How Does the Type of Drug Affect a California Drug Possession Case?

Under California Health and Safety code §11350 and §11377, the legislation makes it unlawful to be in possession of certain controlled substances, defined by the code section. The type of drug thatsa person is found in possession of will have an impact on the potential consequence a person may face.

Those found in possession of amphetamines, including methamphetamines, may face a potential sentencing range established by California Health and Safety Code §11377. A first time offense has the potential of being charged as only a misdemeanor and has a good probability of being dismissed with completion of a Drug Diversion program.

Possession of Cocaine or Crack is regulated under California Health and Safety Code §11350. First time offenders may be charged with a misdemeanor or felony depending on the quantity found. They may serve up to 3 years in jail but have a strong opportunity to be allowed to enrolls in a Drug Diversion program which, upon completion, will lead to a dismissal of charges.

Heroin possession is also included under California Health and Safety Code §11350.
Those found in possession of Heroin face felony charges, including a possible sentence range of 16 months to 3 years in prison and/or up to a $20,000 fine. However, much like amphetamines and cocaine, the courts allow for a dismissal of charges upon completion of a Drug Diversion program for first time offenders.

Possession of marijuana is covered by a different section of the Health and Safety Code, §11357. Marijuana, in its less concentrated form, also allows for Drug Diversion programs to have your charges dismissed. In addition, potential sentences for those found in possession of marijuana depends on the quantity found, and whether the person holds a medical marijuana prescription.

An experienced Los Angeles Criminal Defense attorney has handled thousands of drug cases ranging from methamphetamines to marijuana. Each drug has a different potential sentence depending on the quantity and the circumstances surrounding the offense. In many cases an attorney can prepare a strong argument to allow the completion of a Drug Diversion program which will eventually lead to the dismissal of charges.