Drug Crimes in California

California Drug Laws Overview

Drug offenses in California are governed by the Health & Safety Code. Charges range from simple possession (misdemeanor) to possession for sale, transportation, and trafficking (felonies with substantial prison terms).

Simple Possession — H&S 11350, 11377

Possession of controlled substances such as cocaine, heroin, methamphetamine, and prescription drugs without a valid prescription is generally a misdemeanor after Prop 47. Penalties may include up to one year in county jail, probation, drug treatment, and fines.

Possession for Sale — H&S 11351, 11378

Possession with intent to sell is a felony. Factors indicating intent to sell include quantity, packaging, scales, cash, and conduct. Penalties typically range from 2–4 years in state prison, with enhancements for prior convictions or large quantities.

Transportation and Sales

Transporting, selling, or distributing controlled substances carries felony penalties. Sales near schools or involving minors trigger sentence enhancements.

Proposition 47 and Recent Reforms

Proposition 47 reduced many drug and theft offenses from felonies to misdemeanors. It also allows individuals with certain prior felony convictions to petition for resentencing. An attorney can evaluate whether Prop 47 or other reforms apply to your case.

Common Defenses

• Unlawful search and seizure: Evidence suppressed if police violated the Fourth Amendment
• Lack of possession: Drugs were not yours, or you had no knowledge or control
• Entrapment: Law enforcement induced you to commit a crime you would not have otherwise committed
• Valid prescription: For certain prescription drug charges