In Los Angeles, a person can be charged with a felony or misdemeanor drug crime>, depending on several factors. These factors include whether the drugs were for personal use, the amount of drugs, and defendant’s prior criminal record.
What Can I Be Charged with If I Was on Drugs When I Was Arrested?
According to Health and Safety Code 11550, a person can be charged with being under the influence of drugs. It is a misdemeanor offense when an individual doesn’t have a valid, written prescription for the drug or if the drug is illegal such as flakka.
What Are the Drug Crimes for Personal Sale or Use?
The state’s Health and Safety Codes 11350 and 11377 make possession of a controlled substance illegal without a valid, written prescription. DUI and being under the influence of a controlled substance are also charges under these laws.
A felony conviction is sentence of three years in prison.
Are Possessing Drugs and Possession for Sale Different Charges?
Yes. The state makes a huge distinction between the two drug charges. The Health and Safety Codes 11351, 11351, and 11378 makes it illegal to possess drugs to sale. A defendant can face a sentence of up to five years for intent to sale. It is also harsher than a possession for personal use drug charge.
A possession to sale conviction is a priorable offense which increases a future drug sales conviction to three years more years in prison.
How Does California Treat Drug Trafficking?
A person in Los Angeles can be charged with drug trafficking if they:
- Imported, or brought the drugs into the state
- Transported drugs
- Sold drugs
- Provided drugs
- Gave away the drugs
- Aided in the drug trafficking
- Helped someone transport drugs
- Conspired with someone to transport drugs
All drug trafficking penalties include five years in prison.
How Long is a Drug Manufacturing Conviction in Los Angeles?
It is seven years in prison. Manufacturing drugs includes converting, making, preparing, or producing using chemical synthesis or chemical extraction.
Should I Talk to an Attorney?
Yes, you absolutely should talk with a criminal defense attorney about any drug charges you face in Los Angeles.