Being under arrest is a nightmare, especially if the alleged criminal charges involve an illegal or controlled drug substance. Typically, when law enforcement officers arrest you or your loved one for any drug offense or a related crime, he/she might face severe consequences, including hefty fines, a lengthy prison term, and a permanent criminal record.

A conviction for any drug crime under the law can alter your life drastically. At California Criminal Lawyer Group in Sacramento, we believe everyone makes a mistake, and one mistake should not lead you behind bars. Once you contact us, our experienced attorneys will keenly assess your alleged drug charge to find loopholes in the prosecutor's case against you to aggressively fight for an alternative, non-severe charge or a dismissal of the charge.

We also understand that knowledge is important when facing an accusation for committing a drug offense. This article will help you understand and learn more about common drug crimes that are chargeable and punishable under the law.

An Overview of Drug Crimes Chargeable and Punishable Under the Law

Drug crimes are prevalent in this state despite relentless efforts by law enforcement officers to curb these crimes in our communities. When it comes to drug crimes, the specific charge the prosecutor will file against you will typically depend on the circumstances of your alleged offense and the type of illegal or controlled drug substance involved.

Below is an overview of various drug crimes chargeable and punishable under the law:

Possession of Drugs

Generally, possession of controlled or illegal drug substances is illegal according to Health and Safety Code (HSC) 11350. Under this statute, a police officer has the authority to arrest you for possession of illegal drugs in any of the following three ways:

  1. Actual Possession

Actual possession is what most individuals associate with this offense. You would be charged with actual possession if the alleged illegal or controlled drug substances were on your person before the arrest.

  1. Constructive Possession

Generally, police would arrest you for constructive possession of a controlled drug substance if the substance in question was in a location or place you could easily access, for example, your residence, car, or gym. However, in this case, the prosecutor will have the evidentiary burden of convincing the court beyond a reasonable doubt that the alleged drug substance was in your control.

  1. Joint Possession

As the name sounds, an arrest for joint possession happens when two people share illegal or controlled substance ownership. For example, that would be possible if the officer finds a controlled drug substance in a room or space that you share with a friend, and both of you knew and had access to the drug.

During your case's trial, the prosecutor must have viable evidence to prove to the jury beyond a reasonable doubt that you are guilty of violating HSC 11350. To secure a conviction against you for possession of illegal or controlled drug substance, the prosecutor must prove the following aspects or elements of the crime:

  • The drug substance you had in possession was a controlled substance, for example, heroin, cocaine, morphine, cocaine, opium, codeine, and particular prescription drugs.
  • You illegally had controlled drug substances, or you did not have a proper prescription to have them.
  • You knew or was aware the drug substance in question was illegal.
  • You knew or was aware of the presence of the alleged controlled drug substance.
  • The amount you had in possession was usable, meaning it wasn't a residue.

Possession of small amounts of illegal drug substances for personal use, also known as "simple possession," is typically a misdemeanor punishable by a prison term of one year and a fine not exceeding $500.

If the alleged illegal drug substance were marijuana, there would be different considerations during your case prosecution. Typically, possession of specific amounts of marijuana is legal under the following conditions:

  • You are an adult (over 21) or
  • You have a doctor's prescription.

After decriminalizing marijuana, any adult over 21 can legally purchase and possess less than 28.5 grams of marijuana for personal use in a private home or residential area. That means, if the amount of marijuana you had in possession exceeds 28.5 grams, you might be subject to an incarceration term of 6 months and a fine not exceeding $500.

Possession for Sale

Possession of any illegal or controlled drug substance mentioned above for sale or distribution can also make you subject to negative and detrimental consequences under Health and Safety Code (HSC) 11351.

During the trial hearing, the court will expect the prosecutor presiding over your alleged drug charge case to prove the following aspects or elements of the crime beyond a reasonable doubt to secure a conviction against you:

  • You illegally purchased or possessed an illegal or controlled substance.
  • You were aware of its presence.
  • You were aware of the substance’s character or nature as an illegal or controlled drug substance.
  • The amount of drug substance you had in possession was enough for use, selling, or distributing.
  • You had the intent to sell or resell the drug substance you allegedly had in possession.

Under the law, the term possession means you had control of an illegal drug substance during the time of the arrest, and this control could be actual, joint, or constructive, as mentioned above. To prove you had the intent to sell or resell the drug substance you allegedly had in possession, the prosecutor will need extra pieces of evidence.

Below are common ways the prosecutor may use to prove that you had the intent to sell or resell the illegal drug substance that you had in possession:

  • The amount of drug substance you had in possession exceeds the amount allowed for personal use. For example, possession of more than 28.5 grams of marijuana shows that you had the intent to distribute or sell it.
  • The packaging of the drug was in bindles or separate containers/baggies.
  • You had scales or weighing equipment.
  • Several people visit your home or residential place, staying for only a few minutes.
  • You had lots of cash, particularly in small denominations.

According to HSC 11351, possession of illegal/controlled drug substances for sale is a felony. A conviction for violating this statute can make you subject to a fine amounting to up to $20,000 and a prison term of two (2), three (3), or four (4) years in the county jail.

