top of page

DRUG CRIMES

California has many drug laws by which they can charge you. The most common drug charges are simple possession, possession with intent to sell, and manufacturing. Penalties for being convicted of any of these can range from probation to jail time. Do not face these charges alone, The Pitman Law Firm is here to help you.

Drug Crimes

If you wish to skip ahead, click on the link to the drug crime you are charged with:

Simple Possession

Possession With Intent to Sell

Manufacturing of a Controlled Substance

Health and Safety Code 11054 lists:

(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Acetylmethadol.

(2) Allylprodine.

(3) Alphacetylmethadol (except levoalphacetylmethadol, also known as levo-alpha- acetylmethadol, levomethadyl acetate, or LAAM).

(4) Alphameprodine.

(5) Alphamethadol.

(6) Benzethidine.

(7) Betacetylmethadol.

(8) Betameprodine.

(9) Betamethadol.

(10) Betaprodine.

(11) Clonitazene.

(12) Dextromoramide.

(13) Diampromide.

(14) Diethylthiambutene.

(15) Difenoxin.

(16) Dimenoxadol.

(17) Dimepheptanol.

(18) Dimethylthiambutene.

(19) Dioxaphetyl butyrate.

(20) Dipipanone.

(21) Ethylmethylthiambutene.

(22) Etonitazene.

(23) Etoxeridine.

(24) Furethidine.

(25) Hydroxypethidine.

(26) Ketobemidone.

(27) Levomoramide.

(28) Levophenacylmorphan.

(29) Morpheridine.

(30) Noracymethadol.

(31) Norlevorphanol.

(32) Normethadone.

(33) Norpipanone.

(34) Phenadoxone.

(35) Phenampromide.

(36) Phenomorphan.

(37) Phenoperidine.

(38) Piritramide.

(39) Proheptazine.

(40) Properidine.

(41) Propiram.

(42) Racemoramide.

(43) Tilidine.

(44) Trimeperidine.

(45) Any substance which contains any quantity of acetylfentanyl (N-[1-phenethyl-4-piperidinyl] acetanilide) or a derivative thereof.

(46) Any substance which contains any quantity of the thiophene analog of acetylfentanyl (N-[1-[2-(2-thienyl)ethyl]-4-piperidinyl] acetanilide) or a derivative thereof.

(47) 1-Methyl-4-Phenyl-4-Propionoxypiperidine (MPPP).

(48) 1-(2-Phenethyl)-4-Phenyl-4-Acetyloxypiperidine (PEPAP).

 

(c) Opium derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Acetorphine.

(2) Acetyldihydrocodeine.

(3) Benzylmorphine.

(4) Codeine methylbromide.

(5) Codeine-N-Oxide.

(6) Cyprenorphine.

(7) Desomorphine.

(8) Dihydromorphine.

(9) Drotebanol.

(10) Etorphine (except hydrochloride salt).

(11) Heroin.

(12) Hydromorphinol.

(13) Methyldesorphine.

(14) Methyldihydromorphine.

(15) Morphine methylbromide.

(16) Morphine methylsulfonate.

(17) Morphine-N-Oxide.

(18) Myrophine.

(19) Nicocodeine.

(20) Nicomorphine.

(21) Normorphine.

(22) Pholcodine.

(23) Thebacon.

(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subdivision only, the term “isomer” includes the optical, position, and geometric isomers):

(14) Mescaline.

(15) Peyote—Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds or extracts (interprets 21 U.S.C. Sec. 812(c), Schedule 1(c)(12)).

(20) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers.

(e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Mecloqualone.

(2) Methaqualone.

(f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its isomers:

(1) Cocaine base.

(2) Fenethylline, including its salts.

(3) N-Ethylamphetamine, including its salts.

Health Code 11055 Lists:

(b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

(1) Opium, opiate, and any salt, compound, derivative, or preparation of opium or opiate, with the exception of naloxone hydrochloride (N-allyl-14-hydroxy-nordihydromorphinone hydrochloride), but including the following:

(A) Raw opium.

(B) Opium extracts.

(C) Opium fluid extracts.

(D) Powdered opium.

(E) Granulated opium.

(F) Tincture of opium.

(G) Codeine.

(H) Ethylmorphine.

(I) (i) Hydrocodone.

(ii) Hydrocodone combination products with not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts.

(iii) Oral liquid preparations of dihydrocodeinone containing the above specified amounts that contain, as its nonnarcotic ingredients, two or more antihistamines in combination with each other.

