Drugs & Narcotics Charges in Los Angeles

If you or a loved one has been charged with a drug-related offense, it is important to get legal representation from an experienced drug defense lawyer immediately. An effective criminal lawyer will make prompt efforts on their clients’ behalf to steer law enforcement and prosecutors away from considering serious felony charges, or even any charges, in their client's cases.

When drug cases are beat, they are most often beat by technical legal motions regarding search and seizure and the 4th Amendment. For some reason, police seem to feel free to blatantly shred the Constitution in pursuit of drug offenders. Often, their zeal to prosecute you is your best defense, as the mistakes they make in their haste to search and arrest are the leading cause of dismissal of these cases.

Spiga & Associates has helped hundreds of clients charged with drug offenses. Many cases can be resolved through referral to a drug program, such as Drug Diversion (Penal Code § 1000), Informal Drug Diversion, or Proposition 36. We have on many occasions convinced prosecutors to accept defendants in to programs that they don’t qualify for. This is important because completion of one of these aforementioned programs always results in dismissal of your case.

Don’t make the mistake of thinking that your drug charge is not serious. An arrest even for a charge of possession of less than an ounce of Marijuana, Health and Safety Code section 11357(b), is considered significant because it is a drug-related misdemeanor offense and can impact your ability to get a school loan, qualify for public housing or become a United States citizen. Penalties for drug crimes may include imprisonment, fines, mandatory drug treatment, probation, registration as a drug offender and community service.

Top Los Angeles Medical Marijuana Attorney

One of the most interesting and evolving areas of law right now is the legality (or lack thereof) of growing and possessing marijuana. The law is changing as we speak, so if you have been charged with cultivation or possession of marijuana, contact an attorney at Spiga & Associates right away to begin building your defense.

In 1996, a majority of Californians voted to enact the Compassionate Use Act (under California Proposition 215) which legalized the cultivation and possession of medical marijuana under particular circumstances. Senate Bill 420 became effective on January 1, 2004. SB 420 established the “Medical Marijuana Program,” and further clarified the Compassionate Use Act Proposition 215. SB 420 also set guidelines for patient registration, enacted criminal punishments for fraud in connection with patient identification cards, and imposed limits including the amount any one person can grow or possess.

Los Angeles medical marijuana dispensaries took a serious hit on June 7, 2010, with the passage of a city ordinance that made dispensaries which opened after November 13, 2007 illegal, despite their compliance with state and local laws. According to city officials, 186 dispensaries were opened before the 2007 cut-off date and approximately 136 remain in business; the recent ordinance called for the closure of over 400 dispensaries.

Despite this local setback, there has actually been a growing wave of support for the decriminalization of marijuana nationwide. For example, President Barack Obama and Attorney General Eric Holder both oppose federal raids on medical marijuana dispensaries as long as they are in compliance with state and local laws. Although the President does not support the full legalization of marijuana, political advocates for the cause include Massachusetts Representative Barney Frank and California Congresswoman Dana Rohrabacher; as of July 2009, supporters also include California Representatives Far, Filner, Honda, Miller, Stark, Thompson and Woolsey. On November 2, 2010, Californians will vote on whether marijuana should be legalized. The initiative is primarily aimed at generating revenue that will then be used to help fix the State’s current budget crisis.

Check out our Diligent Defender Blog for more about the upcoming vote up to date information on the changes to medical marijuana laws.

Drugs & Narcotics charges include:

Possession

"Simple possession" refers to possession of a small amount of any controlled substance (without a written prescription); possession of a larger quantity can lead to a charge of possession with intent to distribute or possession with intent to sell. Note – even if you didn’t actually intend to sell the controlled substance, you can still be charged with intent to sell if the amount found is large enough. Also, even if you don’t physically have the controlled substance on you, you may still be arrested and charged for drug possession. For example, when you are driving your car and get pulled over, even if the drugs are found in the passenger’s purse, you may still be held accountable since it is your car – even if you had no idea what your passenger was carrying!

Cultivation

Anyone who plants, cultivates, harvests, dries or processes any drug can be charged with unlawful cultivation. For those who own and operate marijuana dispensaries, BEWARE: you too can be facing criminal cultivation charges under Federal law, which strictly prohibits all activity related to marijuana.

Manufacturing

Similar to a cultivation charge related to growing marijuana, those who produce other controlled substances may be facing manufacturing charge for creating any drug other than marijuana.

Conspiracy

This is the charge for someone who knowingly helps facilitate or furthers the criminal sale, distribution or trafficking of a controlled substance or drug. Note – you do not have to actually sell the drugs to be charged with this offense since conspiracies are generally based only on a “meeting of the minds,” and not on actual steps taken by each participant. Conspiracy drug charges can carry hefty sentencing and mandatory jail time, and may be used as leverage against you when the government has its eye on a “bigger fish.” That is why it is so important to have an advocate on your side to make sure your rights are fairly represented and not taken advantage of by the prosecution.

Distribution/Trafficking

Distribution refers to delivery of a drug/controlled substance without the legal right to do so. For larger quantities, this can also be referred to as “trafficking,” which can also be charged as a federal offense. Substances included as chargeable under distribution and trafficking laws include marijuana, ecstasy, methamphetamine, cocaine, prescription drugs (without a lawful prescription) or other illegal substance.