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Drug Crimes in Los Angeles: Possession, Sales, Transportation, Cultivation, and Trafficking
If you have been accused of a drug crime, then you need a top-rated and skilled drug crimes defense attorney to fight your case. Common drug crimes include possession, possession for sale, transportation, cultivation, and manufacturing of a controlled substance. The Law Offices of Karen L. Goldstein knows the inner workings of California’s state and Federal drug laws and can help you achieve your goals whether you are seeking: an outright dismissal of all drug charges, a reduction in the seriousness of the drug charges, or the opportunity to complete an outpatient or inpatient drug rehabilitation program instead of serving jail or prison time.
Defend yourself against State and Federal Drug Crimes Penalties
Both the Federal Government and California law prohibit the possession, sales, transportation, and/or manufacturing or trafficking of illegal drugs such as:
- methamphetamine
- cocaine
- marijuana (*see medical marijuana section below)
- concentrated cannabis (hash)
- “club drugs” such as ecstasy or “g”
- heroin
- crack
- illegally obtained prescription drugs such as vicodin or oxycotin
- LSD or acid
Federal Drug Crimes
The Federal Government has enacted the United States Controlled Substances Act to regulate the sale and distribution of controlled substances in the United States. The U.S. Drug Enforcement Agency (DEA) is one of the predominant Federal agencies responsible for investigating federal drug crimes.
Under the Federal Sentencing Guidelines, Federal drug trafficking is referred to as “Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses).” Federal drug trafficking is often charged as a drug conspiracy where multiple defendants are accused of selling substantial quantities of illegal substances across state lines or across national borders. When the prosecution charges conspiracy, it forces each and every defendant in the conspiracy to be legally responsible for the entire quantity of drugs found in the case even if some of the defendants only worked with a very small quantity of drugs or only helped with a small part of the larger drug operation.
Furthermore, under the Federal Drug Crimes laws there are strict penalties which potentially include 10 year and 5 year mandatory minimum sentences in prison. A mandatory minimum sentence means that a Judge has no choice but to impose a minimum sentence of 5 or 10 years in the Federal prison unless certain limited factors apply to the case.
A Federal drug conviction can also lead to denial of federal benefits and forfeiture of personal property and real estate. Due to the extreme severity of the potential sentences imposed in Federal drug cases, in particular with respect to the harsh mandatory minimums, it is essential to consult with an aggressive and knowledgeable drug crimes attorney regarding your case.
California State Drug Crimes
California has enacted the Uniform Controlled Substances Act as part of its Health and Safety Code. California has many alternative kinds of penalties for various crimes which include:
- Possession of drugs
- Possession for sale of drugs
- Sale of drugs
- Transportation of drugs
- Cultivation of drugs
Under California law, drug sales, including drug possession with intent to sell, and drug transportation are generally charged as felony cases. Drug possession; however, can be charged as either a misdemeanor or a felony, depending on the circumstances. The prosecutor’s decision whether to charge possession, possession for sales, or sales, depends upon factors such as:
- the quantity of the controlled substance involved in the transaction
- the kind of substance
- the intent of the possessor
- whether the incident took place in an area known for drug use/sales
- possession of baggies, scales, pay/owe sheets, significant amounts of cash
- other drug paraphernalia such as pipes, rolling papers etc.
Furthermore, when there is only an allegation of simple drug possession, there are many alternative sentencing options potentially available instead of jail or prison time. These options include:
- Deferred Entry of Judgment (also known as “DEJ” or “P.C. 1000”)
- Proposition 36 (known as “Prop 36”)
- Informal Drug Diversion
- Drug Court
If you, or a loved one, is facing a drug crimes case, then consult with a skilled and experienced drug crimes attorney at the Law Offices of Karen L. Goldstein who can carefully evaluate all your legal options: (888) 445-6313.
Medical Marijuana
Under California Law, Proposition 215, a person who has a valid medical marijuana prescription from an authorized primary caregiver is permitted to possess marijuana in limited quantities: 6 mature, or 12 immature marijuana plants, and 1/2 pound (8 oz.) of processed cannabis. Unfortunately the medical marijuana laws are often misunderstood, and misapplied, which results in the prosecution of many criminal cases involving the possession, sales, or cultivation of medical marijuana on both a state and Federal level. If you, or a loved one, has been accused of possession, sales, or cultivation of medical marijuana, then consult with an aggressive and experienced drug crimes attorney at the Law Offices of Karen L. Goldstein. Do not leave your future to chance. Both Federal and California drug laws can be extremely confusing. It takes a skilled, knowledgeable criminal defense attorney to help navigate through the complicated laws and to provide you with a thorough and aggressive defense. If you have been charged with a state or federal drug crimes offense, then contact The Law Offices of Karen L. Goldstein today for a free, confidential consultation: (888) 445-6313.
