Law & Legal & Attorney Health Law

What Are the Four Main Types of Drug Charges in California?

    Drug Possession

    • Possession of controlled substances without a valid prescription from a medical professional is punishable by imprisonment or fines in California, according to Section 11377 of the Health and Safety Code of California law. If the person has not previously been convicted of drug violations he will be charged with a misdemeanor. The violator may also be fined up to $70. The court will also take into consideration the defendant's ability to pay and shall not deny anybody probation due to inability to pay the fine.

    Drug Possession for Sale

    • Possession for sale of controlled substances is punishable by imprisonment in state prison, according to Section 11378.5. There are specific statutes for specific types of drugs. California law specifically states that any person who possesses for sale phencyclidine, also known as angel dust or PCP, or any of its precursors can be imprisoned from three to five years.

    Drug Trafficking

    • Any person convicted of drug trafficking in California can be imprisoned from two to four years. Usually drug traffickers are attempting to sell the illegal drugs in California when smuggling them into the state. However, even if a person were not selling the drugs, but were giving them away, they are still guilty of drug trafficking. Those convicted of drug trafficking from county to county within the state of California can be imprisoned for three, six, or nine years if they were planning on selling the controlled substances, according to Section 11379.

    Manufacturing Drugs

    • Manufacturing drugs is a serious offense in California, which can be punishable by incarceration in state prison for three, five, or seven years. This may also include a fine of up to $50,000, according to Section 11379.6 (a). This includes anybody who is involved directly or indirectly with manufacturing of controlled substances.

      There are also, additional laws enacted to protect minors under the age of 16 years old. If the manufacturing of methamphetamine or phencyclidine is conducted in the presence of a child 16 years of age or younger, an additional two years in prison will be added to the sentence, according to Section 11379.7 (a). If the child suffers great bodily harm then the crime is punishable by an additional five years in the state prison.

      The amount of controlled substances the person conspires to manufacture at the time of arrest will also determine how much prison time she will receive. The convict can receive an additional three, five, 10, or 15 years in state prison depending on the amount of controlled substances manufactured or attempted to manufacture, according to Section 11379.8.

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