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Cocaine Laws in California Explained

Cocaine is one of the most famous, widespread, and abused drugs in the world. It is a potent stimulant with high addictive potential and little to no medical use, which is why it is classified as a Schedule II Controlled Substance.

On the other hand, cocaine base, which typically refers to crack cocaine for the purposes of federal persecution, has no accepted medical use and is therefore classified as a Schedule I Controlled Substance.

Recognizing the destructive potential of the aforementioned substances, California’s legal system implemented rigorous laws for any type of cocaine-related offense. Due to the seriousness of being charged with these crimes, effective defense is only achievable by hiring a well-versed cocaine drug crime attorney in San Diego, CA.

What is the Health and Safety Code for cocaine in California?

In California, cocaine-related crimes are governed by the Health and Safety (HS) Code, sections 11350-11352. Under these laws, possession, sale, and trafficking of cocaine and cocaine base (crack cocaine) are all considered felony offenses, carrying significant penalties.

Simple possession of cocaine

Otherwise known as “possession for personal use”, CA HS§11350 defines simple possession as either:

• Actual possession: knowingly holding or carrying cocaine on your person;
• Constructive possession: knowingly having control over cocaine, even if it is not on your person (i.e. keeping it in the trunk of a car or in the house);
• Joint possession: knowingly sharing control over cocaine with at least one other person.

Although cocaine crimes are generally considered felonies, most possession offenses as tried as misdemeanors. Do note that the charges can be dismissed and jail time avoided altogether, provided that the defendant completes one of California’s drug diversion programs, such as PC 1000 or Prop 36.

However, both the diversion programs and the possibility of simple possession being tried as a misdemeanor aren’t a possibility if the person is previously convicted of serious crimes, such as murder or other drug-related felonies, as well as being a registered sex offender.

Possession of cocaine with the intent to sell

Under CA HS§11351, “possession of cocaine with the intent to sell” is a felony offense that carries much harsher penalties than simple possession. To prove that the accused had the intent to sell, persecution will have to present different pieces of evidence, such as:

• Large quantities of substance were found on one’s person or their premises;
• Drugs were divided into smaller containers or bags, ready for distribution;
• Paraphernalia typically related to drug sales was present;
• Large amounts of cash (from previous sales);
• Being present in the locales where drug deals usually take place.

Also, do note that cocaine and cocaine base carry different penalties, with the latter being much more severe, due to the difference in their respective Schedules.

Cocaine trafficking

Drug trafficking, also known as “transportation for sale” is governed by the CA HS§11352, and is defined as “importing, transporting, furnishing, distributing, administering, or giving away cocaine (or crack cocaine)”, as well as offering to do anything of the above.

Trafficking, in general, carries extreme penalties, incremental based on the various circumstances, including the quantity of the substance, the number of county lines it was transported across, and even selected transportation routes.

Where can I find a dedicated cocaine drug crime attorney near me in San Diego, CA?

From Rancho Encantada all the way to the Pacific coast, there’s no one better to represent you than Monder Criminal Lawyer Group. Whether you’re accused of simple possession of cocaine trafficking, our experienced attorneys will put all of their collective knowledge and resources toward protecting your rights.

We’re beyond diligent when it comes to gathering evidence and forming robust defense strategies, ensuring every little detail works in your favor in the court of law. Reach out to us today to schedule a free consultation and ensure you have a partner who is ready to fight for your rights!

Monder Law Group - News

Penalties for Cocaine-Related Crimes in CA

Cocaine and its free-base form (crack cocaine) are powerful stimulants with extreme addictive potential. Given the fact that they have virtually no accepted medical application makes both drugs rank high in the controlled substances range (Schedule II and I, respectively).

This also makes cocaine and crack cocaine possession, distribution, and transportation illegal in every US state, California included. Being charged with related crimes carries severe repercussions, including lengthy prison sentences and exorbitant fines.

As courts view these charges highly unfavorably, defending against the aforementioned accusations can be beyond challenging and is typically only achievable by having the best San Diego, CA cocaine drug crime attorney you can find.

What is the penalty for cocaine in California?

Penalties for cocaine-related transgressions in California depend on the nature of the crime (e.g. whether it’s classified as a felony or misdemeanor), as well as the presence of aggravating factors, such as prior charges for serious offenses.

Penalties for simple possession of cocaine

In most cases, cocaine possession for personal use (e.g. “simple possession”) is charged as a misdemeanor, carrying up to 1 year in county jail and/or fines of up to $1,000. However, if the accused has previous convictions for certain serious offenses, such as murder or other drug-related crimes, simple possession is tried as a felony and carries the following penalties:

• Jail sentence of up to 16 months, 2 years, or 3 years, and;
• Fines up to $10,000;

It should be noted that charges can be dropped and jail sentence avoided if the accused completes one of California’s drug diversion programs, such as PC 1000 or Prop 36. However, these programs are generally reserved only for first-time, non-violent offenders.

Another specific situation that bears mentioning is cocaine possession while being armed with an operable firearm at the same time. According to the HS §11370.1, this is a felony offense punishable with up to 4 years in jail or prison and a fine of up to $10,000.

Penalties for possession of cocaine with intent to sell

Possession of a controlled substance for sale is always a felony offense. In this specific case, penalties will depend on the type of the substance:

• For cocaine, penalties include 2, 3, or 4 years in state prison and fines of up to $20,000;
• For crack cocaine, penalties include 3, 4, or 5 years in state prison and fines of up to $20,000.

However, if the amount of cocaine or crack exceeds 1kg, the court will impose enhancements to the penalty that may include:

• Additional 3 – 25 years in prison, and;
• Fines of up to $8 million.

Penalties for cocaine trafficking

Controlled substance trafficking is a felony offense punishable with 3, 4, or 5 years in state prison and fines of up to $20,000 if the accused is a first-time offender. If this is not the case and other aggravating factors are present, further enhancements to penalties may be applied.

This may include instances such as selling cocaine to a minor, transporting it across two or more state lines, distributing it near drug treatment facilities, and even giving it away to vulnerable individuals (e.g. pregnant women, homeless people, individuals with mental health disorders, etc.).

The aforementioned aggravating factors can each result in a sentence enhancement of up to 2 – 5 years in prison, as well as fines of up to $20,000. In addition, the enhancement for quantities exceeding 1kg applies in case of trafficking as well.

Which San Diego, CA cocaine drug crime attorney near me should I choose?

At Monder Criminal Lawyer Group you can find the finest legal representatives anywhere from Bay Terraces to North City. Recognized as authorities in their field, our attorneys are well-renowned for their assertiveness and strategic approach to case-building.

Whether you’re charged with drug trafficking or simple possession, rest assured that we’ll employ all our collective expertise to build a robust defense and provide fierce advocacy. Reach out to us today and ensure you have a reliable partner dedicated to your future!