Drug Possession Lawyer San Diego
Drug offenses are among the most common criminal charges in California. As a result, the law imposes strict punishment on drug crimes, depending on the number of times you’ve been accused and found guilty. The type of drug you possess also influences the harshness of the penalties you’ll receive.
At Superior Law Center, an experienced San Diego drug crime attorney will fiercely fight for your rights in court and get you the justice you truly deserve. Our law offices handle various drug crimes, including
- Marijuana possession
- Drug cultivation and manufacturing
- Drug possession
- Drug trafficking.
If you’ve been charged with a drug crime, call us today on (619) 743-9130. Our aggressive criminal defense attorneys will quickly evaluate your case. Then, we will help you create a powerful criminal defense that minimizes or eliminates the consequences in your case.
Read on to understand what California laws consider illegal drugs and the related penalties. Most importantly, you’ll learn the legal defenses you can use to avoid conviction.
What Drugs Are Illegal in San Diego, California?
Unlawful possession of a controlled substance is illegal in California. Controlled substances include illegal and specific prescription drugs that people commonly abuse.
The law classifies these drugs into five categories called “Schedules.” Drugs in Schedule I are the most dangerous, while controlled substances in Schedule V have the least adverse effects. As a result, offenses involving Schedule I drugs have more severe penalties than Schedule V.
These schedules influence the criminal consequences of using, possessing, or selling controlled substances in California. Here are the definitions and examples of illegal drugs in each schedule.
Schedule I
Schedule I entails drugs with the highest potential for abuse. These drugs currently have no accepted medical use and cause severe psychological effects as well as addiction. Examples of schedule I drugs include:
- Marijuana
- Heroin
- Peyote
- Lysergic acid diethylamide (LSD)
- Methaqualone
- Ecstasy
Schedule II
Schedule II drugs have a high abuse potential that is lesser than schedule I drugs. However, the law considers these drugs dangerous since they potentially cause severe physical dependence and adverse psychological effects. Schedule II drugs include:
- Cocaine
- Vicodin
- Ritalin
- Methamphetamine
- Dilaudid
- Meperidine.
Schedule III
Schedule III drugs cause moderate to low psychological and physical dependence. The abuse potential of Schedule III drugs is less than Schedule II, and Schedule I. Examples of Schedule III drugs are:
- Testosterone
- Ketamine
- Anabolic steroids.
Schedule IV
The potential for abuse of schedule IV drugs is lower than the first three schedules. Users of schedule IV drugs also have a lower risk of physical and psychological dependence. Examples of these drugs include:
- Valium
- Soma
- Xanax
- Ambien
- Talwin
- Tramadol.
Schedule V
Schedule V drugs are the least dangerous. They have the lowest abuse potential and user dependency. Examples of Schedule V drugs include:
- Parepectolin
- Robitussin
- Lomotil
What Constitutes a Drug Offense in California?
When facing drug-related charges, it’s important to know if California laws consider your situation an offense. The following California drug offenses explain who can be charged or get convicted.
Drug Possession
California laws criminalize you if you own illegal narcotics, including (but not limited to) cocaine, crack, heroin, ketamine, and ecstasy. It’s also an offense to possess prescription drugs like Vicodin that aren’t prescribed to you by a qualified professional.
Possession of Drugs with the Intent to Sell
According to California’s Health and Safety Code 11351, it’s a crime to own illegal narcotics with intent to sell. Possession with the intent to sell is a serious offense with heavier consequences than simple drug possession.
However, that doesn’t mean you will automatically get convicted. At Superior Law Center, we will fight for you with all possible means to eliminate the drug charges or reduce the penalties considerably.
Drug Transportation or Distribution
It’s a serious crime in California to distribute illegal drugs. The law charges you with a transportation drug offense if you supply or move state-regulated drugs from one place to another for trafficking purposes.
With a reliable San Diego criminal defense lawyer, you can expose violations of your constitutional rights and effectively defend yourself against drug transportation charges.
Drug Manufacturing
It’s a felony offense to produce, derive, or process a regulated drug. This offense carries the most severe consequences if the law finds you guilty.
"Eric is very good at being your voice in the field of law. If you need some that is responsible, when it come to taking care of your legal needs. This lawyer has gone the extra mile for me and so has the great people he works with. I thank you."
What Are the Penalties for Drug Offenses in California?
A prosecutor can charge you with a misdemeanor or a felony drug offense. Misdemeanor charges are less serious than felony offenses, making the penalties lighter. On the other hand, felony drug offenses have more adverse consequences.
Your criminal history, the types, and the amount of drugs involved in the charges determines whether you get sued with a felony or misdemeanor drug offense. The type of drug crime also influences the penalties you’ll receive if you get convicted.
For example, a prosecutor can charge you with a felony offense if they prove that you unlawfully possess state-regulated drugs intended for sale. Penalties for felony drug crimes include heavy fines and more than a year of jail time. The actual jail time depends on the California Health and Safety codes related to the offense.
On the flip side, simple drug possessions (like owning drugs for personal use) are misdemeanor offenses. The penalties include up to one year in prison and a maximum of $1000 fine. Instead of jail time, you can serve your sentence in drug treatment programs as a first-time offender in a misdemeanor case, depending on how your lawyer argues the case.
The results you will get from your case hugely depend on your lawyer’s tactics. That means you need a skilled attorney with a strong grasp of the California laws to represent you well through this difficult moment.
Attorneys at the Superior Law Center believe that everyone deserves justice. Therefore, we will dedicate our time and leverage our experience to help you avoid wrongful convictions.