Drug crimes in California are categorized into three main types: possession, distribution, and manufacturing. Each category varies in severity and possible penalties. Your Folsom drug defense attorney will ensure you fully understand your charges and legal options.
Drug possession is the act of having a controlled substance without a valid prescription or authorization. The charge’s severity depends on the drug’s type and quantity, as well as the defendant’s prior criminal history.
Simple possession of a controlled substance (California Health and Safety Code Section 11350(a) HS) is the least serious drug possession offense, typically involving small amounts of drugs for personal use. It is generally considered a misdemeanor.
This charge (California Health and Safety Code Section 11351 HS) is more serious than simple possession and indicates that you possessed the drugs with the intent to distribute them. PWIS is typically a felony offense.
Distribution of a controlled substance involves the sale, transportation, or delivery of a controlled substance. The severity of the charge depends on the type and quantity of the drug and how it was distributed.
This charge involves selling or transporting a controlled substance for money or other consideration. It is typically a felony offense.
Manufacturing of a controlled substance is the process of producing or creating a controlled substance. This is typically a very serious offense, as it involves the production of illegal and dangerous substances.
This charge (California Health and Safety Code Section 11379.6 HS) involves the actual production or creation of a controlled substance. It is typically a felony offense.
This charge (California Health and Safety Code 11366 HS) involves operating or maintaining a place where controlled substances are manufactured, sold, used, or given away. It is typically a felony offense.
In addition to these three main categories, there are many other drug-related offenses in California, such as:
The criminal penalties for drug crimes in California vary widely. Some crimes are misdemeanors with lower-level penalties, some are felonies with significant penalties, and others are considered “wobblers.”
A wobbler is a special class of crime that can be charged and punished as either a felony or a misdemeanor. The prosecutor decides whether to charge a wobbler as a felony or a misdemeanor, and the judge has the discretion to sentence a defendant with a wobbler conviction to either felony or misdemeanor penalties.
A standard misdemeanor conviction can result in the following penalties:
A gross misdemeanor conviction can result in the following penalties:
A felony conviction could result in serious penalties that will impact your entire life, including: