If you are facing a drug crimes charge in Santa Clarita, CA, you’re not alone. Drug charges are among the most frequently prosecuted criminal charges in the state of California. Drug crimes can include the following:
- Concentrated Cannabis
- Drug Paraphernalia
- Drug Possession
- Drug Trafficking
- Intent to Sell Marijuana
- Marijuana Cultivation
- Possession for Sale
- Possession of Meth
- Possession of Vicodin
Our Santa Clarita drug crimes lawyers are experienced at handling all kinds of drug cases, and we will fight to build your case in preparation for trial. We will also seek alternatives to trial, including:
- Negotiating a plea with prosecutors to reduce the charges against you.
- Negotiating for your entrance into a drug treatment program, rather than jail.
- Moving to suppress evidence collected during potentially illegal searches and seizures.
- Challenging search warrants.
To say we disagree with California’s drug laws is an understatement. Our lawyers will give you the best legal defense they can offer to help you fight the charges, potentially avoid unnecessary jail time, and hopefully win your case.
The first thing to know about concentrated cannabis is that it’s not the same as marijuana. Despite the recent legalization of marijuana both recreationally and medicinally, concentrated cannabis remains illegal in California due to its potency. Even a small amount can make a user reasonably high, so larger amounts can be very dangerous – hence, illegal.
The rules vary on whether concentrated cannabis can be considered illegal. For instance, if you’re extracting it for your own personal use, it’s legal. However, extracting it chemically in any way makes it illegal. You may need to hire a defense lawyer to determine how to best fight the charges against you in a concentrated cannabis case.
Drug paraphernalia is defined as any tool that is unmistakably used to consume illegal drugs, such as pipes, syringes (though, not always), or a cocaine spoon. You may be surprised to learn that certain items are not considered drug paraphernalia by nature, such as bongs or scales. This is an area that can become very gray, so it may be helpful to hire a drug crimes lawyer to know for sure whether the charges you are facing are legitimate.
Under California’s Health & Safety Code Section 11350, it considered illegal possession of a drug if:
- You are holding a controlled substance on your person, like in your pocket or hidden within an orifice.
- The drugs are located in a location that is under your control, like in your car or house.
- You do not have a legitimate prescription for that drug.
It is not a crime if you are simply in the same location as a drug. Someone has to have evidence that the drug belongs to you or that you put the drug there. Drug possession can be prosecuted as either a felony or a misdemeanor, depending on the situation.
Drug trafficking is a federal crime, and it’s a serious one that has the potential to put you in prison for life. This is not a charge you should be facing alone. You need an experienced drug crimes lawyer on your side to help you fight a drug trafficking charge. Even a first offense on a federal drug trafficking charge carries a minimum of 40 years in prison.
Despite the recent legalization of marijuana in the state of California, it is still considered a Schedule I substance under federal law. This means that someone transporting marijuana can be hit with a federal drug trafficking charge and face the same time that someone transporting heroin can face.
Intent to Sell Marijuana
In the state of California, licensed businesses are legally allowed to sell marijuana. Individuals are not. In fact, you can be charged with intent to sell even if no money changed hands and you simply gave the marijuana away. There is an exception made for caregivers who are permitted to give authorized medical marijuana users a small amount of marijuana to keep up with their medical needs.
You can be charged with a felony if you attempt to sell marijuana in any of the following capacities:
- The person you sold or gave marijuana to was under 18.
- You have 2 or more prior related convictions.
- You tried to bring marijuana into or out of California (depending on the amount).
- You have a past conviction for a violent felony or are a registered sex offender.
In Santa Clarita, state law allows citizens to grow hard limit of six marijuana plants for personal use. Those who are caught growing more than this can be arrested and charged with “marijuana cultivation,” a crime that comes with the potential for jail time even if you have no prior convictions on your record.
Possession for Sale
In the state of California, all you need to have on your person is one dose of a drug to be charged with possession of sale. In order to convict you on possession of sale, the prosecutor must be able to prove all of the following against you, not just one:
- You illegally possessed a controlled substance.
- You knew you were in possession of the substance.
- You were aware that the substance was illegal/controlled.
- You intended to sell the substance.
Possession of Meth
Possession of meth is a serious crime in the state of California. If convicted, you can face up to a year in jail even if it’s your first offense. Depending on your record, you can be charged with a felony and face even more years in prison.
Possession of Vicodin
You may think, “why am I being charged with a crime for possessing a legal drug?” But a drug is not necessarily legal if you don’t have a prescription for it. Possession of Vicodin can be prosecuted as a serious crime, carrying a minimum of one year in jail. It is also illegal to sell it, to be in possession of it with intent to sell, and to transport it.
Fight for Your Rights
Are you facing drug charges? The system may not be on your side, but here at Simmrin Law Group, we fight for you like we would our own family. Our Santa Clarita criminal defense lawyers have decades of experience helping our clients fight charges related to drug crimes.
Reach out today for a FREE consultation with of our experienced lawyers. You can fill out our contact form, or call (310) 997-4688 to be connected with a drug crimes lawyer in Santa Clarita who can answer your questions with no obligation to retain us on your end.