How Drug Charges Are Classified and Penalized in California

The trend toward “decriminalization” of controlled substances in California has lulled many people into thinking that they can’t really be seriously penalized for drug crimes in the state. While there is an emphasis on rehabilitation rather than punishment in many cases, and some substances are accepted as legal by state or local authorities, this acceptance is far from universal.

Individuals can still face serious, life-changing consequences as a result of drug charges in our state. So it is important to understand how substances and offenses are classified and the penalties that can be imposed for breaking the law.

Classification of Controlled Substances in California

When it comes to drug offenses, two factors play a key role in determining the severity of the crime. The first is the classification of the substance involved, and the second is the use (or presumed use) of the substance.

With regard to classification, California, like the federal government, assigns every known substance into one of five “schedules.” They are ranked according to their potential to cause harm relative to their beneficial uses. Substances that have a great potential to be abused and that have no accepted medical use are listed on Schedule I. The offenses connected with drugs on Schedule I are generally the most serious drug crimes. Drugs on this schedule include substances such as LSD and heroin. Incidentally, federal and California schedules still classify cannabis as a Schedule I controlled substance, while the use, possession, and sale of marijuana is considered “legal” under California law.

Schedule II drugs also have a high potential for abuse, but they have been accepted as having the potential for at least some medical uses. Substances on Schedule II include hydrocodone, opium, amphetamine, and morphine.

The drugs on Schedules III, IV, and V are better known for their medical utility than their abuse to get high, although many of them are regularly abused. Schedule III substances include some codeines, low-dose morphine, and anabolic steroids. The substances on Schedules IV and V are often lower concentrations of medical drugs on Schedule III taken as painkillers, cough suppressants, and for other purposes.

Possession of Controlled Substances

Authorities now generally consider drug users to be victims in the drug trade rather than true villains, so the penalties for simple possession are often relatively minor, depending on the type of substance. However, it is important to be aware that any conviction on your record, even a seemingly minor one, can damage your reputation and interfere with future opportunities in career, education, housing, and certifications. Even social relationships can suffer when you have drug convictions on your record, so it makes sense to work with a defense attorney to try to avoid a conviction. You can be convicted not only if police find you with a substance in your personal possession but also if it is found somewhere that is under your control, such as your car or home.

Possession of most substances in small quantities for personal use is often treated as a misdemeanor offense with penalties that can include no more than a year in jail and a fine of up to $1,000. The potential penalties increase for those with prior convictions for certain serious offenses.

Possession for Sale or Trafficking

The law treats you very differently if it appears that you have drugs in your possession for sale or trafficking to others. Then you are the villain and not the victim, and the penalties are much harsher. It is not necessary for law enforcement officials to catch someone making a sale to determine that they possessed a substance with the intent to sell it. Having a substantial quantity of a drug often implies an intent to sell or traffic in it. Other evidence, such as scales, small bags, and stashes of cash, can also be used as evidence of possession for sale or trafficking.

Possession for sale and drug trafficking are both felony offenses.

If you are found guilty of possession with the intent to sell controlled substances in violation of Section 11351 of the California Health and Safety Code, you face imprisonment for two, three, or four years, depending on the circumstances. If, instead, you are convicted of transporting for sale or otherwise trafficking controlled substances, the penalties are even higher. The term of imprisonment varies depending on the circumstances, but can be up to nine years.

Reforms Have Strengthened Penalties for Certain Drug Offenses

The laws that relaxed the penalties for possession of many controlled substances have been tightened up in a few areas, thanks to Proposition 36. Those found in possession of certain drugs can be found guilty of a felony rather than a misdemeanor if they have two or more past convictions for drug crimes on their records. The increased potential penalties apply to possession of substances such as heroin, fentanyl, cocaine, and meth. However, it would be a “treatment-mandated” felony, under which those who complete a treatment program could have their charges dismissed.

In addition, Proposition 36 lengthened the penalties that can be imposed for the sale of substances such as fentanyl, cocaine, heroin, or meth, depending on the amount involved.

The Consequences of Any Conviction for a Drug Offense Can Be Life Changing

Regardless of the stage of life that you’re in, the consequences of being convicted of a drug offense can set you back permanently. Students can lose financial aid and be denied admission. Professionals can lose licenses. Immigration status is threatened. And it can be difficult to pass a background check for anything.

An experienced defense attorney can work to avoid a conviction using a number of different strategies. At Berkowitz Law, we review cases in meticulous detail to uncover flaws that can be used to challenge the prosecution’s assertions. We also know how to seek alternative consequences that avoid convictions.

If you are facing drug charges in California, getting the right attorney on your side is crucial, and the sooner you begin, the more chances your attorney will have to protect your rights and future. To talk to us about the ways we can help, call us at 510-947-0300 or contact us online now.