Alternatively, a reliable and experienced defense attorney might be able to convince the court to award you probation and a prison term of one year. You need an experienced attorney in your corner if you are under arrest for a drug charge involving possession of illegal or controlled drug substances.

Sale/Transportation of an Illegal or Controlled Drug Substance

HSC 11352 makes it illegal to furnish, sell, give away, administer, import, or transport any controlled drug substance. For the sake of this statute, the term "transportation" means carrying or moving controlled drug substances from one place or location to the next, regardless of the distance. Recognizable ways you can transport an illegal drug substance under the law is by:

  • Walking.
  • Riding a bike.
  • Using transportation means like plane, train or car.

During an investigation for unlawful sale or transport of controlled drug substances, law enforcement officers have the authority to conduct undercover or sting operations to "catch" a suspect in this business.

A sting operation is where an undercover police officer poses as a seller or buyer of an unlawful drug substance with the intent of catching suspects who are participating in this business. Most arrests for transportation or sale of illegal drug substances come to the attention of the police officers through a confidential informant.

Regardless of the circumstances that lead to your arrest, sale, or transportation of illegal/controlled drug substances is a felony offense under HSC 11352. To secure a conviction against you, the prosecutor must prove to the court the following elements of the crime beyond a reasonable doubt:

  • You were aware of the drug substance’s.
  • You were aware of the nature of the drug as a controlled substance.
  • The controlled drug substance in question was in large quantity, meaning it was not for personal use.

Typically, transportation of illegal/controlled drug substances can attract the following penalties if the court finds you guilty of this offense:

  • A prison term of three(3), four(4), or five(5) years.
  • Formal probation.
  • A maximum fine of $20,000.

If there are aggravating factors in the context of your case, you will face harsher penalties than the basic penalties mentioned above. Below are some of these aggravating factors:

  1. Selling Controlled Drug Substances Near Homeless Shelters or Drug Treatment Facilities

If this aggravating factor exists in your alleged drug charge case, you might be subject to an additional and consecutive year in jail if the following facts are true:

  • The controlled drug substance you were transporting was cocaine, heroin, or cocaine base.
  • Drug trafficking took place within 1000 feet of a homeless shelter or drug treatment center.

  1. You Transported Large Quantities of Cocaine or Heroin

Depending on the amount you had in possession during the arrest, you might be subject to an additional term in the state prison, ranging from three to twenty-five years for transporting large quantities of these harmful drug substances. Further, you might also have to pay an extra fine ranging from $1,000,000 to $8,000,000.

  1. Past Convictions

A prior conviction will count as an aggravating factor during a sentencing hearing for this offense conviction. In that case, a past felony conviction for violating any drug law will attract an additional and consecutive prison term of three years.

Apart from all the above detrimental consequences following a conviction for sales and transportation of illegal drug substances, you might also be subject to adverse immigration consequences if you are a non-citizen.

Like other drug crimes, sales and transportation of illegal or controlled substances count as a crime of "moral turpitude," meaning it can lead to deportation under federal immigration law.

Manufacturing a Controlled Drug Substance

According to HSC 11379.6, it is unlawful to manufacture any controlled substance. Although you can consume or smoke marijuana without processing it significantly, other controlled drug substances like methamphetamines, ecstasy, or cocaine require mixing ingredient chemical compounds.

In this context, "manufacturing" illegal or controlled drug substances means you were a participant in any step of the drug production process. Additionally, supplying manufacturers with chemicals and equipment to aid in producing or processing controlled drug substances can also make you subject to this drug charge.

To convince a judge or jury that you are a participant in manufacturing a controlled drug substance, the prosecutor must prove and demonstrate each element of the crime beyond a reasonable doubt. Below are aspects or elements of the crime in this drug charge:

  • You were knowingly a participant in any step of manufacturing, compounding, producing, and preparing a controlled drug substance.
  • You were aware the drug substance in question was a controlled substance or illegal.

According to the prosecutor's evidence, if the above elements of the crime are factual, you will be subject to the following possible penalties under HSC 11379.6:

  • An incarceration term of 3, 5, or 7 years in the state prison.
  • A fine amounting up to $50,000.

Like sale and transportation, manufacturing illegal or controlled drug substances will also attract sentence enhancements under the law, meaning you will receive an additional prison term on top of the above sentences.

For example, if large quantities of controlled drug substances were involved, you would be subject to fifteen years' additional and consecutive prison term on top of the above basic penalties. Remember, you would also be guilty of this offense even if you didn't manage to complete the drug manufacturing process.

A felony conviction for violating HS 11379.6 can cost you your deserved freedom and alter your life forever, as you can see above. Hiring the right credible defense attorney during these challenging times is vital to increase the available chances of fighting this detrimental criminal charge for the best possible outcome.

Under the Influence of Drugs

Being under the influence of specified controlled drug substances or any narcotic without a doctor's prescription is also unlawful, according to HSC 11550. Being under the influence of marijuana is excluded from this section of the Health and Safety Code.

You might be subject to this drug charge if a law enforcement officer can notice or detect in any way that you are under the influence, even if you are not showing any signs of intoxication or impairment.

