Drug Use California: California Drug Crimes

In the United States, controlled substances are strictly regulated under state and federal drug laws. It is against the law to possess, cultivate, manufacture or distribute illegal drugs such as marijuana, cocaine, LSD, ecstasy and heroine. It is also unlawful to commit prescription fraud crimes. Such crimes include obtaining a prescription by untruthful means, selling prescription medication to someone other than the person to whom it was prescribed or selling prescription medications in a “back door” pharmacy type operation.

Drug crimes can be charged against a single person with a small amount of marijuana, or a high school student selling ecstasy or someone trafficking large amounts of cocaine across state lines. Since drug crimes cover such a wide spectrum of offenses, almost no one can evade the potential of being convicted, whether an upstanding citizen or a career criminal.

Drug Crimes in California

Let’s take a look at a few of the specific criminal offenses that pertain to drugs, under California law:

“Possession of a Controlled Substance” – Health and Safety Code Section 11350
“Possession for Sale of Narcotics” – Health and Safety Code Section 11351
“Sale or Transportation of a Controlled Substance” – Health and Safety Code Section 11352
“Possession of Drug Paraphernalia” – Health and Safety Code Section 11364
“Possession of Methamphetamine” – Health and Safety Code Section 11377
“Manufacturing Drugs & Narcotics” – Health and Safety Code Section 11379.6
“Under the Influence of a Controlled Substance” – Health and Safety Code Section 11550

A defendant may face criminal charges related to possession of a controlled substance or may be arrested and charged for manufacturing, transporting or selling drugs. A defendant may even be criminally charged for being “under the influence” of an illegal drug.

These crimes are frequently charged against minors. In these cases they are considered juvenile crimes and are typically handled in the juvenile courts. Unfortunately, minors can be easily influenced by their peers and wind up partaking in the illegal consumption or sale of drugs such as marijuana, their parents’ prescription medication, or exchanging club drugs at parties or nightclubs. How the minor’s case is handled by the prosecution will depend upon their age, the nature of the drug offense and any prior criminal history. An experienced attorney can help both the minor and the parents by aggressively pursuing the lightest sentence possible, so as to avoid serious penalties for the accused.

A suspect can be arrested and convicted of any type of offense related to an illegal controlled substance. Possession of a small amount of drugs for personal use, drug paraphernalia on a person or in their control or growth of one or more marijuana plants are all illegal acts. Nearly any type of activity connected with drugs is criminalized and can be punished to the full extent of the law. For this reason, it is essential that a person who is arrested retain the services of a highly experienced criminal defense lawyer who can use their experience and negotiation skills to alleviate the criminal consequences that the accused faces.

Penalties for Drug-Related Offenses

Drug crimes range in severity with the possession of a small amount of marijuana for personal use being a “lesser” drug offense, and running a full scale drug trafficking operation being a much greater offense. The crimes can be prosecuted as a misdemeanor or a felony, depending on a variety of factors. For example, the type, amount and intent are all taken into consideration when making a charge. The prosecution and the judge will also evaluate whether the suspect has a prior criminal history, and they will examine the circumstances surrounding the case. A skilled criminal defense attorney can help you defend your rights and make sure that the more positive aspects of the situation do not get overlooked by the prosecution. These tactics will help ensure that you are not sentenced with harsher penalties than necessary.

Someone found with less than an ounce of marijuana on their person will most likely face misdemeanor penalties whereas someone found operating a methamphetamine lab will face felony charges and years behind bars. Whenever a person is arrested for a drug crime it is always in their best interests to seek legal representation from a private criminal defense attorney. Even if someone is found in possession of a small amount of drugs for recreational use, their arrest and subsequent criminal conviction could have a lasting effect on their family and their future career. Having the right lawyer on your side during the criminal process could mean the difference between spending time behind bars or being placed on probation. Especially if it is your first arrest or offense, there may be alternatives to jail available that might allow you to maintain your freedom and avoid a lengthy term sentence. You are urged to take a moment to contact a criminal defense lawyer in your area who can work on your behalf, aggressively seeking the least severe criminal penalties for you.

Portugal Drug Use Drops 10% After Legalizing (BBC/ Official Statistics) – Drug War Usage and Violence Statistics US and Abroad: www.youtube.com – Increased drunkenness arrests by? 41% during alcohol prohibition (msnbc) – Portugal drug use decreased by 10% in the 8 years following drug decriminalization (bbc/ official statistics) – Holland’s minister of health cites half marijuana usage for adults and teenagers over there. legal 16 and up. (Jim Gray) – Ron Paul cites a “massive” increase in the usage of marijuana since we criminalized it in 1937 (CNN)

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