(iv) Hydrocodone combination products with not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium.

(J) Hydromorphone.

(K) Metopon.

(L) Morphine.

(M) Oxycodone.

(N) Oxymorphone.

(O) Thebaine.

(2) Any salt, compound, isomer, or derivative, whether natural or synthetic, of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium.

(3) Opium poppy and poppy straw.

(4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine.

(5) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy).

(6) Cocaine, except as specified in Section 11054.

(7) Ecgonine, whether natural or synthetic, or any salt, isomer, derivative, or preparation thereof.

(c) Opiates. Unless specifically excepted or unless in another schedule, any of the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:

(1) Alfentanyl.

(2) Alphaprodine.

(3) Anileridine.

(4) Bezitramide.

(5) Bulk dextropropoxyphene (nondosage forms).

(6) Dihydrocodeine.

(7) Diphenoxylate.

(8) Fentanyl.

(9) Isomethadone.

(10) Levoalphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM. This substance is authorized for the treatment of narcotic addicts under federal law (see Part 291 (commencing with Section 291.501) and Part 1308 (commencing with Section 1308.01) of Title 21 of the Code of Federal Regulations).

(11) Levomethorphan.

(12) Levorphanol.

(13) Metazocine.

(14) Methadone.

(15) Methadone-Intermediate, 4-cyano-2-dimethylamino-4,
4-diphenyl butane.

(16) Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenylpropane-carboxylic acid.

(17) Pethidine (meperidine).

(18) Pethidine-Intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine.

(19) Pethidine-Intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate.

(20) Pethidine-Intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid.

(21) Phenazocine.

(22) Piminodine.

(23) Racemethorphan.

(24) Racemorphan.

(25) Sufentanyl.

-HS11054

Simple Possession

Simple possession of a controlled substance is actually defined in the Health and Saftey Code, not the Penal Code. Health and Saftey Code 11350 states:

Except as otherwise provided in this division, every person who possesses any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in county jail. - HS11350

As a note, the following lists all of the substances that California sets as controlled substances. If you do not wish to read all of the listed control substances Click Here to Skip to The Next Section.

Drug Possession

What The Prosecutor Has To Prove:

To be found guilty of possession of a controlled substance, the prosecutor has to prove:

  1. The defendant unlawfully possessed a controlled substance

  2. The defendant knew of its presence

  3. The defendant knew of the substance’s nature or character as a controlled substance

  4. AND the controlled substance was in a usable amount.

It should be noted that a "usable amount" is an amount that an average person would need to use the substance, not the amount the person arrested would need. Therefore, trace amounts would not be a usable amount to anyone. Unfortunately, possession in this instance does not just mean physical possession, but constructive possession as well. Constructive possession refers to the drugs being located in a place that you have control over, such as a closet or drawer. ​

Wobbler

The charge of Possession of a Controlled Substance is what is known as a "wobbler." What that means is that based on the facts of the case, the charge could be either a misdemeanor or a felony.

Penalties

If charged as a misdemeanor, the maximum penalty is one year in jail.

If charged as a felony, the maximum penalty is three years in prison. 

Defenses

There are a few defenses that can be used when facing a possession charge:

Lack of Possession

If it can be shown that you did not actually possess or constructively possess the drugs, then the case should be dismissed

Lack of Knowledge

Sometimes a person really did not know of the drug's presence. This can happen when someone is borrowing a car from a friend or family member, or possibly staying at their residence. 

Lack of knowledge of the substance nature of character is harder to prove, especially if you have a charge or conviction in the past. 

Not a Usable Amount

If the amount recovered falls into the category of a trace amount, then this is the best defense.

Lack of Probable Cause

This is another good defense. If the police did not have probable cause to search you, or your surroundings, then any evidence they obtained by way of that illegal search is inadmissible in court. 

Possession With Intent to Sell

California is very aggressive in prosecuting possession with intent to sell charges. It is almost always charged as a felony. 

The charge of possession with intent to sell is defined in Health and Safty Code 11351:

Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment. - HS11351

Note: All of the drugs referenced here are listed above in Simple Possession. 

Selling Drugs

What the Prosecutor Has To Prove

To be found guilty of possession with the intent to sell, the prosecutor has to prove:

  1. You did, in fact, possess a controlled substance.

  2. You were aware of the identity of the drug as a controlled substance.

  3. You possessed a sufficient quantity to make selling the drug possible.

  4. You had an intention to sell the illegally possessed drug.

Just as in simple possession, the possession with intent to sell can be actual or constructive. See above for an explanation of constructive possession. 

