California Drug Offense Laws

Defense Attorneys Serving Sacramento, Placer & El Dorado Counties

If you’ve been arrested or are under investigation for a drug offense in Sacramento, Placer, or El Dorado County, you need an experienced criminal defense attorney who understands the complexities of California’s Health and Safety Code. Our legal team provides aggressive, knowledgeable defense for all drug charges, from simple possession to trafficking.

UNDERSTANDING CALIFORNIA HEALTH & SAFETY CODE DRUG STATUSES

California drug crimes are prosecuted under various sections of the Health & Safety Code (HSC). Below are key statutes and what they mean for your case:

HSC §11350 – Possession of a Controlled Substance
This statute covers the unlawful possession of controlled substances like cocaine, heroin, or prescription medications without a valid prescription.

  • Misdemeanor: Up to 1 year in jail
  • Felony (with priors): 16 months, 2 or 3 years

HSC §11351 – Possession for Sale
If you’re found with large quantities of drugs or evidence like scales, packaging, or cash, you may be charged with possession for sale, a felony.

  • Penalties: 2, 3, or 4 years in county jail, large fines

HSC §11352 – Drug Trafficking / Transportation
This applies to the sale, transport, or distribution of controlled substances.

  • Felony charge: 3 to 9 years depending on circumstances
  • Enhancements: Additional penalties for trafficking near schools or across county lines

HSC §11357 – Marijuana Possession
Despite legalization, it’s still a crime to:

  • Possess more than 28.5 grams of marijuana
  • Possess concentrated cannabis without proper authorization
  • Possess marijuana under age 21

HSC §11358 – Illegal Cultivation of Marijuana
Growing marijuana plants without a license can lead to serious penalties, especially if connected to illegal sales or organized crime.

HSC §11359 – Marijuana Possession for Sale
Selling or intending to sell marijuana without a proper license is still a felony under state law, despite recreational legalization.

PENALTIES & SENTENCING ENHANCEMENTS

California law includes sentencing enhancements that can increase jail or prison time, including:

  • Prior drug convictions
  • Possession of firearms during a drug offense
  • Offenses near schools or involving minors
  • Large quantities indicating trafficking
LOCAL EXPERIENCE IN SACRAMENTO, PLACER & EL DORADO COURTS

Each county handles drug cases differently. Our attorneys are familiar with the judges, prosecutors, and procedures in:

  • Sacramento County Superior Court
  • Placer County Superior Court (Roseville, Auburn)
  • El Dorado County Courts (Placerville, South Lake Tahoe)

We use this local knowledge to negotiate plea deals, argue for diversion programs, or seek full dismissals based on unlawful searches, lab errors, or constitutional violations.

LEGAL DEFENSES AGAINST DRUG CHARGES

We will examine your case for every possible defense:

  • Illegal Search & Seizure (4th Amendment violations)
  • Entrapment by law enforcement
  • Lack of knowledge or control over the substance
  • Valid prescription or medical marijuana defense
  • Errors in lab analysis or chain of custody
ALTERNATIVE SENTENCING & DIVERSION PROGRAMS

Many non-violent drug offenders may qualify for:

  • Drug Court
  • Proposition 36 Programs
  • Deferred Entry of Judgment (DEJ)
  • PC §1000 Diversion

We fight to keep you out of jail and focus on rehabilitation over punishment wherever possible.

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