Drug Crimes

Drug crimes in California encompass a wide range of offenses involving controlled substances, from simple possession to large-scale trafficking operations. California law categorizes drugs into schedules based on their potential for abuse and accepted medical use, with penalties varying significantly depending on the substance, quantity, and your intent. While voters passed Proposition 47 in 2014, reducing many drug possession offenses to misdemeanors, California still prosecutes drug cases vigorously—particularly those involving sales, transportation, or manufacturing.

These charges are prosecuted because law enforcement and district attorneys view drug offenses as threats to public health and safety. However, the reality is more nuanced. Many drug cases involve people struggling with addiction who need treatment, not incarceration. Others involve circumstantial evidence where someone is in the wrong place at the wrong time, or cases where the quantity of drugs doesn’t match the severity of charges filed. Search and seizure issues are common, as police often stretch the boundaries of the Fourth Amendment when investigating drug crimes.

Common circumstances leading to drug charges include traffic stops where officers claim to smell marijuana, searches of shared residences where drugs belong to someone else, possession of prescription medications without a valid prescription, situations where the quantity suggests personal use but prosecutors charge sales, and controlled buys or undercover operations. We’ve represented clients whose medications were labeled incorrectly, clients arrested in homes where they didn’t know drugs were present, and clients whose addiction led to possession charges but who aren’t dealers. The circumstances behind these arrests are often more complicated than the police report suggests.

Types of Drug Crime Charges We Defend

We handle all drug crime charges in San Luis Obispo, Santa Maria, and Lompoc:

Common Drug Crime Offenses

• Simple Possession (HS 11350) – Possessing controlled substances for personal use, typically a misdemeanor after Prop 47 for most drugs, carrying up to 1 year in county jail.
• Possession of Marijuana (HS 11357) – Though recreational marijuana is legal in California, possession over 28.5 grams or any amount under age 21 remains illegal.
• Possession of Drug Paraphernalia (HS 11364) – Possessing items used for consuming, manufacturing, or storing controlled substances, often charged alongside possession offenses.
• Under the Influence of a Controlled Substance (HS 11550) – Being under the influence of drugs in public, which can be charged even without actual possession of any substance.
• Prescription Drug Fraud (HS 11173, HS 11368) – Doctor shopping, forging prescriptions, or possessing prescription drugs without a valid prescription from multiple providers.

Serious Drug Crime Felonies

• Possession for Sale (HS 11351, HS 11378) – Possessing controlled substances with intent to sell, determined by quantity, packaging, scales, cash, and other circumstantial evidence, carrying 2-4 years in prison.
• Sale or Transportation of Drugs (HS 11352, HS 11379) – Selling, transporting, or offering to sell controlled substances, with penalties ranging from 3-9 years depending on the substance and circumstances.
• Drug Trafficking (HS 11370.4, HS 11379.6) – Large-scale drug distribution operations, often involving multiple defendants, wiretaps, and conspiracy charges, carrying significant federal and state prison time.
• Manufacturing or Cultivation (HS 11379.6, HS 11358) – Operating drug labs, cultivating marijuana beyond legal limits, or manufacturing methamphetamine, with penalties enhanced by environmental hazards or presence of minors.
• Possession of Drugs in Prison (PC 4573.6) – Possessing or introducing controlled substances into jail or prison facilities, carrying additional felony charges and prison time.

Related Drug Crime Charges Often Filed Together

• Maintaining a Drug House (HS 11366) – Allowing a residence or property to be used for manufacturing, storing, or selling controlled substances, often charged against property owners or tenants.
• Conspiracy to Commit Drug Crimes (PC 182) – Agreement between two or more people to commit a drug offense, allowing prosecutors to charge everyone involved in planning even if not all participated in the actual crime.
• Gang Enhancement in Drug Cases (PC 186.22) – Additional prison time when prosecutors allege drug offenses were committed to benefit a criminal street gang, adding 2-10 years to sentences.

Additional Drug Crime Offenses

• Furnishing or Administering Drugs to Minors (HS 11353, HS 11380) – Providing controlled substances to anyone under 18, or doing so on or near school grounds, carrying enhanced penalties.
• Driving Under the Influence of Drugs (VC 23152(f)) – Operating a vehicle while impaired by drugs including marijuana, prescription medications, or illegal substances, charged similarly to alcohol DUI.
• Possession of Precursor Chemicals (HS 11383) – Possessing chemicals used to manufacture methamphetamine or other controlled substances, with intent to manufacture.
• Federal Drug Charges – Large-scale operations, interstate trafficking, or cases investigated by DEA may be prosecuted in federal court with significantly harsher mandatory minimum sentences.

This list represents the most common drug crime charges we defend, but we handle all criminal charges in this category. If you’re facing charges not listed here, or you’re unsure exactly what you’ve been charged with, we can help. Criminal charging documents can be confusing, and understanding what you’re actually facing is the first step in building your defense.

Call us at (805) 621-7181 to discuss your specific charges and what they mean for your case.