During your case's trial, the prosecutor with jurisdiction over your case must meet the burden of convincing the judge beyond a reasonable doubt that you are guilty of this offense. Below are elements of the crime he/she will have to prove during this stage of the prosecution process to secure a conviction against you for violating HSC 1155O:

  • You willfully and knowingly used a controlled drug substance.
  • You were willfully and knowingly under the influence of the drug substance in question.

For the sake of this statute, the use of a controlled substance must be current, meaning the taking of the drug substance in question was immediately before the arrest. "Immediately before the arrest" in this context could mean the use of the controlled substance was five days before the arrest as long as you were not experiencing withdrawal symptoms.

On the other hand, being under the influence of a controlled drug substance means the drug was affecting your:

  • Nervous system.
  • Physical or muscle condition.
  • Mental or brain condition.

When police officers detain you for allegedly being under the influence, they may need the professional services of a Drug Recognition Expert (DRE) at the scene to determine whether you are intoxicated or not.

Being under the influence of an unlawful or controlled substance is a misdemeanor offense that can attract the following consequences if you are guilty of the charge:

  • One year incarceration term in the state prison.
  • Informal probation.
  • Performing community services.
  • Mandatory enrolment in a drug counseling program.

Apart from the above penalties, a conviction for violating HSC 11550 can also affect your immigration status if you are a non-citizen because it is a crime of "moral turpitude."

Prescription Drug Fraud

Prescription drug fraud is also another common drug crime chargeable under the law. Prescription drug fraud is an offense that mainly involves doctors and patients. A patient commits this offense when he/she uses misrepresentation, fraud, deceit, or subterfuge to obtain prescription drugs illegally.

On the other hand, doctors or medical experts commit prescription drug fraud when they write unlawful prescriptions. Most prescription drug cases will involve the following types of prescription drugs:

  • Oxycodone.
  • Hydrocodone (Vicodin).
  • Valium.
  • Xanax.
  • Morphine.

According to HSC 11173, fraudulently obtaining or attempting to obtain prescription drugs can make you subject to misdemeanor or a felony penalty because it is a wobbler offense. A misdemeanor conviction for committing prescription drug fraud will make you subject to the following possible consequences:

  • A total fine of up to $1,000.
  • Incarceration term in the county jail for a maximum of one year.
  • Informal probation.

On the other hand, a felony conviction for violating HSC 11173 will attract the following potential penalties:

  • A total fine of up to $20,000.
  • An incarceration term in the county jail for a maximum of three years.

In knowing whether to file your alleged prescription drug fraud case as either a misdemeanor or a felony, the prosecutor presiding over the case will consider the following factors:

  • Your criminal record.
  • Circumstantial evidence surrounding the case.

You need a credible and aggressive defense attorney to counter prescription drug fraud charges against you to achieve a desirable outcome at each stage of the criminal justice system.

How Defense Attorney Can Help You Following an Arrest for any Alleged Drug Charge

A conviction for any drug charge can significantly alter many aspects of your life even after serving your prison term and paying all your dues because this charge will remain on your criminal record. Unless you obtain an expungement, a conviction for any drug charge conviction will remain on your criminal record.

That means prospective employers and landlords will know you have a criminal history, making it challenging to find reliable employment or an apartment to rent. Being under arrest is a challenging and stressful experience, even if you are an attorney. Here is how an experienced drug crime attorney can help you following an arrest for any drug charge:

Posting Bail

As you might be aware, following an arrest, the arresting officers will detain you before your alleged case hearing, which will typically happen within less than forty hours. To stay out of custody, you will have to post bail to act security for your freedom. The bail process can be confusing, especially if it is your first time in police custody.

However, an attorney can make this process less stressful and possibly convince the judge to release you on bail during the arraignment hearing because you aren't guilty of the alleged drug charge yet.

Countering the Alleged Drug Charges Against You During the Trial

At the trial hearing, you will depend on your defense attorney to provide the court with viable pieces of evidence and facts to convince the jury beyond a reasonable doubt that you are innocent of the alleged drug charge. Below are common defense arguments applicable and viable in most drug charges:

  • Entrapment was the cause of your alleged drug charge.
  • Your arrest for the alleged drug charge was not lawful because the was police misconduct, for example, illegal search and seizure.
  • The illegal or controlled substance in question didn't belong to you, especially if your alleged drug charge case involves possession of the substance.
  • The drug substance in question was not a controlled substance or illegal.

Raising doubt on the prosecutor's drug charge against you can convince the jury or the judge to dismiss or reduce the alleged drug charge against you. Don't hesitate to secure the services of a criminal defense attorney if you are under arrest for any drug charge to increase your chances of achieving the best possible result at each stage of the criminal justice system.

Find a Defense Attorney Near Me

The reliable criminal defense attorneys at California Criminal Lawyer Group in Sacramento have significant experience on various drug crimes chargeable and punishable under the law. Call us at 916-775-7660 as soon as possible if you are under arrest for any drug crime for an aggressive legal representation that you deserve to achieve the best possible results.