California enforces strict drug laws that provides for the production, sale, transport, and use of certain drugs and chemicals. Violating these laws can lead to arrest and criminal charges. The law classifies some drug offenses as misdemeanors. However, in some cases, the prosecution may choose to pursue felony charges. To face a felony drug charge, the prosecutor will look into the circumstances of your case.
If you or your loved one is facing felony drug charges, you should take action to fight these charges and avoid the adverse effects of a conviction. Engaging a knowledgeable drug crimes attorney can be helpful. Your attorney will clarify what makes your crime a felony and help you build a strong defense.
This blog explores what makes a drug crime a felony and how you can defend your legal rights if the authorities arrest you for a drug-related offense.
The Types of Drugs Involved
In California, you can face drug crime charges for possessing, using, selling, transporting, or growing certain controlled substances drugs. The laws cover not only illegal drugs but also prescription medications obtained without a proper prescription. The specific type of drug involved is a key factor that influences the severity of your drug charge.
Authorities categorize drugs or controlled substances based on their effects on a person’s mental or physical health.
Schedule I
Experts consider Schedule I controlled substances the most dangerous and highly addictive. These drugs are mainly abused and have no accepted medical use. Examples include heroin, ecstasy, PCP, cocaine, and peyote. Using these substances can cause serious mental and physical health issues. Because of this, prosecutors take charges for their sale, possession, transportation, or use very seriously.
Schedule II
Substances in this category have limited medical applications but can lead to addiction and dependency. Many drugs here can be harmful if the users misuse them. Schedule II includes depressants, stimulants, and opiates such as:
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Methamphetamine
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Barbiturates
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Cocaine
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Ritalin
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Opium
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Hydrocodone
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Codeine
Schedule III
Schedule III drugs have some medical use but can lead to addiction if the users misuse them. These substances are more addictive than those in Schedules IV and V. Examples include:
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Steroids
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Benzphetamine
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Testosterone
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Ketamine
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Clortermine
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Pentobarbital
Schedule IV
Drugs in Schedule IV have many medical uses. Most are prescription medications that can become addictive if patients use them for a long time. Because of this, California law controls how people can possess, buy, and use them. Some examples are:
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Pemoline
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Xanax
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Ambien
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Tramadol
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Ativan
Schedule V
The drugs in this schedule are mainly prescription medications for various health issues. They have a low risk of addiction and provide significant health benefits. Most Schedule V substances are legal but require a prescription, and patients must take them in the correct amounts. Examples include:
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Diphenoxylate
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Codeine
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Dihydrocodeine
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Ethylmorphine
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Difenoxin
The court can charge you for possessing, selling, or distributing any controlled substance from these schedules. Penalties are usually harsher for Schedule I or II substances. These often result in felony charges and serious legal consequences.
Amount of the Drug
The authorities can arrest and charge you with a drug offense if the amount of drugs in your case is usable. They consider a substance usable if it can affect a person’s mind or body. Even for legal drugs like marijuana, there are laws about how much you can grow or possess.
For example, adults over 21 can legally possess up to 28.5 grams of marijuana. Having a bit more than this can lead to a misdemeanor charge. However, possessing or growing much more than the legal limit can lead to felony charges.
If you face charges of growing, possessing, or moving a controlled substance, the amount will influence the type of charges you face. People caught with large quantities of drugs often face serious felony charges.
Besides affecting the type of charges, having large amounts of a drug can lead to:
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Harsher penalties. Having a large amount of controlled substances in your possession means more people might use them, which can greatly impact society. As a result, you will receive harsher penalties.
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Mandatory minimum sentences. The amount of drugs you grow, possess, or plan to sell can lead the court to impose a mandatory minimum sentence after it convicts you.
Whether You Possess the Drugs for Personal Use or Sale
Having certain drugs, like marijuana, is legal if you have the right amount for personal use. Possessing other controlled substances without a prescription can lead to misdemeanor charges. If the court convicts you of a misdemeanor drug offense, you could face up to one year in jail and a fine of $10,000. You can also avoid jail time through probation or a drug diversion program.
