California law still provides severe penalties for some drug-related crimes despite the changes in law reducing some drug felonies to misdemeanors and allowing the medical and recreational use of marijuana. Offenses involving the sale of Meth, PCP, heroin, or unauthorized prescription medications like Vicodin and Oxycodone can result in serious penalties, if convicted. The regulation of unlawful substances falls under state and federal statutes. Prosecutors and federal enforcement officers impart immense efforts to investigate, uncover, and charge drug traffickers.

If you or a loved one are facing a drug offense charge in Pasadena or the surrounding Los Angeles County, attorney Ann Gottesman is eager to listen to your story, investigate all possible defenses, protect your constitutional rights, and work to find the best outcome for your case! 

Drug Offenses Explained

Under the law, any activity involving the illegal use of a controlled substance can be categorized as a drug offense, which can be prosecuted as a misdemeanor or a felony depending upon the statute that is being violated. Typically, drug offenses revolve around the possession, manufacturing, trafficking, transportation, sale, and distribution of a controlled substance. Drug crimes also involve activities like prescription drug fraud. The severity of the charges you may face depend on the type and amount of drugs involved and your prior criminal history, if any. The charges you face will also depend on where the offense occurred, such as, whether it was near a school or childcare facility.

The standard drug offenses are as follows:

Possession of a Controlled Substance — Health And Safety Code Section 11350(a)

This statute outlines the unlawful possession of a controlled drug or substance without a prescription. Legal prescriptions and illegal drugs are regulated under HSC 11350(a). You can face drug charges if you are caught in possession with drugs not prescribed to you, a fraudulent prescription, unlawful drugs such as heroin, cocaine, ecstasy, methamphetamine, or other illegal substances.

Many factors will come into play when you are arrested for possessing a controlled substance. These factors will determine the resulting drug charges. Simple possession convictions often attract a mild punishment like attending a state-organized drug program. Serious convictions attract high fines or even jail terms.

Under HS 11350(a), the most common controlled substances are as follows:

  • Fentanyl derivatives.
  • Depressants like lysergic acid, amobarbital, PCC, PCM, and PCP.
  • Anticonvulsants.
  • Hallucinogens like LSD, mescaline, peyote.
  • Synthetic cannabinoids.
  • Anabolic steroids like ketamine, testosterone, and nandrolone.
  • Stimulants like Meth, ecstasy, MDMA, molly, and cocaine.
  • Opium and opiates derivatives like hydrocodone, oxycodone, psilocybin, methadone, and codeine.
  • Heroin.

When the prosecutor raises the allegations against you of violating HSC 11350(a), the law requires that he/she proves the following elements:

  • First, you unlawfully possessed a controlled substance.
  • Second, you knew of the presence of the controlled substance.
  • Third, you know the nature of the substance as a controlled substance.
  • Finally, you had a sufficient quantity of the substance such that it is a usable amount.

You will likely face misdemeanor charges if the prosecutor finds you guilty of violating HSC 11350(a). The penalties you could face include the following:

  • A jail term that does not exceed one year in a county jail.
  • A fine that does not exceed $1,000.

The defenses you could present to fight the HSC 11350(a) charges include but are not limited to the following:

  • Illegal search and seizure.
  • Legal prescription.
  • No constructive or actual possession.
  • No knowledge of the drug being present and it was not yours.
  • The substance was not an illicit drug or there is insufficient evidence to show that is was.

 Possession For Sale of a Controlled Substance — Health And Safety Code Section 11351

You could face severe charges for possessing a controlled substance for sale if you are guilty under HSC 11351. However, the prosecutor must provide ample evidence to prove the following elements of the offense for you to face conviction:

  • You had a controlled substance on your person or an area under your control, like your vehicle.
  • You knew that the substance was in your person or vehicle.
  • You knew that the substance you possessed was a controlled substance.
  • You intended to sell the controlled substance.
  • You possessed a usable amount of the controlled substance.

 The typical evidence that the prosecutor can present to prove an accused is guilty under HSC 11351 includes:

  • Large amounts of money.
  • High quantities of the controlled substance and no presence of drug paraphernalia.
  • High quantities of any other types of controlled drugs.
  • Weighing scales and drug packaging materials.
  • Other proof of controlled substance transactions like ledgers.
  • Text messages from cell phones at the scene or “burner” phones.

 If a jury or judge finds you guilty of violating HSC 11351, you could face consequences that could change your life in serious negative ways. For example, a conviction of a felony drug offense could bring with it a jail term, community service, probation, and other penalties could. A skilled criminal defense attorney can help you return to your normal life and possibly avoid some or all of the consequences flowing from the criminal arrest.

