In Santa Monica, California, the possession of controlled substances is categorized into five groups according to the California Uniform Controlled Substances Act. The penalties for having illegal prescription drugs or street drugs can differ based on factors like the quantity you had, your intention to distribute, and the specific substance involved. In Santa Monica’s court system, you could be charged with drug possession, having drugs with the intent to sell, or engaging in drug trafficking.
Generally, drugs with higher potential for misuse, such as:
lead to more severe punishments compared to lesser charges like Marijuana possession. Even though Prop. 47 lessened the seriousness of many drug possession cases to misdemeanors, even a misdemeanor conviction can have serious repercussions.
If you’re facing a drug-related arrest for controlled substance possession or having drug-related tools, your best step forward is to connect with a skilled criminal defense lawyer. They can provide insight into your options and guide you on how to achieve the most favorable outcome for your case.
POSSESSION OF MARIJUANA (HS 11357) – SANTA MONICA LAW
In Santa Monica, the rules around marijuana are a bit different. You’re allowed to have marijuana and concentrated cannabis legally if you’re 21 or older, and it’s for your own use. There are specific quantities you should stick to. If you’re above 21, you’re also permitted to grow up to 6 marijuana plants for your personal use. But remember, growing more than this or breaking these rules could lead to a charge for marijuana cultivation.
It’s important to note that you can face charges related to intent to sell marijuana if you’re caught:
- Selling marijuana
- Transporting marijuana with the intention to sell it
- Importing marijuana
- Giving marijuana to others
When it comes to marijuana charges, Santa Monica treats them as either misdemeanors or felonies based on the specifics of your situation. If you’re convicted of a marijuana-related drug offense, you could face up to 4 years in jail.
While most marijuana-related offenses aren’t seen as severe, unless they involve accusations of sales or trafficking, “designer” or synthetic marijuana like “Spice,” and concentrated cannabis such as “Hash,” are dealt with more seriously in Santa Monica.
Your situation might also lead to felony drug possession charges in Airport Court if you have previous serious felony convictions or are required to register as a sex offender. In cases where drug diversion isn’t an option, a conviction for marijuana possession could result in the following penalties:
- For the infraction of possessing marijuana under HS 11357(b), penalties include fines of up to $100, participation in a court-mandated drug education class or program, and the advantage of not incurring a criminal record.
- In the case of misdemeanor possession of marijuana as per HS 11357(c), potential repercussions encompass up to 6 months of jail time, fines reaching up to $500, being placed on summary probation, involvement in community service or labor, enrollment in a court-directed drug education program, and obtaining a criminal record.
- The possession of concentrated cannabis as outlined in HS 11357(a) carries differing penalties based on the severity of the offense. For a misdemeanor, penalties can involve up to 1 year in jail, fines of up to $500, summary or formal probation, community service or labor, participation in a court-required drug education program, and a resulting criminal record. In cases elevated to a felony level, the consequences can extend to up to 3 years in prison, the same fines as for the misdemeanor, formal probation, community service or labor, mandatory enrollment in a court-specified drug education program, and the creation of a criminal record.
POSSESSION OF COCAINE (HS 11350) – SANTA MONICA LAW
Possession of Cocaine (HS 11350) in Santa Monica is regulated by California law. This statute, HS 11350, addresses the illegal possession of Cocaine, a controlled substance. Prior to Prop. 47, Cocaine possession was generally treated as a felony offense. However, the passing of Prop. 47 reclassified simple possession of Cocaine as a misdemeanor in most cases. Nonetheless, felony charges can still apply in certain circumstances, such as having a prior record of serious felony convictions or being a registered sex offender.
The possession of Cocaine is taken seriously due to its addictive nature, leading to focused investigations and prosecutions in Santa Monica. If you’re found possessing a loaded firearm along with Cocaine, the consequences can be even more severe. It’s important to understand the specific regulations and potential outcomes related to Cocaine possession under HS 11350 in Santa Monica to navigate the legal landscape properly.
POSSESSION OF HEROIN | HS 11350
Heroin is classified as a schedule 1 drug due to its high potential for physical and psychological dependence. Consequently, drug-related offenses involving Heroin in Santa Monica, such as Heroin possession or possession with intent to sell under HS 11351, carry more severe penalties. Although Prop. 47 reduced simple Heroin possession from a felony to a misdemeanor in most cases, your previous criminal record can subject you to more stringent sentencing through an enhanced felony Heroin possession charge.