However, if you have a controlled substance with the intention to sell or trade it, you could face felony charges. Prosecutors are very serious about going after those involved in drug sales or who solicit others to sell drugs. Proving the intent to sell is crucial for the prosecution, and they must show this beyond a reasonable doubt. Factors that may indicate your intent to sell include:
Amount of the Substance
If you have a larger quantity of the drug than what an average person would use, it may suggest you intend to sell it. In this case, having a knowledgeable attorney can help demonstrate that the drugs were for personal use, which could lead to a lesser misdemeanor charge instead of a felony.
Drug Packaging
Before the prosecution can show that you have a controlled substance for sale, they will look at various factors. The packaging of the drugs can strongly indicate your intent to sell. If the drugs are in baggies, balloons, or bundles, you may face felony charges for possessing to sell.
Drug Paraphernalia
In California, drug paraphernalia includes any items used for packaging, handling, weighing, or mixing controlled substances. When arrested for a drug-related crime, police will investigate to find any paraphernalia linked to sales. If you have items like scales, tools for mixing or separating drugs, or measuring devices, the court could charge you with possession for sale.
Factors That Aggravate the Severity of Your Drug Charge
In California, the details of your case are important for determining charges and penalties. An aggravating factor is anything that warrants a harsher penalty once the court convicts you. If the court charges you with a drug crime, the following aggravating factors can lead the prosecution to seek a felony charge against you:
Committing a Drug Offense in the Presence of a Minor
California drug laws aim to protect not only adults but also children from harmful substances. If a drug crime involves a minor under 18, the penalties can be harsher.
For example, California Health & Safety Code 11361 makes it illegal for an adult to give or sell marijuana to a child. The law states that anyone over 18 cannot:
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Use a child to transport, sell, or distribute marijuana illegally
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Encourage a child to use marijuana.
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Sell or give marijuana to a child.
It also includes actions like preparing drugs for sale, transporting them, or advertising their sale.
It is also illegal for adults to give children marijuana or other controlled substances for their personal use. This action includes offering or selling drugs to a minor. Additionally, it is a crime for an adult to encourage a minor to use drugs. This encouragement can take many forms, such as pressuring, suggesting, or coercing the minor.
The penalties can be even harsher if the child is under 14 during the offense. The penalties can be more severe if the drugs involved are particularly dangerous, like cocaine or heroin.
Driving Under the Influence
In California, it is illegal to drive while under the influence of drugs. Using drugs can affect a person’s ability to think and react while driving, leading to serious accidents. Driving under the influence of drugs is a serious crime that can lead to significant and life-altering penalties.
While DUID is a distinct offense, if the police arrest you for possessing a controlled substance while driving, it can lead to felony charges.
Possession of Firearms
According to California Health and Safety Code 11370.1, it is against the law to carry an operable firearm while also possessing a usable amount of drugs. Having a functional gun may suggest a plan to commit a crime. If the prosecution charges you with having a gun and drugs, you could face a felony charge that could result in up to four years in prison.
Additionally, your underlying drug-related offense could lead to a lengthy prison sentence and other legal consequences.
Causing Injury or Death to Others
If you cause serious injury or death to someone while committing a drug-related crime, this can significantly worsen your case. It may lead to felony charges since it shows a lack of concern for others’ safety.
Committing Drug Crimes in California’s Drug-Free Zones
California marks certain areas as drug-free zones, even though drugs are illegal statewide. These zones mean that if you commit a drug crime there, you may face harsher penalties than for the same crime outside these areas.
Federal and state laws designate specific locations as drug-free zones. The court can increase the penalties upon conviction if a drug-related crime occurs within 1000 feet of these zones.
These drug-free zones include places like:
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Schools
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Youth centers
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Public playgrounds
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Daycare centers
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Churches
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Synagogues
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Public swimming pools
California views all public areas where children might gather as drug-free zones. However, the enhanced penalties apply only when these areas are open or when children are present. California does not have a specific penalty increase for drug crimes committed in these designated zones. The extra penalties depend on the underlying crime.
For example, authorities may impose lighter penalties for possessing marijuana at a college or school than for selling heroin in the same area. Typically, a judge may double the fines for the original offense and add extra years to your jail time.
