Drug crimes is a general term that refers to drug related crimes such as possession of illegal substances, distribution of illegal drugs, cultivation of illegal substances and issues related to medical marijuana among many others.
Unlawful Possession Of Controlled Substance: Health and Safety Code § 11350
Drug possession refers to having illegal drugs or narcotics on one’s persons for any reason whether it is for the purpose of sales and distribution or for personal use.
In order to be convicted of this crime, a prosecutor must prove:
- You had control over the drug or had the right to do so
- You knew of the drug’s presence
- You knew of its nature as a controlled substance
- There was sufficient amount of the drug to be used as controlled substance
Possession of a controlled substance used to be typically charged as a felony. However, after the passage of Proposition 47 in California, most simple possession related drug crimes in California are now misdemeanors. If you are convicted of a misdemeanor violation, you may face up to one (1) year in county jail and a $1,000.00 fine. However, depending on the facts of your case, you could be charged with a. felony under HS 11350(a), punishable by 16 months, two (2) or three (3) years in state prison.
Drug Possession With Intent to Sale: Health and Safety Code § 11351
Drug sales and distribution involves trading illegal drugs or substances for money, resources or any kind of service, and the penalty for conviction will change depending on if the substance was marijuana, heroin, cocaine, or other substances.
In order to be convicted of this crime, a prosecutor must prove:
- You possessed or purchased the drug
- Knew you did so
- Knew of the Drug’s nature as a controlled substance
- Possessed enough of the drug to use or sell
- Possessed the drug with the intent to sell or purchased the drugs with the intent to resell them
Possessing a controlled substance with the intent to sell is a felony. If you are convicted, depending on the circumstances, you can face anywhere from one (1) year in county jail and probation to four (4) years in California state prison and a $20,000.00 fine.
Selling or Transportation of a Controlled Substance: Health and Safety Code § 11352
In order to be convicted of selling or transportation of a controlled substance, a prosecution must prove:
- You sold, transported, furnished, administered, or gave away any type of drug described under the United States “Controlled Substance Act”
- You knew of the drug’s presence and nature as a controlled substance
- There was enough of the drug to be used as a controlled substance
Selling or transporting substance is a felony. If you are convicted, depending on the circumstances you can face anywhere from one (1) year in county and probation to up to five (5) years in California state prison and a $20,000.00 fine.
Additionally, at the Law Offices of Melody S. Rahimi, other common types of drug charges that we handle include:
- Sale of controlled substance to minor: Health and Safety Code § 11353
- Possession of marijuana for sale: Health and Safety Code §11359
- Possession of non-narcotic: Health and Safety Code § 11377
When facing a drug offense in California, an experienced criminal defense attorney like Melody will be able to help you explore alternatives to jail time such as drug diversion programs or deferred entry of judgment that will allow the charges against you to be completely dismissed. Call Melody today to help you fight your charges!
18653 Ventura Blvd, Suite 245
Tarzana, CA 91356
Phone: (818) 305-5306
Email: Questions@RahimiLegal.com