In some cases, possessing a controlled substance for sale is charged as a felony. However, the severity of your punishment will differ based on the type and quantity of the substance you possess as well as your prior criminal record. For example, if the prosecutor charges you with possession of a controlled substance for sale, such as cocaine, you may face a jail term that does not exceed four years in custody.

However, the prosecutor will enhance the penalties for additional weight. For example, if you possess a controlled substance for sale of more than 80 kgs, you will have an additional jail term of 25 years to your prison sentence.

Some of the defenses you could raise to contest HSC 11351 charges include the following:

  • Your constitutional rights were violated when the police seized the substance through an illegal search and/or seizure.
  • You had no intent to sell the controlled substance.
  • The controlled substance belonged to someone else.
  • They were not in your actual or constructive possession.
  • Defense of necessity: You were forced to possess and sell under threat of death or GBI (such as in cases where a “mule” is used by the cartel).

 Sale or Transportation of a Controlled Substance — Health And Safety Code Section 11352

It is an offense under HSC 11352 to illegally transport, administer, give away, or import a controlled substance with the intent to sell. (If transporting a personal amount of an illegal drug for personal use then the prosecution can NOT charge the accused under this section for transportation. The accused would only be potentially guilty of a misdemeanor for possession.) The elements of HS 11352 include:

  • You furnished, sold, administered, or transported a controlled substance.
  • You knew of the existence of the controlled substance.
  • You knew the nature or character of the substance as a controlled substance, and
  • The controlled substance was in a usable amount.

When prosecuted, a violation of HSC 11352 is charged as a felony. If accused, you could face the following penalties:

  • A fine not exceeding twenty thousand dollars.
  • Felony or formal probation.
  • If the jury or court finds you guilty of trafficking the substance across at least two county lines, you will face a jail term of three, six, or nine years in county jail. If you did not cross state lines then you could also face a jail term of three, four, or five years under the realignment program.

If the judge grants you probation, you may have to adhere to the following conditions:

  • Paying court costs.
  • Avoiding any additional criminal behavior (no new arrests).
  • Accepting to submit to police searches without probable cause.
  • Counseling.
  • Completing a drug treatment program.
  • Community service.
  • Undergoing random drug testing.
  • Meeting with the probation officer regularly.

Aggravating factors can enhance your HSC punishment. For example, if the Court or Jury finds you guilty of a drug crime involving heroin or cocaine, your imprisonment will be enhanced as follows:

  • If your drug exceeds one kilogram, you could face three years enhancement.
  • You could face five years of enhancements if your drug exceeds four kilograms.
  • You could face ten years of enhancement if your drug weighs at least ten kilograms.

 Depending upon the facts, an accused could argue a defense to HSC 11352 charges by claiming:

  • It was an entrapment.
  • Lack of knowledge.
  • Police misconduct.

Possession Of Meth– Health And Safety Code 11377(a)

In most cases, it is a misdemeanor offense under HS 11377(a) for anyone to possess methamphetamine for personal use. (It could be filed as a felony in some cases if the accused has a prior conviction as a sex offender or suffers from a prior strike.) Often, methamphetamine is a drug that carries a particularly negative connotation. As a result, a conviction can harm a person’s job and reputation as well as put their freedom at risk. Luckily, there are often times ways a defense attorney can help their client avoid a conviction, especially on a first offense.

The elements of the offense under HSC 11377 include:

  • You unlawfully controlled or possessed Meth or another substance that contains Meth.
  • You knew of the presence of Meth.
  • You knew that what you possessed was a controlled substance.
  • You had a usable amount of Meth.

Initially, prosecutors used to prosecute possession of Meth as a wobbler. However, on November 4, 2014, the law changed. Proposition 47 changed the statute, so now the prosecutor cannot charge a person with personal possession of methamphetamine as a felony.

If the prosecutor charges you with a misdemeanor, you could face a jail term that does not exceed one year in a county jail. You could also face a fine that does not exceed $1,000.

If you possess Meth that exceeds one kilogram, the prosecutor could enhance your jail term to three to fifteen years in prison. You will face a jail term that does not exceed one year if you have a prior conviction. You could also participate in community service or probation.

Additionally, if you are convicted of possessing or selling methamphetamine, you could face the following repercussions:

  • Loss of a professional license or employment.
  • You could find it hard to secure a rental house.
  • It could be challenging to qualify for home mortgages and student loans.
  • Difficulty finding new employment.

