What are the Types of Drug Charges?

Illicit substances create a risk to public safety, taking the lives of close to 100,000 people each year.

California law defines a controlled substance to be illegal narcotics or any drugs that are not accompanied by a valid prescription. Drug charges often carry severe penalties but are largely dependent on the type of drug involved.

Anyone who has been up against drug allegations needs a Santa Barbara criminal defense attorney to defend these charges. In this article, our attorneys discuss the types of drug charges, penalties, and potential defenses.

Drug Charges and Penalties in California

California recognizes two broad categories of drug offenses: simple possession and possession with intent to sell. The regulation of drug use and distribution is enforced by the Uniform Controlled Substances Act.

Simple Possession

Under Health and Safety Code § 11350(a), if you are in possession of a controlled substance in the Golden State, this is often charged as a misdemeanor.

Simple possession is another way of saying that a person will be using the drugs for recreational use. If you are a first-time offender, you can expect to be incarcerated for up to one year in county jail and have to pay a fine of $1,000. Second-time offenders may be fined at least $2,000. If a defendant does not have the means to pay these fines, then community service may be performed instead.

Possession with Intent to Sell

Under Health and Safety Code § 11351, drug possession with an intent to sell is a felony. This applies to methamphetamine, oxycodone, opium, cocaine, LSD, and ketamine. Anyone who violates this section may be subject to imprisonment from two to four years.

Manufacturing a Controlled Substance

Health and Safety Code §11379.6 makes it a felony to “manufacture, compound, convert, produce, derive, process, or prepare…” a controlled substance. If you are found guilty of manufacturing charges, you may be spending three, five, or seven years in prison, along with having to pay a maximum fine of $50,000.

Drug Trafficking

Health and Safety Code §11352 makes it illegal to sell or transport a controlled substance. If you are convicted on drug trafficking charges, you may be spending up to nine years in prison, with a maximum fine of $20,000.

Affirmative Defenses

Just being charged with a drug crime does not automatically mean you will be convicted. A few affirmative defenses may be available to you. Affirmative defenses are defenses that justify your behavior, stating that even though you committed the charged crime, you have an excuse that should negate your criminal liability.

Affirmative defenses may include:

Illegal Search and Seizure

If a police officer found incriminating evidence at your home through an illegal search, then this evidence will need to be excluded at trial. If this evidence was key to the prosecution’s case, the state may have insufficient evidence to convict you.

Procedural Error

If you are arrested and a police officer plans on detaining you for questioning, then you must be read your Miranda rights. If this step was skipped, then any testimony you gave would be unusable in court.

Insufficient Evidence

A district attorney must be able to prove that you committed a crime beyond a reasonable doubt. If there is not enough evidence to meet that burden, then your charges may be dropped or dismissed.

Speak with a Santa Barbara, CA, Criminal Defense Attorney Today

If you have been charged with a drug crime, you need reliable counsel. Our criminal defense attorneys have decades of experience defending clients facing drug allegations, and we are more than happy to be at your service. Contact us today online or by phone to schedule your free consultation.