Aggressive Defense Solutions for a Variety of Charges
A conviction for drug crimes can result in serious penalties, including prison time. If you have been charged, you need experienced counsel with insights and knowledge into California drug laws. Visalia criminal defense lawyer Hayden Smith has represented clients charged with drug crimes for more than a decade.
California Drug Laws
Each state has its own definition of Controlled Dangerous Substances (CDS). In California, heroin, methamphetamine, cocaine, and other drugs are classified as controlled substances, as well as the compounds used in the manufacturing of the drugs. Drug crimes are classified according to possession or distribution and the penalties vary, according to the specific charges.
California drug possession laws include possession of drugs for personal use or with the intent to sell. Drug distribution laws criminalize the sale, import, transport, or transfer of controlled substances. Evidence that the intent is distribution, rather than possession, can include the quantity of drugs seized or finding additional items, such as scales, packaging materials, drug paraphernalia, or weapons.
The state has drugs listed according to "schedules" and the penalties depend on both the drug in question and whether the individual is charged with possession or distribution. In 2016, California voters passed Proposition 64, which allows adults over the age of 21 to possess up to 28.5 grams of marijuana and 8 grams of concentrated marijuana in their residence or a licensed establishment. Furthermore, individuals can grow up to six plants for personal use.
- California CDS schedules are as follows:
- Schedule I Drugs – Marijuana, opiates, opium derivatives, peyote, and mescaline
- Schedule II Drugs – Morphine, raw opium, and narcotics
- Schedule III Drugs – Anabolic steroids, pentobarbital, and hallucinogens
- Schedule IV Drugs – Zolpidem and diazepam
- Schedule V Drugs – Drugs containing codeine in low doses
Get in Touch with Our Visalia Criminal Defense Lawyer
The Law Office of Hayden G. Smith will investigate your case to look for possible defenses. Some common defenses for drug crimes may include medical necessity, the drug was prescribed by a doctor, drugs found during an unlawful search, entrapment or improper conduct by police, or problems with the lab analysis of the drug.
Contact our Visalia criminal defense lawyer at (559) 664-6933 for a free telephone consultation today.