Crimes related to illegal drugs are common in today’s society. Drug crimes can be tried as either a misdemeanor or a felony, depending on the circumstances. Persons convicted of drug-related offenses are usually to blame for the overcrowding of America’s correctional facilities. Due to this, drug sentences are often lower than normal. Law enforcement and prosecutors are working diligently to make sure drugs are kept off the streets, preventing more danger among the community.
Types of Drug Crimes
There are four types of drug related crimes: possession, manufacturing, transportation (or distribution), and selling. The following drugs are considered ILLEGAL to possess, manufacture or sell:
-Other illegal drugs (prescription drugs such as oxycodone, LSD, etc.)
Misdemeanor vs. Felony Drug Crimes
Since drug crimes can be either a misdemeanor or felony, it can be distinguished based on the type of drug related to the crime. The following crimes are determined by either a misdemeanor or felony:
Possession and Cultivation: Possession of one gram or less of marijuana can carry a penalty of a $100 fine. Possession of more than one gram can lead to a six month jail sentence and a $500. The same penalties apply if you are convicted for cultivating marijuana.
Sale of Marijuana: Selling and distributing marijuana in California is considered a felony. If convicted of this crime, the penalty is four years in jail.
Notice Regarding Proposition 215: Proposition 215 was passed to approve the legalization of marijuana in medical situations. A notice from a doctor will exempt you from charges relating to possession and cultivation. You must also be issued a marijuana health card from your county government office.
Possession and selling: Possession of cocaine is considered a felony. A conviction of this crime can result in $20,000 in fines and four years in jail. However, if you sell cocaine under special circumstances such as the sale occurring near a school, drug treatment facility, or possess more than one gram of cocaine, the penalty can be up to twenty-five (25) years in prison.
Transportation/Distribution: Transportation and/or distribution of cocaine are both felonies that are punishable up to nine years in prison if the cocaine is transported across more than two counties in California. If the cocaine transported weighs 2.2 pounds or more, the penalty can be a prison sentence of three (3) to twenty-five (25) years.
Possession and selling: Possession of heroin in California is a felony. Persons convicted of heroin possession face anywhere between sixteen (16) months to three (3) years in prison. However, those convicted can be required to take part in a drug diversion program in lieu of serving prison time. Persons who are convicted for purchasing or selling heroin may face stiffer penalties than a simple possession. Depending on the amount of heroin bought or sold, a prison sentence can be set anywhere between three (3) to twenty-five (25) years.
Transportation/Distribution: Any person convicted of transporting or distributing heroin across two counties in California can face up to nine (9) years in prison. If the heroin exceeds 14 grams, a fine of $50,000 is added.
Prosecutors often have a burden to prove whether the defendant is guilty of a drug crime. If accused or charged with any of the drug crimes listed above, it is highly recommended to seek legal counsel as soon as possible. RJ Manuelian is a trusted criminal defense attorney with a vast knowledge of the legal system. His experience in handling drug-related cases has helped him build trust with his clients. RJ is known for securing a favorable outcome for his clients, regardless if the facts and evidence are stacked against them.
Get the most trusted defense attorney in Southern California on your side. Contact RJ for a free consultation. Call 213-401-2777 today!