Drug Crimes Defense in California: Possession, Sales, and Transportation Charges

California Drug Crimes: What You Need to Know

California has some of the most complex drug laws in the nation. Recent changes, including Proposition 47 (passed in 2014) and Proposition 64 (legalizing recreational marijuana in 2016), have significantly altered the landscape of drug crimes in California. However, drug charges—whether for possession, sales, or transportation—still carry serious consequences, including jail time, fines, and a permanent criminal record.

If you have been arrested for a drug crime in Riverside County—whether in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Perris, Hemet, San Jacinto, Corona, Riverside, or anywhere else in the county—it is essential to understand the charges you are facing and the defenses available to you. At the Law Office of Nic Cocis, we have over 25 years of experience defending clients against drug charges throughout Riverside County including Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Perris, Hemet, San Jacinto, Corona, Riverside, and surrounding areas.

Types of Drug Crimes in California

California law divides drug offenses into several categories, each with different penalties:

Simple Possession (Health & Safety Code § 11350) - Possessing a controlled substance for personal use. Under Proposition 47, simple possession of most drugs (including cocaine, heroin, methamphetamine, and prescription drugs without a prescription) is now a misdemeanor punishable by up to 1 year in county jail.

Possession for Sale (Health & Safety Code § 11351) - Possessing a controlled substance with the intent to sell it. This is a felony charge that can result in 2 to 4 years in state prison. Factors that suggest intent to sell include large quantities, packaging materials, scales, large amounts of cash, and communications indicating drug sales.

Sale or Transportation of Drugs (Health & Safety Code § 11352) - Selling, furnishing, administering, giving away, or transporting controlled substances. This is a felony punishable by 2 to 4 years in state prison (or more for large quantities or sales to minors).

Manufacturing or Cultivation (Health & Safety Code § 11379.6) - Manufacturing methamphetamine or other controlled substances, or cultivating marijuana beyond the legal limits. Manufacturing meth is a serious felony with penalties of 3 to 7 years in state prison.

Possession of Drug Paraphernalia (Health & Safety Code § 11364) - Possessing items used for drug use, such as pipes, syringes, or spoons. This is typically a misdemeanor.

Marijuana Laws in California

While recreational marijuana is legal in California for adults 21 and older, there are still restrictions and criminal penalties for certain marijuana-related conduct:

Possessing more than 28.5 grams of marijuana (or 8 grams of concentrated cannabis) is a misdemeanor
Cultivating more than 6 marijuana plants is a misdemeanor or felony
Selling marijuana without a license is a misdemeanor or felony
Possessing or using marijuana on school grounds is a misdemeanor
Driving under the influence of marijuana is a misdemeanor or felony

Riverside County Court Locations for Drug Cases

Drug crime cases in Riverside County are prosecuted at several courthouse locations:

Southwest Justice Center (Murrieta) - Handles cases from Murrieta, Temecula, Menifee, Wildomar, Lake Elsinore, and surrounding Southwest County areas
Historic Courthouse (Riverside) - Serves the city of Riverside and central county communities
Banning Justice Center - Handles cases from Banning, Beaumont, and eastern Riverside County
Indio Larson Justice Center - Serves Indio, Coachella Valley, and desert communities
Corona Court - Handles cases from Corona, Norco, and western Riverside County

Penalties for Drug Crimes in California

The penalties for drug crimes in California vary widely depending on the specific charge, the type and quantity of drug involved, and your criminal history:

Misdemeanor Drug Possession:

Up to 1 year in county jail
Fines up to $1,000
Probation with drug testing and counseling
Eligibility for drug diversion programs

Felony Drug Possession for Sale:

2 to 4 years in state prison
Fines up to $20,000
Probation with strict conditions
Permanent criminal record

Felony Drug Sales or Transportation:

3 to 9 years in state prison (depending on quantity and circumstances)
Fines up to $20,000
Enhanced penalties for sales near schools or to minors
Permanent criminal record affecting employment and housing

Felony Drug Manufacturing:

3 to 7 years in state prison
Fines up to $50,000
Additional penalties for environmental damage or child endangerment

Drug Diversion Programs in California

California offers several drug diversion programs that allow eligible defendants to complete drug treatment instead of serving jail time:

Proposition 36 (Penal Code § 1210) - Allows first and second-time non-violent drug offenders to receive probation and drug treatment instead of incarceration.

Deferred Entry of Judgment (Penal Code § 1000) - Allows first-time drug offenders to complete a drug treatment program, after which the charges are dismissed.

Drug Court - A specialized court program that provides intensive supervision, drug testing, and treatment for drug offenders. Successful completion can result in reduced charges or dismissal.

These programs can be an excellent alternative to jail time, but eligibility requirements are strict, and not all defendants qualify. An experienced criminal defense attorney can help you determine if you are eligible and advocate for your participation in a diversion program.

Common Defenses to Drug Charges

If you have been charged with a drug crime in Riverside County, there are several defenses that may apply to your case:

Illegal Search and Seizure - The Fourth Amendment protects you from unreasonable searches and seizures. If law enforcement searched your person, vehicle, or home without a valid warrant or probable cause, any evidence they found may be suppressed, leading to dismissal of charges.

Lack of Possession - The prosecution must prove that you knowingly possessed the drugs. If the drugs were found in a shared space (such as a car or home with multiple occupants), we can argue that you did not have possession or control over them.

Lack of Knowledge - You cannot be convicted of drug possession if you did not know the drugs were there. For example, if someone left drugs in your car without your knowledge, you may have a valid defense.

Entrapment - If law enforcement induced you to commit a drug crime that you would not have otherwise committed, you may have an entrapment defense.

Lack of Intent to Sell - If you are charged with possession for sale, we can argue that the drugs were for personal use only, which would reduce the charge to simple possession (a misdemeanor).

Crime Lab Errors - The prosecution must prove that the substance is actually an illegal drug. We can challenge the chain of custody, testing procedures, and lab results to create reasonable doubt.

Why You Need an Experienced Drug Crimes Defense Attorney

Drug charges can have serious consequences, including jail time, fines, and a permanent criminal record that can affect your employment, housing, and educational opportunities. Here's why you need an experienced criminal defense attorney on your side:

Protect Your Constitutional Rights - We ensure that law enforcement followed proper procedures and did not violate your rights during the investigation or arrest.

Challenge the Evidence - We scrutinize the prosecution's evidence, including the legality of the search, the chain of custody, and the reliability of lab results.

Negotiate for Reduced Charges - In many cases, we can negotiate with prosecutors to reduce felony charges to misdemeanors, or secure participation in a drug diversion program instead of jail time.

Trial Representation - If your case goes to trial, you need a skilled trial attorney who knows how to challenge the prosecution's evidence and present a compelling defense to the jury.

How the Law Office of Nic Cocis Can Help

At the Law Office of Nic Cocis, we understand that drug charges can arise from addiction, poor choices, or simply being in the wrong place at the wrong time. We take the time to understand your situation, investigate the facts, and develop a defense strategy tailored to your unique circumstances.

With over 25 years of experience defending clients in Riverside County courts, attorney Nic Cocis has the local knowledge and courtroom skills to effectively challenge drug charges. We know the judges, prosecutors, and procedures throughout Riverside County, and we use this knowledge to your advantage.

Contact Us for a Free Consultation

If you or a loved one has been arrested for a drug crime anywhere in Riverside County, contact the Law Office of Nic Cocis today for a free consultation.

Call (951) 400-4357 now to protect your rights and your future.