Sharing drugs with a friend might seem harmless in certain situations, but under California law, it can have serious legal consequences. But will I be arrested if I give my friend drugs in California? Even if no money is exchanged—it can lead to criminal charges for drug distribution or possession with intent to distribute.
An experienced Los Angeles drug crime lawyer can help you understand the legal implications of sharing drugs and defend your rights if you’re facing charges. Below, we’ll break down what you need to know about this issue in California.
Is Giving Drugs to a Friend a Crime in California?
Yes, giving drugs to someone else is illegal in California, even if it’s a small amount and no money changes hands. Under California law, this act falls under the umbrella of drug distribution or possession with intent to distribute, which are serious crimes.
Relevant Laws
- Health and Safety Code Section 11352 (HSC 11352): This law makes it illegal to transport, sell, furnish, administer, or give away controlled substances such as cocaine, heroin, or prescription drugs like oxycodone.
- Health and Safety Code Section 11379 (HSC 11379): This applies to synthetic drugs like methamphetamine or ecstasy and carries similar prohibitions against giving or sharing drugs.
Even if your actions were not for profit and purely social in nature, the law treats sharing drugs the same as distributing them.
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What Are the Penalties for Sharing Drugs?
The penalties for giving drugs to someone in California depend on the type of drug, the amount, and the circumstances. Common consequences include:
- Felony Charges: Sharing drugs is typically charged as a felony, which can result in:
- Prison Time: Depending on the substance, you could face 2 to 5 years in state prison (or more for certain drugs).
- Fines: You may also be ordered to pay fines that can reach thousands of dollars.
- Probation: Instead of prison, you may be placed on probation, with conditions such as attending drug counseling programs or performing community service.
- Aggravating Factors: If the drugs were shared with a minor, near a school, or in large quantities, penalties can increase significantly.
- Criminal Record: A conviction will leave you with a criminal record, which can impact your future employment, housing, and educational opportunities.
Are There Any Exceptions or Defenses?
While California takes drug distribution charges seriously, there are some exceptions and potential defenses that may apply if you get arrested for giving your friend drugs in California:
Medical Marijuana
Under California Health & Safety Code § 11362.1(a)(1)(2)(5) adults may share small amounts of marijuana (up to 28.5 grams) with other adults aged 21 or older without facing criminal charges. However, this does not apply to other controlled substances.
Lack of Knowledge
If you didn’t know the substance you gave your friend was an illegal drug, or if you were unaware it was in your possession, this could be a defense.
No Intent to Distribute
If the prosecution cannot prove that you knowingly and intentionally gave the drugs to someone else, you may have grounds to fight the charges.
Violation of Rights
If law enforcement violated your constitutional rights—such as conducting an illegal search or seizure—any evidence obtained may be inadmissible in court.
An experienced attorney can evaluate your case and determine the best defense strategy based on the circumstances.
What Should You Do if You’re Arrested for Giving a Friend Drugs In California?
If you’re arrested for giving drugs to a friend in California, it’s important to take the following steps to protect your rights:
- Remain Silent: Do not answer any questions or make statements without an attorney present.
- Contact an Attorney Immediately: A skilled attorney can review your case, protect your rights, and build a strong defense.
- Avoid Further Discussions: Do not discuss the incident with anyone, including the person you gave the drugs to.
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How A Drug Crimes Lawyer Can Help
Facing drug-related charges can be overwhelming, but you don’t have to go through it alone.
Here’s how a lawyer can help:
- Evaluate Your Case: We’ll assess the details of your situation and identify potential defenses.
- Negotiate with Prosecutors: We’ll work to reduce or dismiss charges whenever possible.
- Defend You in Court: If your case goes to trial, we’ll provide aggressive representation to fight for the best outcome.
Contact A Drug Crimes Law Firm Today
If you’ve been arrested for giving drugs to a friend in California, don’t wait to seek legal help. The sooner you have an experienced attorney on your side, the better your chances of protecting your future.
Call Simmrin Law Group today for a free consultation, or fill out our online form to get started. We’re here to fight for you and help you get through this challenging time.
Call or text (310) 896-2723 or complete a Free Case Evaluation form