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Drug Crime Defense in Orange County
California drug law has changed dramatically in the last decade. What was once a felony may now be a misdemeanor under Prop 47. But sales, trafficking, and certain federal charges remain serious. Get an attorney who understands both old and new law.
Categories of California drug crimes
Simple possession (HS 11350, 11377)
For personal use. After Prop 47 (2014), most simple possession is a misdemeanor — up to 1 year county jail, often diversion-eligible.
Possession for sale (HS 11351, 11378)
Felony. 2, 3, or 4 years state prison. Triggers immigration consequences. Not diversion-eligible.
Sales / transportation (HS 11352, 11379)
Felony. 3, 4, or 5 years state prison. Quantity and location enhancements add years.
Drug-induced homicide (HS 11352(a) + PC 187)
If you sold drugs that caused a death, you may face murder charges. Increasingly common with fentanyl cases.
Federal drug trafficking (21 USC 841)
Mandatory minimum sentences: 5 years for 28g cocaine/100g heroin, 10 years for 280g cocaine, 20 years if death or serious injury results.
Prop 47 reductions
If you have an old drug felony for simple possession, you may qualify for retroactive reduction to a misdemeanor under Prop 47. This restores most civil rights.
Common defenses
- Illegal search and seizure (Fourth Amendment)
- Lack of knowledge or possession
- Insufficient quantity for "sales" charge
- Entrapment (especially in undercover operations)
- Chain of custody failures in lab testing
- Constitutional violations
Facing drug charges? Contact our office for experienced defense.
Frequently Asked Questions
What is the difference between drug possession and drug sales in California?
Simple possession (HS 11377) is for personal use — typically misdemeanor under Prop 47 with possible diversion. Possession for sale (HS 11378) requires intent to sell — felony, ineligible for most diversion. Sales evidence: large quantities, packaging, scales, cash, customer lists.
Can drug possession charges be diverted in Orange County?
Yes. PC 1000 deferred entry of judgment (DEJ) and Prop 36 drug treatment offer dismissal after program completion for simple possession. Misdemeanor diversion under PC 1001.95 is also available. Sales charges are NOT eligible for these programs.
What are the penalties for drug trafficking in California?
State law (HS 11352, 11379): 3, 4, or 5 years state prison, plus enhancements for quantity (3-25+ years) and location (within 1,000 ft of school adds 3-5 years). Federal trafficking can carry mandatory minimums of 5, 10, or 20 years depending on drug type and quantity.
Will a drug conviction affect my immigration status?
Yes — almost any drug conviction is deportable for non-citizens. Even simple possession of any controlled substance (except 30g of marijuana) triggers removal. Drug trafficking is an aggravated felony with mandatory deportation. Non-citizens facing drug charges need immediate criminal + immigration counsel.
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