First-Time Drug Offenses in California: A Guide

If you’ve been arrested for a drug crime in California, you’re probably worried – and with good reason. Facing drug charges can raise questions such as, “Will I go to jail?” “Will I have to pay a fine?” and “How will this affect my future?” If you’ve never dealt with the criminal justice system before, the fear of the unknown can increase your anxiety. 

This article answers common questions for first-time drug offenders. It discusses issues such as common drug charges, what happens after arrest, diversion programs, and more. It also explains how a Marin County drug lawyer can help you or your loved one with a drug charge. 

Common First-Time Drug Charges 

California has dozens of drug crimes. Some of the most commonly charged drug crimes include: 

• Simple possession. This means that you knowingly had a quantity of an illegal drug on your person, but only enough for personal use. There was no intent to sell to or manufacture for anyone else. 

• Possession of drug paraphernalia. You had objects commonly related to drug use (e.g., a crack pipe or heroin needle).

• Unlawful cannabis possession. While cannabis (marijuana) is legal in our state, there are limits to how much one person can have and where it can be possessed (e.g., not on the premises of an elementary, middle, or high school). 

• Possession of cannabis for sale without a license. To maintain the integrity of legal marijuana, all sellers must be properly licensed. 

• Possession for sale. Unlike simple possession, this crime involves possession with an amount that is for more than personal use or having the drug along with tools (e.g., scales or baggies) that show an ability to intend to sell to others.  

California’s drug crimes can be divided in many ways, but one of the most common involves the type of drug. Under Section §11019 of the California Health & Safety Code, a “narcotic drug” is any drug composed of “opium, opiates, derivatives of opium and opiates, cocaine, or coca leaves.” Drugs in this category include: 

• Heroin
• Fentanyl
• Oxycodone (brand names such as OxyContin and Percocet)
• Hydrocodone (brand names Vicodin and Norco)
• Cocaine (both powder and crack) 

California also punishes non-narcotic drugs. These drugs come from sources other than opioids or cocaine, but they can still be dangerous. They can be prescription or street drugs. Examples of drugs in this category include: 

• Methamphetamine (meth)
• MDMA (ecstasy or “Molly”) 
• Ketamine
• Psilocybin (“magic mushrooms”)
• Adderall (amphetamine salts)
• Ritalin (methylphenidate)
• Xanax (alprazolam)
• Valium (diazepam)
• Ambien (zolpidem)

What Happens After I’m Arrested for a Drug Crime in California? 

Generally, there are two paths to a drug arrest in California, but the most common path is investigation by the police followed by an arrest. And then: 

• The prosecutor will review the evidence. 

• If the evidence is sufficient, the prosecutor will file a criminal complaint.

• At a proceeding called an arraignment, the judge will inform you about  the charges and your legal rights, you’ll be asked to enter a plea, and the judge will make decisions on bail. 

• For felonies only, a preliminary hearing will be held within 10 days of the arraignment. The judge will decide if there is probable cause for the charges. If the judge agrees, you’ll be “held to answer” on the charges and the prosecutor will have to file an information to replace the complaint. Then, there will be a second arraignment on those charges. 

• After these steps are finished, discovery begins. During discovery, the parties exchange information. Your Marin County criminal defense attorney can also file motions, such as motions to suppress evidence. 

During this stage, the prosecution may offer you a plea deal. If you accept, the case will move to sentencing. If there isn’t a plea, the case will go to trial. 

Possible Penalties for California Drug Crimes

In California, simple possession of narcotic or non-narcotic substances is a misdemeanor. The maximum sentence is one year in county jail. However, the penalties for felony drug charges change depending on the type of drug involved and the particular activity. For example: 

• Felony possession of a non-narcotic for sale can be punished by 16 months to three years in prison and a maximum fine of $10,000. 

• Felony possession of a narcotic for sale carries a prison sentence of two to four years and a maximum fine of $20,000.

• Felony sale or transport of non-narcotics can lead to two to four years in prison, not including enhancements for selling methamphetamine. 

• A conviction for felony sale or transport of narcotics can lead to a sentence of anywhere from three to nine years in prison not including any enhancements given based on the quantity of drugs involved. 

Diversion: Another Option 

These penalties for breaking California’s drug laws can be harsh, but there is hope. Proposition 47 changed simple possession in California from a felony to a misdemeanor, this charge is now eligible for diversion under California Penal Code §1000. In diversion, the defendant asks the judge to pause the case for a specific time to allow them to complete relevant programming. (In drug cases, the programming usually involves substance use education classes or rehabilitation.) If the defendant successfully completes the program during the time allowed, the charges will be dismissed. 

Diversion has many advantages. First, if you complete diversion, you’ll avoid jail time. Additionally, you won’t have a criminal conviction at the end of the case. (After AB 208, you don’t even have to plead guilty to be eligible for diversion.) Best of all, once you complete diversion, California law makes it easy to clear your record. 

First-time offenders are usually good candidates for diversion, but it’s entirely up to the judge. The facts of the case matter, and so do your personal characteristics. Talk to your Marin County drug lawyer to learn more about whether diversion is a good option in your case. 

How a Lawyer Can Help You Fight a First-Time Drug Charge 

Every criminal charge, even if it’s your first one, can carry serious consequences. In addition to fines and jail time, a criminal conviction can affect your reputation and employability. Fortunately, you don’t have to handle it alone. An experienced Marin County drug attorney can help you fight the charges by: 

• Arguing that the drugs weren’t actually yours 
• Disputing the amount or type of drugs in question 
• Questioning police evidence storage and other procedures 
• Challenging any illegally obtained evidence
• Convincing the court that you qualify for diversion 
• Helping you clear your record if you plead guilty or are found guilty

If you need legal help with a drug charge in California, contact Brownstein Law Group. We truly believe that a single mistake shouldn’t define your whole future, and we’ll use our experience to make sure that it doesn’t. To learn more about how our team can help you, call 415-795-9059 or use our online form to schedule a consultation.