Los Angeles Drug Crimes Defense Attorney

Although the law presumes innocence in the criminal justice system, being accused of a drug crime and facing arrest can deeply affect your life. Allegations can harm your work, housing, personal relationships, and standing in the community. Drug crime convictions for offenses from possession to distribution can bring long prison sentences, steep fines, or court-ordered drug deterrent programs.

No matter what charges you face, protecting yourself throughout the legal process should be your main focus. At Stein & Markus, we make your defense our mission. Accusations alone should not ruin your future. Our criminal defense team reviews the facts, seeks to have charges dismissed or reduced, and works to limit their effects on your life. 

Whether you are innocent, caught up by circumstance, or facing complex facts, we focus on upholding your rights. From arrest through litigation, we strive to shield you from self-incrimination and legal traps so your case reaches the best possible outcome.

We are former prosecutors, and we offer free consultations, 24/7 availability, and bilingual consultations. Call Los Angeles drug crime attorneys at Stein & Markus now at (562) 512-7030 or reach out online.

Understanding California's Drug Laws and Penalties

California’s criminal drug charges rely on three main Health and Safety Codes:

They are:

• HS 11350. This statute prohibits possession of controlled substances. These include cocaine, crack, heroin, ecstasy, methamphetamine, and non-prescribed prescription painkillers, among others.
• HS 11351. If you possess illegal drugs with intent to distribute, this statute makes it a felony offense.
• HS 11352. This law makes it a crime to sell, transport, or provide narcotics to others.

Several other codes and subsections may apply to some drug-related offenses, but the statutes above form the core of most prosecutions. California enforces strict penalties for possession, sale, manufacture, and trafficking of narcotics.

In addition to state charges, the Title 21 U.S. Controlled Substance Act sets out drug-related offenses at the federal level.

Federal drug crime charges involve one or more of the following:

• The case crosses a state or national border
• A federal informant named you
• A federal officer arrested you
• The charge ties to a targeted DEA, FBI, or CBP investigation
• The incident happened on federal property

A person faces different penalties based on the type of charges. Drug charges fall into three main categories:

• Infractions
• Misdemeanors
• Felonies

Each category brings specific penalties. Infractions bring minor consequences and rarely include jail time. Felony convictions, meanwhile, carry the most serious punishments and often mean lengthy state prison terms.

Common Drug Crimes in California

Since 2014, California’s Proposition 47 has reclassified certain non-violent crimes, including simple drug possession, as misdemeanors rather than felonies. Under this law, non-violent drug crimes like possession typically bring a maximum penalty of one year in jail.

The circumstances of the incident and your prior convictions influence the charges you may face.

Common charges include:

• Possession of a controlled substance. This most common charge means you allegedly possessed an illegal narcotic or a non-prescribed prescription drug. Penalties may reach a year in county jail and a maximum $20,000 fine if aggravating factors exist. A prior violent or serious felony can raise the minimum to three years in prison.
• Possession for sale of a controlled substance. Possession of Schedule I and II narcotics brings felony charges if prosecutors show intent to sell. Convictions may lead to up to four years in state prison and $20,000 in fines. Aggravating factors may raise fines to $40,000 or more.
• Sale, transportation for sale of a controlled substance. Selling, transporting, or providing drugs for transportation increases potential sentences further. Conviction could add five years to prison time, with fines up to $20,000. Aggravating factors increase these penalties, sometimes triggering California’s “three strikes” law, which imposes a minimum 25-year prison sentence for three qualifying convictions.
• Prescription Fraud: Illegally obtaining or attempting to obtain prescription drugs, such as by forging a prescription or "doctor shopping." This is a “wobbler”; a misdemeanor conviction can result in up to one year in county jail, while a felony conviction can lead to 16 months, two years, or three years in state prison and a fine up to $20,000.
• Drug Manufacturing: Producing, compounding, converting, processing, or preparing a controlled substance, often involving setting up or operating a drug lab. This is a serious felony, punishable by three, five, or seven years in state prison and a fine up to $50,000. Penalties are increased if minors are present, if great bodily injury or death occurs, or if manufacturing large quantities.
• Drug Distribution: The actual dispensing, delivering, or circulating of controlled substances to others. This often involves systematic transactions and is generally charged as a felony. Generally a felony punishable by three, four, or five years in prison, with fines up to $20,000. 
• Drug Trafficking: Transporting large quantities of illegal drugs, especially across state or international borders, which can result in federal charges. For a first offense under state law, sentences can range from three to nine years in state prison, with fines up to $20,000. Federal penalties can be much harsher, carrying mandatory minimum prison terms, sometimes starting at 10 years or more, depending on the type and weight of the substance.

Many other drug charges fall under these core categories, but the substance and the amount involved can affect the penalty. Different drugs and circumstances affect how prosecutors proceed.

If you have previous drug convictions, judges may compound penalties on new charges, even for misdemeanors. For example, a first conviction may result in a one-year term, but a second could double the penalty depending on the case details.

Impact of Aggravating Circumstances on Drug Charges

In many situations, courts stack additional charges or circumstances onto drug offenses, increasing the penalties you may face. These aggravating circumstances include being charged with other crimes such as murder, robbery, burglary, or assault. Each carries its own penalties, which may be served at the same time or one after another.

Prosecutors in Los Angeles often seek harsher penalties for offenses committed near schools, parks, or playgrounds. Courts also consider the quantity of drugs, possession or use of a weapon, or involvement in an organized crime ring. Los Angeles County prosecutors often use enhanced sentencing laws, so these factors can quickly turn a misdemeanor into a felony. Addressing every detail of your charges helps shape a defense in these cases.

Special Considerations for Juvenile Drug Charges

Youths charged with drug crimes face different consequences than adults. The Juvenile Justice and Delinquency Prevention Act offers options like probation, diversion programs, detention, or counseling—each tailored to rehabilitate rather than strictly punish. Courts apply these options to encourage a positive future and limit the long-term effects of a juvenile record.