Notice how the prosecutor only needs to show that you had the intent to sell. The police officer did not actually have to witness the transaction occur. There are a few pieces of evidence that a prosecutor looks for as solid indicators that you had the intent to sell. 

1. Large Amounts Of Drugs

The term that is typically used is, possessing an amount of drugs beyond the use of a single person. If you possessed an amount that would basically allow you to use recreationally, or maybe you and a friend, then the charge starts to look a little weak, but if you had enough that would supply a number of people for a night, then you will have the amount that would look like intent to distribute.

2. Posessing Scales

Most users do not have scales on them at any given time. The use of scales is typically associated with dosing out drugs based on what is paid. Having multiple scales makes it even more definitive in the prosecutor's eyes that you had the intent to sell.

3. Small Baggies

Although users may have baggies from drugs they purchased in the past, they will not have a large amount of them. Typically if you posses a large amount of baggies, especially if they are new an unused yet, the prosecutor will see them as another indicator that you had the intent to sell.

 

4. Large Amounts of Cash in Small Denominations

Although it is not unusual for someone to have cash on them, it is unusual for someone to have a large amount of cash in several denominations. Although this is not as strong of an indicator as the others, the prosecutor could see it as a way for you to make change for purchasers and will use it to add to the other evidence to try and prove your intent to sell. 

Penalties

The maximum penalty for possession with the intent to sell is four years in prison.

Defenses

Lack of Possession

If it can be shown that you did not actually possess or constructively possess the drugs, or you did not intend to sell the drugs then the case should be dismissed or at the very least the charges reduced.

Lack of Knowledge

Sometimes a person really did not know of the drug's presence. This can happen when someone is borrowing a car from a friend or family member, or possibly staying at their residence. 

Lack of knowledge of the substance nature of character is harder to prove, especially if you have a charge or conviction in the past. 

Not a Usable Amount

If the amount recovered falls into the category of a trace amount, then this is the best defense.

Drugs Were For Personal Use

This is best used when there were no scales, baggies or money found when arrested. It is also good when the amount recovered could qualify for personal use. If this can be shown then the charge should be reduced to simple possession. 

Lack of Probable Cause

This is another good defense. If the police did not have probable cause to search you, or your surroundings, then any evidence they obtained by way of that illegal search is inadmissible in court. 

Manufacturing of a Controlled Substance

​The crime of manufacturing a controlled substance is defined in Health and Safety Code 11379.6:

Except as otherwise provided by law, every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 shall be punished by imprisonment. - HS1379.6(a)

The list of substances considered drugs in this code is listed above in Simple Possession.

Manufacturing Drugs

What makes this crime even more tricky is that you only need to offer to manufacture the controlled substance. Under section (e) for HS1379.6, it states that:

Except as otherwise provided by law, every person who offers to perform an act which is punishable under subdivision (a) shall be punished by imprisonment. - HS1379.6 (e)

What The Prosecutor Has to Prove

To be found guilty of manufacturing of a controlled substance, the prosecutor has to prove:

  1. You manufactured, converted, produced, processed or prepared a controlled substance, directly or indirectly, by chemical extraction or synthesis, and

  2. You knew it was a controlled substance; OR

  3. You offered to manufacture a controlled substance, and

  4. You intended to do so when the offer was made.

If you notice the manufacturing of the controlled substance does not need to be completed, only that you knowingly participated in any step of the process.

Penalties

The maximum penalty for manufacturing a controlled substance is seven years in state prison.

The maximum penalty for just offering to manufacture a controlled substance is five years in state prison.

Defenses

Did Not Reach The Stage of Manufacturing

If it can be shown that you were still in the initial stages of manufacturing, the charge may be reduced to just offering to manufacture. You may have just accepted to job, to perhaps even purchasing some of the chemicals or equipment, but no manufacturing has begun.

Lack Of Knowledge

This is a difficult defense to use, but sometimes if it can be shown you were sent to buy supplies, but did not know what they were for, then there may be a reduction in charges to a dismissal. 

Getting a Defense Attorney

Any drug charge is a serious charge. With your freedom on the line, do not face a trained prosecutor alone. At The Pitman Law Firm, we have experience in defending people from drug charges. The defenses listed above are not an exhaustive list. All cases are unique and as such may have other options available. If you are facing a drug charge in or around the Los Angeles area, call today for a free consultation. 

bottom of page