Monder Law Group - News
Common Drug Crimes & Penalties in California Pt. 1
Drug crimes and offenses are very common in the state of California, which doesn’t make them any easier. In fact, there are several very serious and frequent drug crimes that require the services of an experienced drug attorney in San Diego. However, before hiring a reputable attorney to represent your case it’s important to learn more about it and see what the potential punishments for your charges can be.
What are the most common drug offenses in California?
The perception of the public regarding drugs has changed and continues to change over the years, especially when it comes to the recreational consumption of marijuana. However, the law in California is not as quick to change and there are still serious punishments for both the lesser and more severe drug-related offenses:
The state of California recognizes several different offenses regarding marihuana, all of them regulated by the California Health and Safety Code 11357. There are different marijuana laws that relate to the cultivation, distribution, and the possession of this illegal substance.
According to these laws, all amounts of marijuana that have the weight of under 28.5 grams fall under the category of simple possession. However, higher amounts can fall under the category of distribution regardless of whether or not the offender has the card for medical marijuana. Cultivation refers to the practice of growing marijuana with an intent of selling it to third parties.
When charged for marijuana possession, this is usually a civil infraction that results in fines of as much as $100. However, there’s a potential for increasing penalties if you were in the vicinity of a school when found in possession of this illegal substance.
If you carried more than 28.5 grams, the offense is a misdemeanor and can carry the punishment of up to 6 months in prison and financial penalties of over $500. Distribution of marijuana is a felony and carries more stringent punishments than possession over 28.5 grams. Finally, cultivation is a serious offense that can be tried as a felony resulting in as many as 36 months of prison time.
There are five categories of drug possession in the state of California:
- Schedule I: This includes drugs that have the most potential for abuse and dependency, such as LSD, heroin, and marijuana.
- Schedule II: This refers to drugs that have a high dependency and abuse risk, such as cocaine, meth, and morphine.
- Schedule III: This category refers to drugs with smaller dependency and abuse potential, including some depressants, benzphetamine, ketamine, and testosterone.
- Schedule IV: This is a category reserved for drugs with minor risks and that have a wide medicinal usage, such as tranquilizers, sedatives, and barbital. However, only a possession of large quantities can lead to charges.
- Schedule V: Finally, this category includes drugs with a minimal risk of abuse and dependency, including various prescription medications such as Tylenol and cough suppressants.
The potential punishments for drug possession widely differ depending on the amount and the type of drug found in your possession and they can result in felonies, misdemeanors, and infractions.
Possession for sale
Possession for sale refers to the defendant having a large amount of an illegal substance in different schedules proscribed by the law in California. In order to be charged and convicted of possession for sale, the authorities have to ascertain the following:
- The defendant had the intent to exchange drugs for valuables or money.
- The defendant had the sufficient amount of substance for sale.
- The defendant was in possession of any of the illegal substances.
Similarly to simple possession, the penalties for this offense vary depending on the amount and the type of drug in possession, as well as the past criminal history and potential aggravating circumstances.
Who are the leading drug attorneys in San Diego & the area?
Facing drug charges is a stressful time in your life since these offenses can often be very serious. To prepare you should first learn more about the most common drug-related offenses and their potential consequences. However, also remember to explore the most useful defense strategies lawyers implement in drug cases so as to know what to expect. Then, hire the most experienced drug crime attorneys to help you win your case.
This is where Monder Criminal Lawyer comes in. We’re a collection of legal experts who specialize in helping individuals deal with the drug charges against them. We offer professional legal counsel and guidance throughout your process and we’ll help you achieve a favorable result. It doesn’t matter if you were accused of a drug crime in Paradise Hills or another location in the city, we’re here for you. Give us a call today!