Penalties for Drug Crime Convictions

Drug crime convictions can result in:

• Jail or prison time – Misdemeanor possession typically carries up to 1 year in county jail; felony sales or trafficking charges can result in 2-9 years in state prison, with federal cases carrying mandatory minimums of 5-10 years or more
• Substantial fines – Up to $1,000 for misdemeanors, $20,000+ for felonies, with additional court fees, lab fees, and restitution
• Probation with strict conditions – Drug testing, search and seizure waivers, mandatory treatment programs, employment requirements, and travel restrictions
• Driver’s license suspension – Six-month license suspension for drug convictions, even if no vehicle was involved in the offense
• Loss of federal benefits – Drug convictions can result in loss of federal student loans, public housing eligibility, and certain welfare benefits
• Immigration consequences – Drug offenses, particularly those involving sales or trafficking, are deportable offenses and can prevent naturalization or result in visa denial
• Professional license impact – Healthcare workers, teachers, attorneys, and many licensed professionals face disciplinary action or license revocation for drug convictions
• Asset forfeiture – Law enforcement can seize vehicles, cash, property, and other assets allegedly connected to drug crimes, often without criminal conviction
• Permanent criminal record affecting employment, housing, education opportunities, and your ability to travel internationally

Why You Need an Attorney for Drug Crime Charges

Early Intervention Changes Everything

The Fourth Amendment issues in drug cases are time-sensitive. If officers conducted an illegal search, we need to file motions to suppress evidence before trial. If you’re eligible for diversion, applying early improves your chances of acceptance. If you’re facing trafficking charges, cooperation decisions need to be made carefully and strategically. The prosecution builds their case from the moment of arrest—your defense should too.

These Cases Are Complex

Drug cases involve multiple areas of law: search and seizure under the Fourth Amendment, chain of custody for evidence, lab testing procedures, confidential informant credibility, and the distinction between possession and intent to sell. Prosecutors use circumstantial evidence—large amounts of cash, scales, baggies, text messages—to argue sales even when you maintain it was personal use. Understanding how to challenge forensic evidence, attack circumstantial inferences, and identify holes in the prosecution’s case requires specific experience with drug prosecutions.

The Consequences Are Permanent

A drug conviction affects more than your criminal record. Federal student aid disappears. Public housing becomes unavailable. Professional licenses get revoked. Immigration status changes. And future employers, landlords, and schools see the conviction every time they run a background check. Even if you avoid jail time, the collateral consequences can follow you for decades. Understanding these implications helps you make informed decisions about plea offers, trial, and diversion programs.

Experience Matters

We’ve defended drug cases in San Luis Obispo, Santa Maria, and Lompoc courts for over 15 years. We know which judges grant suppression motions, which prosecutors are willing to reduce charges, and which cases are worth taking to trial. We understand how local narcotics task forces operate, the reliability of their confidential informants, and the common weaknesses in their investigations. That local knowledge informs our defense strategy from the initial consultation through trial or sentencing.

How Central Coast Criminal Defense Can Help

With over 15 years of experience defending drug crime cases throughout San Luis Obispo, Santa Maria, and Lompoc, we provide:

• Thorough Case Investigation – We review police reports for Fourth Amendment violations, examine search warrant affidavits for false statements, investigate confidential informant credibility, analyze forensic evidence and lab results, and identify weaknesses in possession or sales allegations.
• Strategic Defense Development – We file motions to suppress illegally obtained evidence, challenge constructive possession claims when drugs weren’t on your person, contest intent to sell allegations by demonstrating personal use quantities, and investigate alternative explanations for circumstantial evidence like scales or packaging.
• Skilled Negotiation – We work with prosecutors to secure diversion programs for eligible clients, negotiate reduced charges from sales to possession or from felonies to misdemeanors, present mitigating circumstances including addiction and treatment efforts, and advocate for alternatives to incarceration.
• Diversion Program Advocacy – We assess your eligibility for Prop 36, PC 1000, Drug Court, and other programs, prepare persuasive applications highlighting your commitment to treatment, and guide you through program requirements to maximize chances of successful completion and dismissal.
• Personal Attention – You work directly with experienced trial attorneys who understand addiction, treatment options, and the full range of defenses available in drug cases, and we’re available to answer questions about your case, your charges, and your options.

We understand that drug cases often involve people struggling with addiction, not career criminals. We’ve represented college students caught with personal-use quantities who faced sales charges because of how drugs were packaged. We’ve defended clients arrested in shared housing where they had no knowledge of drugs present. We’ve handled cases where illegal searches violated constitutional rights, and cases where lab testing was unreliable or evidence was contaminated.

Our approach focuses on the specific facts of your case. Was the search legal? Can the prosecution prove possession? Is there evidence supporting an intent to sell, or is this clearly personal use? Are you eligible for diversion? We examine every possible defense, identify weaknesses in the prosecution’s evidence, and work within the system to achieve outcomes that protect your future.

Drug charges don’t have to result in convictions. Between diversion programs, motion practice, negotiation, and trial, there are multiple paths to favorable outcomes. We know how to navigate those paths because we’ve done it hundreds of times in these specific courts. Whether you’re facing simple possession or serious trafficking charges, whether you’re eligible for treatment programs or need to fight the charges at trial, we’re here to provide the representation you need.

Don’t Wait—Call Us Today

Drug charges require immediate attention, particularly if search and seizure issues exist or if you want to explore diversion programs. Understanding your options early helps you make informed decisions about your case.

Treatment, not incarceration. Defense, not judgment. Let’s discuss your case.