You could challenge HSC 11377 charges as follows:

  • The police stopped you and searched your car without a warrant, and there was no probable cause.
  • The methamphetamine belonged to another person.
  • You had a valid prescription for the drug (although pure methamphetamine is not prescribed).

Possession Of Methamphetamine For Sale – Health And Safety Code 11378

It is a crime under HSC 11378 for anyone to possess Meth for sale. The elements that the prosecutor must prove under this statute include the following:

  • You were in unlawful possession of Meth.
  • You knew of the drug’s presence.
  • You were aware of the substance's characteristics as a controlled substance.
  • You had a usable amount of methamphetamine to sell or for consumption.
  • You possessed methamphetamine intending to sell it.

Possession of Meth for sale is charged as a felony. The penalties you could face include the following:

  • Felony or formal probation.
  • A fine that does not exceed $10,000.
  • A jail term of sixteen months, two years, or three years in county jail.

Some of the aggravating factors that could lead to sentence enhancements include:

  • If you possess Meth for sale within 1000 feet of a homeless shelter or a drug treatment facility, you could face an additional jail term that does not exceed one year.
  • If you used a child to sell Meth, you could face an additional three, six, or nine years in prison.
  • If you possessed Meth that exceeded one kilogram, you could face an additional three to fifteen years in state prison.

However, you could fight HSC 11378 charges as follows:

  • You are a victim of illegal search and seizure.
  • No possession.
  • You had no intent to sell.

Transportation for Sale of Methamphetamine – Health And Safety Code 11379

HSC 11379 defines the offense of transporting or selling Meth. You will face charges under this statute if the prosecutor finds you guilty of driving with Meth in your car, believed to be intended for sale. HSC 11379 also applies to cases of the exchange of methamphetamine with something of value. If the prosecutor accuses you of transportation for purposes of sale of Meth, he/she must prove the following elements:

  • You transported, gave away, administered, or exchanged Meth for money or something of value.
  • You were aware of the Meth's presence.
  • You were aware of the substance’s characteristics as a controlled substance.
  • You transported or sold a usable amount of Meth.

Some of the substances that fall under HSC 11379 include:

  • Certain anabolic steroids.
  • Ketamine.
  • Gamma hydroxybutyric acid.

The prosecution charges a violation of HSC 11379 as a felony. The penalties you could face include the following:

  • A fine that does not exceed $10,000.
  • A jail term that does not exceed four years in a state jail.

A conviction under HSC 11379 does not allow you to enroll in a drug diversion program instead of prison time. Additionally, the following factors could enhance your sentence:

  • If you used a child to assist, you would violate HSC 11379.
  • If you possessed Meth that exceeded one kilogram.
  • If you committed the crime in or close to a homeless shelter, a ’detox’ facility, or a drug treatment center.
  • If you were charged with transporting Meth across at least two or more counties to sell it.

The defenses you could use to fight your charges include:

  • You are a victim of illegal search and seizure.
  • The government entrapped you.
  • You had no intent to sell the methamphetamine.

Possessing Materials For Manufacturing PCP – Health And Safety Code 11383

It is an offense for any person to possess at the same time any combination of products, mixtures, or compounds intending to produce PCP or its derivatives. The prosecutor must prove the following elements for you to face charges:

  • You possessed certain chemical mixtures that can be used to manufacture PCP.
  • When you possessed the chemical mixture, you intended to use them to produce PCP.

The chemicals that fall under HSC 11383 include:

  • Cyclohexanone and morpholine.
  • Cyclohexanone and pyrrolidine.
  • Cyclohexanone and piperidine.

A violation of HSC 11383 is usually charged as a felony. Therefore, you could face the following penalties:

  • A fine that does not exceed ten thousand dollars.
  • A jail term that does not exceed six years in a county jail as opposed to state prison.

The judge can also grant you formal or felony probation instead of a jail term.

The defenses you could present against your HSC 11383 charges include the following:

  • You are a victim of illegal search and seizure.
  • You are a victim of mistaken identity.
  • No possession.
  • You had no intent to manufacture PCP.
  • Police misconduct that results in suppression of evidence.
  • The mixtures belonged to someone else.

Sale Of Synthetic Cannabis – Health And Safety 11357.5

It is a crime under HSC 11357.5 to sell, use, or give another person synthetic cannabis. Synthetic cannabis is harmful to the body since it causes psychoactive or psychotic effects. They also increase blood pressure and heart rate. If the prosecutor finds you guilty of this crime, you could face the following penalties:

  • A fine that does not exceed $1,000.
  • A jail term that does not exceed six months in a county jail.

