnishing, administration, transportation, or distribution of drugs take place. Needless to say, this is a much more severe offense because the act actually took place. As such, trafficking carries significantly higher penalties than possession with intent to sell, including lengthy prison sentences and fines that can reach millions of dollars.
Where can I find an experienced drug sales attorney near me in San Diego?
If you’re facing allegations of drug sales, your choice of legal representation can mean the difference between freedom and long incarceration. You need a partner who not only knows the relevant laws by heart but who can apply them with the utmost effectiveness – to your ultimate benefit. In the San Diego Bay area, you can find that partner in Monder Criminal Lawyer Group.
Our dedicated team specializes in defending clients from drug-related charges employing robust defense strategies tailored to the unique circumstances of your case. With us by your side, you can rest assured that your voice will be heard and your rights protected. Reach out to us today and let our proven professionals give your case the best chance of success!