For those who qualify, Heroin possession is eligible for diversion in Airport Court, while possession with the intent to sell Heroin is not. If you’re charged with simple Heroin possession, the potential penalties are as follows:
- Up to 1 year in jail for a misdemeanor or up to 3 years in prison for a felony
- A fine of up to $1,000 for a first offense or up to $2,000 for a second offense
- The possibility of summary or formal probation
- Involvement in community service or labor
- Participation in a court-ordered drug education program
- The resulting establishment of a criminal record
POSSESSION OF “METH” | HS 11377
Possession of “Meth” under HS 11377 in Santa Monica is taken seriously by law enforcement and prosecutors. Classified as a wobbler offense, Methamphetamine possession can be charged as either a misdemeanor or a felony, depending on the circumstances. While Prop. 47 transformed many Meth possession cases into misdemeanors, there are situations where felony charges still apply. Drug diversion eligibility is applicable for Meth possession, and if qualified, you may benefit from diversion programs. If not, penalties can include up to 1 year in jail for a misdemeanor or up to 3 years in prison for a felony, fines up to $1,000, probation, community service, court-mandated drug education, and a resulting criminal record.
POSSESSION OF COCAINE (HS 11350) – SANTA MONICA LAW
In Santa Monica, California, the possession of prescription drugs without a valid prescription, as outlined in BP 4060, is a matter of increasing concern due to the rise in prescription drug abuse and addiction. This includes drugs like hydrocodone, oxycodone, Xanax, and Adderall, which have gained popularity among recreational users. Covered by the California Business and Professions Code, specifically 4060, this law makes it unlawful to possess prescription drugs without a legitimate prescription provided directly by a licensed doctor. Similar to the possession of substances like Meth, Heroin, and Cocaine, drug possession offenses in Santa Monica are typically treated as misdemeanor drug crimes. If you find yourself facing charges under BP 4060, the potential consequences are significant, including the possibility of up to 1 year in jail for a misdemeanor or up to 3 years in prison for a felony, fines reaching up to $1,000, probation, involvement in community service or labor, participation in a court-ordered drug education program, and the establishment of a criminal record.
CHARGES FOR DRUG POSSESSION FOR SALE AND DRUG TRAFFICKING
POSSESSION FOR SALE
Being found with specific quantities of a controlled substance can result in a possession for sale charge, even if you weren’t caught in the act of selling the drug. This is treated as a felony in Santa Monica’s legal system, and you can face this charge without having been directly observed engaging in a sale. Conviction for possession for sale can lead to significant consequences, including fines of up to $20,000 and up to 4 years of imprisonment.
Drug trafficking involves the transportation of controlled substances with the intention to sell them. Typically, the quantity of drugs being moved is substantial, although this isn’t always the case. Drug trafficking charges are usually handled by the Drug Enforcement Agency (DEA) and may lead to federal court prosecution. Federal convictions tend to result in severe penalties, such as up to 40 years in prison and fines reaching $2 million for a first-time offense.
When facing drug charges at either the state or federal level, it’s crucial to seek the assistance you need. An experienced Los Angeles drug crimes attorney can offer guidance and support, helping you build a strong defense to navigate these serious legal matters.
CHARGES FOR POSSESSING DRUG PARAPHERNALIA
Drug paraphernalia refers to items associated with illicit drugs. If you’re discovered with certain tools, you might end up with criminal charges. Some of these tools include:
- Certain types of needles
- Cocaine spoons
- Crack pipes
In Santa Monica’s legal system, possessing drug paraphernalia is classified as a misdemeanor offense. If you’re convicted of such a charge, you could be looking at a fine of up to $1,000 and a potential jail sentence of up to 6 months.
GET THE HELP YOU NEED FROM A DRUG CRIMES LAWYER
When it comes to facing drug-related legal challenges in Santa Monica, you can rely on the expertise and support of Cyrus Tabibnia, a skilled drug crimes lawyer. With a deep understanding of the complexities of drug laws and a commitment to your defense, Cyrus Tabibnia is your go-to source for guidance and advocacy.
Navigating drug charges can be overwhelming, but with the right legal assistance, you can have peace of mind knowing that your rights and best interests are being protected. Cyrus Tabibnia’s experience and dedication can provide you with the help you need to build a strong defense strategy tailored to your unique situation.
Whether you’re dealing with charges related to possession, distribution, or trafficking, Cyrus Tabibnia can offer the advice and representation necessary to achieve the best possible outcome. Don’t face these challenges alone—reach out to Tabibnia Law Firm to ensure that your case is handled with the utmost care and expertise. Our law firm is serving clients throughout Southern California.
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