Unlawful use or possession of synthetic cannabis can also be prosecuted as an infraction or a misdemeanor, depending on the number of times you committed the offense. The penalties you could face include the following:

  • A jail term that does not exceed six months in jail.
  • A fine.

The judge could also grant you a summary or misdemeanor probation instead of a jail term.

The defenses you could use to challenge HSC 11357.5 charges include the following:

  • You are a victim of false accusations.
  • No possession.
  • The substance you possessed was not synthetic cannabis.
  • Police misconduct.
  • You are a victim of illegal search and seizure.

Selling Or Transportation Of Marijuana Without A License – Health And Safety Code 11360

It is unlawful under HSC 11360 to sell, transport, import, or give away marijuana without a license. The elements the prosecutor must prove include:

  • You sold, transported, administered, or gave away marijuana.
  • You had no license to distribute marijuana.
  • You were aware of the substance’s nature as marijuana.
  • You were aware of its nature as a controlled substance.

The prosecutor could charge HSC 11360 as a misdemeanor or a felony. If the prosecutor charges you with a misdemeanor, you could face the following penalties:

  • A fine that does not exceed $500.
  • A jail term that does not exceed six months in a county jail.
  • If the prosecutor charges you with a felony, you could face a jail term of two, three, or four years in a county jail. However, this crime can only be charged as a felony under specific conditions, such as if you have 2 or more prior convictions of selling marijuana, you tried to sell marijuana to a person under the age of 18, you have a certain kind of serious prior conviction, or you imported or tried to import or transport out of state more than 28.5 grams of marijuana or more than 4 grams of concentrated marijuana for purposes of sale. 

You could also face serious collateral repercussions, including:

  • You could be banned for life from owning a gun.
  • Your criminal record could result in loss of employment or loss of a new employment opportunity.

The defenses you could use against your HSC 11360 charges include the following:

  • The police engaged in illegal entrapment.
  • You were providing marijuana to a medical patient and you are a proper caregiver.
  • You were not selling the marijuana (only applicable to felony).
  • You did not know that the "pot" was there.

Operating Or Maintaining A Drug House – Health And Safety Code 11366

It is a crime under HSC 11366 for any person to operate or maintain a drug house. If the prosecutor accuses you of violating HSC 11366, he/she must prove the following elements:

  • You opened and maintained a drug house.
  • You did so to continuously give away, sell, or allow others to use the controlled substance.

The judges often charge a violation of HSC 11366 as a wobbler. You could face misdemeanor or felony charges. If the prosecutor charges you with a misdemeanor, you could face the following penalties:

  • A fine that does not exceed $1,000.
  • A jail term that does not exceed one year in a county jail.

If the prosecutor charges you with a felony, you could face the following penalties:

  • A fine that does not exceed $10,000.
  • Jail confinement that does not exceed three years in state prison.

Additionally, under asset forfeiture laws, the property where a drug house is said to have been maintained could be confiscated.

The defenses you could raise to contest HSC 11366 charges include the following:

  • No repeated or continuous behavior.
  • You are a victim of illegal search and seizure.
  • The drugs were for personal use.
  • False accusations.

Operating A Vehicle With Marijuana Or Alcohol – Vehicle Code 23222(b)

It is an offense under VC 23222(b) for a motorist to drive a vehicle while possessing marijuana. The elements under this statute include:

  • You drove a vehicle.
  • You drove while possessing marijuana or alcohol in an open container or without a container.

Often, a VC 23222(b) violation is prosecuted as an infraction. For example, if you operate a vehicle with an open container of alcohol, you could face a fine that does not exceed $250. If you operate a vehicle with an open container of marijuana, you could face a fine that does not exceed $1,000.

The defenses you could present against your VC 23222(b) charges include the following:

  • There was no probable cause for the police to stop your vehicle.
  • You had permission to possess marijuana.
  • You were driving the vehicle while possessing marijuana or alcohol on a private road.
  • You are a victim of illegal search and seizure.
  • You were falsely accused.

Find a Criminal Defense Attorney Near Me

A criminal conviction is not the only punishment you could face for a drug offense charge. A drug crime charge can also negatively influence your employment prospects, finances, and personal life. Therefore, it is advisable not to despair or admit guilt after an arrest for a drug crime. Instead, you should call a skilled criminal defense attorney to protect your constitutional rights. You do not have to go about this journey alone! The Law Office of Ann Gottesman is ready to help you fight your drug charges. Ann is dedicated and compassionate with her clients. Call Ann at 626-710-4021 for a free consultation about your case.