California Drug Crimes Laws and Penalties – All You Need to Know

California drug crime laws are constantly evolving as the state continues to make significant strides in decriminalizing or reducing penalties associated with certain drug crimes. Nevertheless, California lawmakers have demonstrated a continued commitment to protecting its residents from the effects of drug crimes. Staying abreast of California drug crime laws and penalties is important if you are living or thinking of moving to California.

Types of Drug Crimes in California and Penalties for First-Time Offenders

Offenses involving controlled substances are defined by California’s Uniform Controlled Substance Act. Controlled substances (or narcotics) are classified in five different schedules (or categories) by the United States Drug Enforcement Administration (DEA).

Schedule I substances have the highest potential for abuse, while Schedule V drugs are considered the least addictive, though they may still be harmful if abused.

The following is a list of potential drug crimes under California law involving controlled substances:

Drug Possession

It is unlawful to possess a controlled substance without a valid prescription in California. Those convicted of illegal possession of controlled substances can face a jail sentence of up to one year for a first-time conviction and up to $1,000 in fines or community service if given probation.

Drug Distribution

The unauthorized distribution of controlled substances is illegal. Distribution includes the unlawful offering, selling, or transporting of these substances. The accused must have agreed or consented to carrying out the act in order to be charged. Similar to drug possession, this carries a first-time penalty of up to one year in confinement.

Drug Manufacturing

Drug manufacturing includes compounding, processing, or preparing certain controlled substances outlined in specific statutes. A person found performing this activity or offering to manufacture a specific drug can be found guilty of a felony and may face up to 7 years of confinement and a fine not exceeding $50,000.

Possession of Drug Paraphernalia

Possessing or selling and furnishing drug paraphernalia, including opium pipes and hypodermic needles, may constitute a drug crime and is typically charged as misdemeanors, carrying a penalty of up to 6 months in county jail and up to $1,000 in fines. When a person manufactures drug paraphernalia with the intent to sell, it may be charged as a felony, carrying a more severe sentence.

Though this is not a comprehensive list of all drug crimes under California law, they represent some of the most serious drug-related offenses. Some statutes go more in-depth for the penalties associated with the possession or selling of specific substances, including heroin, cocaine, and fentanyl.

Aggravating Factors for Drug Crimes

Though each statute provides the penalties associated with drug crimes, aggravating factors may lead to a steeper sentence, including additional years in confinement, larger fines, and converting a misdemeanor into a felony.

Aggravating factors for drug crimes can include the following:

• Having been previously convicted of a crime, including drug-related crimes.
• Possessing a controlled substance for the commission of sexual assault.
• Involving a minor under the age of 18 in a drug crime, including selling a controlled substance to a minor and soliciting or encouraging a minor to commit a drug-related offense.
• Carrying out a drug-related offense on the grounds of a place of worship or near a playground or school.

It is important to be aware of which factors can lead to a felony drug charge, as having three felonies leads to an automatic sentence of 25 years to life in California.

Cannabis Laws in California

It is legal in California to possess and consume cannabis, as long as the person is over 21 years old or 18 or older if the cannabis is for medicinal use. It is unlawful, however, to smoke marijuana or marijuana products in public spaces or near schools or day-care centers.

There are certain limitations to cannabis use, including amounts, having an open container with cannabis in a vehicle, or the amount of cannabis that can be grown in one’s home.

Local laws may impose additional restrictions on the use of cannabis. In Sonoma County, for example, there are restrictions on the use of marijuana in multi-unit housing and hotels.

FAQs

Q: What Is the Penalty for Drug Crime in California?

A: The penalty for a drug crime in California depends on the specific drug crime, including the particular substance(s) involved and amounts and whether there were aggravating factors present during the commission of a crime. A first-time conviction of unlawful possession of a controlled substance is a misdemeanor and carries a sentence of up to one year in jail and a fine of $1000.

A felony drug charge can lead to larger fines and a longer prison sentence.

Q: What Is the New Drug Law in California?

A: In November 2024, California residents voted YES on Proposition 36, California’s Homelessness, Drug Addiction, and Theft Reduction Act. Among other changes, the law, which is effective as of December 18, 2024, places stricter penalties for trafficking of fentanyl and other drugs and requires courts to warn those convicted of drug trafficking that they may face murder charges for drug-related deaths.

Q: Can a First-Time Drug Charge Lead to a Jail Sentence in California?

A: It is possible for a first-time drug offender to go to jail in California. Certain crimes like drug possession may lead to probation and fines or community service for a first-time offender. With more serious crimes, including those involving minors, there is a lower possibility of receiving probation, especially if the defendant has a criminal record.

Q: How Long Does a Drug Felony Stay on Your Record in California?

A: A drug felony remains on your criminal record in California unless you petition to have your record expunged or if you receive a pardon. A petition for record expungement may be submitted following a specified period from the completion of your sentence. Although a conviction can be dismissed from your record, it does not completely disappear and can be reviewed if you are accused of a crime in the future.

California Drug Crime Laws and Penalties Are Extensive

Drug crime laws vary from state to state. If you are living or staying in California, being aware of the state’s drug laws may help you avoid legal consequences. You can find the specifics of numerous types of drug crimes under California’s Health and Safety Code, including drug possession, distribution, and manufacturing. These laws apply to controlled substances as defined by the U.S. Drug Enforcement Administration.

If you are interested in learning more about California’s changing drug crime laws and how they affect you, you can seek the legal counsel of Tully & Weiss. Our knowledgeable team thoroughly understands California drug crime laws and penalties. We provide criminal defense representation for those facing a drug charge. We can also assist you with drug record expungement.

Contact us today to discuss your case.