Possession of narcotics for personal use is a misdemeanor in California. However, having those same drugs in a school zone can increase your sentence from one year to a maximum of three years in prison.
More serious drug offenses, like selling controlled substances, can result in harsher penalties if committed in a drug-free zone. For example, selling methamphetamine is a felony that can lead to a prison term of up to four years. If the sale occurs in a drug-free zone, you may face an extra year in prison. Having a skilled criminal attorney to help ensure a fair sentence is beneficial.
Organized Crime
Being involved in organized crime or gang activities can turn your drug crime into a serious felony under California law. It links your drug activities to organized crime, which raises concerns about the severity of the offenses.
Participation in organized crime can lead to charges like conspiracy, gang enhancement, and racketeering. It may also result in felony charges for your drug activities. In some cases, being part of organized crime can lead to federal charges, which means you could face drug crime charges in federal court.
Federal court prosecutions are tough, and the penalties for convictions are harsh. There are mandatory minimum sentences in federal court, meaning you must serve a certain amount of time before the court can consider releasing you.
Resisting Arrest and Tampering with Evidence
Law enforcement sometimes conducts sting operations or uses undercover officers to look into your possible involvement in drug crimes. It often means that arrests for drug offenses can catch defendants off guard. How you act during your arrest can influence the charges against you and the penalties you might face.
Even though resisting arrest or tampering with evidence is not directly linked to drug offenses, it can complicate your legal situation and increase stress. In such cases, the court can raise your drug charges to a felony level, leading to harsher penalties and additional consequences.
Your Criminal History
California has strict laws for repeat offenders. Being a repeat offender shows a lack of respect for the law and difficulty learning from past errors. When the police arrest you for a drug crime, the prosecution will look at the details of your case before deciding on charges. A previous drug conviction can lead authorities to classify your current charge as a felony.
If you have a record of other felony offenses, even if they do not relate to drugs, authorities may still charge you with a felony. This approach ensures that repeat offenders receive the maximum punishment for their ongoing criminal behavior.
Using Technology for Drug Crimes
You can use technology to engage in drug crimes by promoting drug sales through email or text messages. Also, talking to a potential buyer online can provide strong evidence for prosecutors to show intent to sell and coordination. Using technology can turn a minor drug offense into a more serious felony.
This means you could face harsher penalties. The legal repercussions are more serious if you use cryptocurrency or the dark web for drug deals. If you conduct a drug transaction across state lines using technology, your case might go to federal court.
Penalties for Felony Drug Offenses
If your drug offense qualifies as a felony, you should work with a seasoned drug crimes attorney to remove those aggravating factors. A felony drug conviction can lead to serious legal and personal consequences, such as:
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Prison time. A felony conviction for drug possession, sale, or distribution can result in a long sentence in state prison. Unlike misdemeanor charges, where you might avoid a conviction through probation or drug programs, a felony requires you to serve time.
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You will also face large fines if the court convicts of a felony drug offense.
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Formal probation. If it is your first felony drug charge, the court might give you probation instead of prison time. This ruling allows you to serve part of your sentence through community service. The judge will set specific conditions you need to meet during your probation.
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For immigrants in the U.S., a felony drug charge can lead to even more severe outcomes than prison and fines. After a conviction, you could face deportation from the country.
Find a Dedicated Drug Crime Defense Attorney Near Me
In California, it is against the law to have, create, sell, or transport certain drugs. This law covers illegal substances like heroin and cocaine, as well as prescription drugs like sleeping pills. Being arrested for drug-related issues can be very intimidating. Whether a small or major charge, a conviction can significantly impact your future.
If the court charges you with a felony drug offense, the stakes are even higher. A felony conviction results in a permanent criminal record and ‘felon status.’ Felony charges typically arise if you have a significant criminal history, your charges involve drug trafficking, or commit other felonies along with the drug offense.
Understanding what qualifies as a felony drug crime in California can help you avoid such situations and defend yourself effectively if charged. At Darwish Law, we provide legal support and representation for clients facing felony drug charges in Santa Ana, CA. Contact us today at 714-887-4810 for professional legal advice.