If you’ve been accused of a drug-related crime in California, it can feel overwhelming. Understanding California’s drug possession laws and the potential consequences of drug charges in California is a crucial first step. As an experienced criminal defense attorney, I, Gregory Comings, am here to guide you through the complexities of these charges. At Comings Law, we focus on defending individuals facing drug offenses, including drug possession, drug trafficking, and related charges. We aim to protect your rights, carefully examine the evidence against you, and work toward the best possible outcome.

California’s Laws on Drugs 

California distinguishes between drug offenses based on: 

  • The type of drug, 
  • How much you allegedly possessed, and 
  • What you allegedly intended to do with the drugs. 

California’s laws on drugs use two important terms: “drug” and “controlled substance.” Under California law, a drug is a substance that can alter the body’s physical or mental state when consumed. Controlled substances are chemicals and drugs regulated by the federal government. Examples of controlled substances include cocaine, methamphetamine, heroin, and prescription medications like oxycodone.

Possession Offenses

California law establishes two basic possession-based drug offenses.

First, you commit possession of a controlled substance if you:

  • Have a controlled substance within your possession or a place that belongs to you,
  • Knew that the substance was present, and 
  • The amount you possessed was usable.

You commit possession of drug paraphernalia if you:

  • Possessed an item designed for or used in connection with a controlled substance, 
  • Knew that you possessed the item,
  • Knew what the item was used for, and
  • Used or intended to use the item in connection with illegal drug activities.

Paraphernalia refers generally to items that enable or modify the use of drugs, like pipes (glass or metal), needles, or measuring devices.

Selling, Manufacturing, Trafficking, and Distribution Charges

Crimes related to participation in the drug trafficking process are typically treated as more serious than mere possession charges. 

You commit possession with intent to sell if you:

  • Knowingly possess a controlled substance,
  • Possess more of the substance than someone might have for personal use, and
  • Intended to sell that substance.

You commit drug trafficking and distribution if you:

  • Knowingly possess a controlled substance,
  • Possess more of the substance than someone might have for personal use, 
  • Intended to sell that substance, and
  • Moved the substance across state or national lines.

You commit manufacturing of drugs if you knowingly participate in the process of creating or producing a controlled substance. Additionally, possessing certain chemicals and equipment commonly used in manufacturing drugs can lead to additional charges.

Penalties for Drug Possession Charges in California

The varying drug possession charges in California have different penalties, as follows:

  • Possession of a controlled substance: misdemeanor, up to a $1,000 fine and one year in a county jail;
  • Possession of drug paraphernalia: misdemeanor, up to a $1,000 fine and six months in county jail;
  • Possession with intent to sell: felony, up to a $20,000 fine and two to four years in state prison; and
  • Drug trafficking and distribution: felony, up to a $500,000 fine, and three to nine years in state prison.

If you commit an offense near a school or if the offense involves a minor, these penalties may increase.

Alternative Sentencing Options

While the penalties for drug offenses in California can be severe, alternative sentencing options may reduce the impact of a conviction. These programs typically involve:

  • Non-violent offenses,
  • Enrollment in drug treatment programs, 
  • Counseling, and 
  • Random drug tests.

If you complete one of these programs, the state may dismiss your charges or even remove them from your record.

Potential Defenses

Several legal defenses can help dismiss charges or reduce penalties for drug offenses in California. For example, you may argue the police violated the Constitution during your arrest or that you did not know crucial details about what the substance was.

How Comings Law Can Help

At Comings Law, we understand what can happen and what your options are when facing drug charges in California. We can help you understand California’s drug laws and develop a defense strategy tailored to your case. Whether you are charged with misdemeanor or felony charges, we will work to secure the best possible outcome—a reduced sentence, alternative sentencing, or even dismissal. If you have been charged with drug-related offenses in California, do not hesitate to reach out. Contact Comings Law today to explore your options.