Conviction for drug possession, trafficking, sale, or distribution carries devastating consequences in California - in State and Federal Court. The Controlled Substance Act is a consolidation of laws that regulate the possession, manufacture and distribution of narcotics, stimulants, depressants, hallucinogens, anabolic steroids, and chemicals used in the illicit production of controlled substances or illegal drugs. If you have been charged with an offense under the Controlled Substance Act, do not attempt to face the court system without representation from a criminal attorney who has experience in successfully defending clients charged with drug crimes.

Contact us online or call: 1-800-221-9935

The Controlled Substance Act defines 5 categories, or 'schedules', of drugs. This placement is based upon the substance's medicinal value, harmfulness, and potential for abuse or addiction. Schedule I is reserved for the most dangerous drugs that have no recognized medical use, while Schedule V is the classification used for the least dangerous drugs. See below Chart for Drug Schedules & Penalties

Drug offenses are among the most widely prosecuted crimes in the state of California. An experienced California defense attorney can help to get drug charges dismissed, or mitigate the potential penalties. Depending on your specific drug charge a lawyer may:

File Motions to Dismiss the charges based on illegal search and seizure; Initiate private investigations; Conduct witness interviews including interviews of eyewitnesses, police, informants, etc.; Review and Authenticate photographs, videos, tape recordings; Order or defend against polygraph examinations; Use doctors or other experts to analyze physical evidence and conduct forensic examinations.

Possible Charges

Drug charges cover a broad range of offenses, from the less severe, like simple possession of a small amount of certain drugs, to the more serious, such as participation in an ongoing drug-related criminal enterprise or manufacturing and distributing drugs:

- The crime of "simple possession" requires that the offender knowingly and intentionally possess a scheduled drug without a valid prescription.
- Manufacturing, delivering, or possessing with intent to deliver a controlled substance is a crime with escalating penalties depending on the drug involved, the quantity of the drug, and the offender's prior record. 
- The offense of "continuing criminal enterprise" is charged when the defendant commits a felony drug violation as part of a continuing enterprise or scheme with five or more individuals, and from which substantial income is derived.

California Drug Charges may include:

• Possession of Controlled Substances
• Possession With Intent to Sell or Distribute
• Possession of Drug Paraphernalia
• Cultivation and Sale of Marijuana
• Manufacture, Transportation and Sale of Controlled Substances
• Conspiracy to Manufacture or Sell a Controlled Substance
• Possession of Materials with Intent to Manufacture a Controlled Substance

Possible Penalties

Most states have drug laws that mirror the federal act, but the penalties may be less harsh and more flexible under state sentencing schemes than under the federal sentencing guidelines. A conviction of simple possession, for example may receive a sentence under state law of drug treatment rather than jail time, and probation may be available to first-time offenders for even the more serious crimes. The most severe legal restrictions and penalties involve Schedule I and II drugs as set forth in the federal law. Alternative programs to the traditional combination of jail time, fines, and bail include:

Drug Court - In many counties in California, including Los Angeles, Orange County, Riverside County, San Diego County, and San Bernardino County, there has been a relatively recent addition of "Drug Court" which is a special court given the responsibility of close supervision of select felony and misdemeanor cases involving non-violent drug-using offenders. However, participation is precluded for any offender who has been charged with a violent offense or who has a prior conviction for a violent crime, except some minor domestic abuse cases and usually excludes offenders charged with sales of drugs, possession for sale of drugs, or other serious offenses.

Diversion, which is another alternative, requires the accused to enter a plea of guilty to the charge, but the accused is NOT sentenced (the case is not final until the defendant is sentenced). The accused must then go through the diversion program, which is a series of classes. Drug testing is done randomly and a "dirty" or positive test can create new legal problems. Should the defendant violate the terms of the diversion, the court may go ahead and sentence the defendant as the defendant has already entered a plea and can be sentenced on that plea. Diversion is for first time offenders. 

Drug Treatment Program - The state of California's policy is to get you clean and help you stay clean. You are likely to be sentenced to drug treatment - if we can convince the court that you will take the opportunity seriously.

Drug crimes carry harsh penalties, particularly under the federal law. If you have been charged with a drug-related crime, you could be facing time in prison - a frightening thought for most people. If your future is on the line because of a drug charge, do not hesitate to call our experienced criminal defense attorneys. Contact us online or call: 1-800-221-9935

Related Criminal Law Topics
 - Felonies
 - Weapons Charges
 - Three Strikes Law

Drug Schedules according to The Controlled Substance Act

SCHEDULE I
A: Drug has no current accepted medical use.
B: Drug has a high potential for abuse.

Class examples: Heroin, Methaqualone, LSD, Peyote, Psilocybin, Marijuana, Hashish, Hash Oil, and various amphetamine variants.

SCHEDULE II
A: Drug has current accepted medical use.
B: Drug has high potential for abuse.

Class examples: Dilaudid, Demerol, Methadone, Cocaine, PCP, Morphine and certain cannibis, amphetamine, and barbiturates types .

SCHEDULE III
A: Drug has current accepted medical use.
B: Drug has medium potential for abuse.

Class examples: Opium, Vicodan, Tylenol w/codeine and other narcotic, amphetamine, and barbiturate types.

SCHEDULE IV
A: Drug has current accepted medical use.
B: Drug has low potential for abuse.

Class Examples: Darvocet, Xanax, Valium, Halcyon, Ambien, Ativan, and other barbiturate types.

SCHEDULE V
A: Drug has accepted medical use.
B: Drug has lowest potential for abuse.

Class examples: Lomotil, Phenergan, and liquid suspensions.