San Francisco Drug Crime Defense Lawyers

We Protect the Rights of People Accused of Drug Crimes in San Francisco and the Surrounding Areas

Drug crimes in California can range anywhere from drug trafficking charges to possession of controlled substances, to marijuana possession. If you have been charged with a drug crime in California, you may be facing serious criminal penalties and other consequences.

The San Francisco criminal defense attorneys at The Law Offices of David S. Chesley can review the circumstances and facts surrounding your drug charge and explore all of the possible and available criminal defenses in your case. To schedule a free case evaluation with one of our lawyers, call us today or send us an email through our online contact form.

Possessing a Controlled Substance

Under the California Penal Code, it is illegal in the State of California to possess a controlled substance. These controlled substances may include narcotics, such as heroin, crack, cocaine, ecstasy, GHB, and ketamine. Even prescription drugs, such as Vicodin or Codeine – if they are not legally prescribed by a physician or other healthcare provider – are considered controlled substances under California law.

A person who is found in possession of a controlled substance may be incarcerated in a California state prison for a period of three years. Some individuals are eligible for drug diversion programs.

Possession of Narcotics for Sale or Distribution

Pursuant to the California Penal Code, it is a felony in the State of California to be in possession of illegal drugs in order to later sell them. In order to determine whether or not a suspect possessed a certain quantity of narcotics for the purpose of sale, prosecutors and police officers will examine the drug quantities, the way the drugs were packaged, and whether large sums of money were recovered along with the drugs.

In cases where the drugs were obtained in response to an invalid search warrant, the drugs may be suppressed, and the criminal case may be dismissed. Individuals who ultimately sustain a conviction for this felony charge are not eligible for a drug diversion program.

Selling or Transporting a Controlled Substance

The California Penal Code makes it illegal to administer, sell, furnish, transport, import, or give away an illegal narcotic drug in the State. Doing so can subject the offender to a felony charge. In some cases, people are arrested when police officers are undercover and the “decoy officer” initiates a drug buy. Sometimes, in those instances, the defendant may be able to raise entrapment as a defense to the charge (i.e., that the police officer unlawfully enticed him or her to initiate the drug sale).

Possessing Drug Paraphernalia in California

Possessing drug paraphernalia is illegal in the State of California, pursuant to the California Penal Code. Californians are prohibited from possessing opium pipes – as well as from possessing instruments, devices, or paraphernalia that may be used to smoke or ingest a controlled substance. In addition to pipes, these prohibited devices include bongs and needles.

If you are convicted under this portion of the Penal Code, you can be sentenced to a maximum of six months’ incarceration in county jail.

Possessing Methamphetamines in California

Under the Penal Code, it is unlawful to possess methamphetamines in the State of California. Under the law, methamphetamines include speed, meth, and crystal meth. Possessing any one of these drugs is a misdemeanor. However, possessing methamphetamines for manufacture, sale, or transportation can still subject the offender to a felony charge, potentially resulting in incarceration.

Drug and Narcotic Manufacturing Charges

The California Penal Code criminalizes the manufacture, production, compounding, or procession of drugs, narcotics, and other illegal substances in California. In order to be charged and convicted of drug or narcotic manufacture, the person must have actually started to manufacture the illegal drug. Merely preparing to manufacture the drug or gathering the necessary supplies is not sufficient to result in a conviction for this offense. Running a meth lab in the State is the type of activity which is likely to result in a charge or conviction.

A conviction for drug and narcotic manufacturing in California carries with it several harsh potential penalties. Those penalties include a maximum of seven years of incarceration in a California state prison. In determining the total length of the criminal sentence, prosecutors and judge look to certain factors, including the volume or quantity of the drug involved, whether there were children who were near the location where the drugs were processed, and whether another individual suffered injuries or death.

Other closely related offenses to drug and narcotic manufacture include cultivating or harvesting peyote (i.e., either a felony or a misdemeanor offense which can result in a prison sentence at a state facility) and possession of materials used to manufacture a controlled substance. This latter offense is a felony in California.

Being Under the Influence of a Controlled Substance

Controlled substances in this context include cocaine, heroin, methamphetamines, GHB, and ecstasy. If the person does not have a valid prescription from a doctor, it can include being under the influence of otherwise legal drugs, such as Valium or Xanax.

A conviction for this offense may result in a maximum of one year’s incarceration in county jail. In some cases, a skilled San Francisco criminal defense lawyer may be able to get defendants into a drug diversion program that, if successfully completed, will result in the case being dismissed.

Driving Under the Influence of Drugs

Individuals in the State of California are prohibited from operating a motor vehicle while they are under the influence of alcohol or drugs – even legally prescribed drugs, in some situations. This is true especially if the prescription drug has the potential to impair a person’s driving abilities while operating a vehicle on the road.

Marijuana Laws in California

Beginning in January of 2018, adults who are 21 years of age or older are allowed to possess a maximum of an ounce of marijuana in the State or a maximum of eight grams of concentrated cannabis. However, it is still illegal to sell, cultivate, possess, or use marijuana in the State, absent certain exceptions.

If you are convicted of possessing a small amount of marijuana, you may receive a minor penalty, including a monetary fine. However, if you are convicted of cultivating, transporting, or selling marijuana in the State, you will likely be facing felony penalties, including jail time.

The San Francisco criminal defense attorneys at the The Law Offices of David S. Chesley may be able to help you obtain a dismissal of your criminal charge. In the alternative, we may be able to help you get your charge reduced by negotiating a favorable plea deal with the prosecuting attorney.

Possible Defenses to California Drug Crimes

In order to obtain a dismissal, it is necessary to formulate a good (and successful) legal defense to your criminal drug charge. Potential defenses to California drug charges include the following:

• Violation of a defendant’s constitutional rights (especially with regard to searches and seizures)
• Police entrapment (especially in the form of police sting operations)
• Arresting someone without any evidence that the drugs belonged to the arrestee

Talk to our California Experienced Drug Crime Lawyers Today

If you are currently facing a California drug charge, the potential risks and consequences are too great to go without the assistance of an experienced attorney. At The Law Offices of David S. Chesley, our legal team will work with you to bring about a favorable resolution of your case.

To schedule a free consultation and case evaluation with a drug crime defense attorney in San Francisco, call our office today or contact us online.