Crack cocaine and powder cocaine are known by many street names, such as “coke,” “blow,” “rock,” “white,” and “powder,” depending on which drug is involved. Both are controlled substances that are illegal to use, purchase, or possess under California and federal law. It is also illegal to use or possess any equipment or paraphernalia that is used to smoke crack cocaine, snort powder cocaine, or otherwise store, distribute, weigh, package, or produce cocaine for sale or personal use.
Is Possessing Cocaine a Felony or Misdemeanor Charge in CA?
There are three basic types of criminal offenses in California:
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Felonies, which are the most serious offenses. In addition to carrying long prison sentences and thousands of dollars in fines, felonies on your record may also lead to additional consequences that misdemeanors do not, such as prohibitions on gun ownership or entry into other countries. If you accumulate multiple felonies, you risk a mandatory 25-year to life prison sentence under California’s “Three Strikes” law.
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Misdemeanors, which are less serious than felonies, but can still lead to jail time, expensive fines, driver’s license suspension, and a criminal record.
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“Wobblers,” which are crimes that can be prosecuted as misdemeanors or felonies depending on the circumstances surrounding the arrest and charge.
Possession of cocaine is typically a misdemeanor. However, cocaine possession is a felony for defendants who have previously been convicted of:
- Certain felonies, including violent sex crimes, murder, and gross vehicular manslaughter while intoxicated.
- Sex crimes that require registration as a sex offender, which are sometimes described as “registerable sex offenses.”
California cocaine possession laws include:
- Health and Safety Code § 11350, Personal Possession of a Controlled Substance — This law criminalizes the possession of cocaine, and many other controlled substances, for personal use. Drug possession for personal use is sometimes called “simple” possession.
- Health and Safety Code § 11351, Possession or Purchase of Cocaine for Sale — Possession of cocaine for sale is generally a more serious offense than simple possession. Possession of drugs for the purpose of sale or distribution is sometimes called “possession with intent to distribute” or “possession with intent to deliver” (PWID).
