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In 2018, there were 191,706 misdemeanor arrests and 28,376 felony arrests for drug-related offenses in California. California has strict laws against drug crimes and dedicates an enormous amount of resources towards fighting the cause. If convicted of a drug crime, offenders may be facing severe penalties, including substantial fines, lengthy jail time, and a criminal record.
If you are under investigation or have been arrested and charged with drug trafficking in California, you need to retain a highly-skilled and aggressive California drug crimes attorney as soon as possible. Our team at the Law Offices of Elliott Kanter can help you understand your possible defenses against drug transportation charges.
The Law Offices of Elliott Kanter proudly serve clients throughout San Diego, California.
Federal Law Addressing Drug Trafficking
Under federal regulations, 21 U.S. Code § 841, an individual commits a drug trafficking crime when the person manufactures, distributes, dispenses, or possesses with the intent to manufacture, distribute, or dispense any amount of prohibited or controlled substances.
Under the federal sentencing guidelines, the crime of drug trafficking will be triggered when a person is found with more than a specified amount of prohibited substances. For instance, anyone found in possession of over 500 grams of powdered cocaine, 5 grams of crack cocaine, or 1 gram of lysergic acid diethylamide (LSD) will face drug trafficking charges.
Controlled Substances Act
The Controlled Substances Act (CSA) is the statute that establishes federal U.S. drug policy under which the manufacture, distribution, possession, importation, and use of certain controlled substances are regulated. CSA places all controlled substances into schedules. These include:
- Schedule I: These substances have a high potential for abuse and have no defined medicinal purpose. They include heroin, marijuana, hallucinogens, and ecstasy.
- Schedule II: These substances possess a high potential for abuse, but are accepted for medical use. They include cocaine, amphetamine, morphine, fentanyl, hydrocodone, methamphetamine, methadone, and Dexedrine.
- Schedule III: These substances have a moderate or low potential for abuse. They are accepted for medical purposes. These include depressants, stimulants, codeine, buprenorphine, ketamine, testosterone, and anabolic steroids.
- Schedule IV: These consist of some depressants and stimulants. They can be used medically. These include Ambien, Darvocet, Ativan, Soma, Valium, Xanax, and tramadol.
- Schedule V: These include limited quantities of narcotic drugs. They have an even lower potential for abuse and can be used medically. They include Lyrica, Parepectolin, Lomotil, and Motofen.
California Law - California Health & Safety Code 11352 HSC
Under California Health & Safety Code 11352 HSC, any person who transports, imports into the state, or sells any controlled substance, unless upon the written prescription of a physician, podiatrist, dentist, or veterinarian licensed to practice in the state, shall be punished by imprisonment for three to nine years, a fine of up to $20,000, or both.
However, selling a controlled substance to minors, transporting certain quantities of prohibited substances, and other surrounding circumstances may attract additional punishments.
Possible Defenses
Some possible defenses for drug trafficking charges include:
- The controlled substances were for your personal use.
- Your intentions were misunderstood.
- You didn't offer to transport or sell controlled substances.
- The controlled substances were found during an illegal or unauthorized search and seizure.
- There was a set-up or other police misconduct.
However, trying to defend your drug trafficking charges on your own may increase your possibilities of suffering maximum consequences. Having an experienced criminal defense attorney on your side is crucial to protect your rights and determine your best defense strategy.
How Legal Counsel Can Help
The penalties for drug trafficking and other drug crimes in California can be very harsh. If you are facing drug trafficking charges, you should retain a knowledgeable criminal defense attorney immediately. Our team possesses an in-depth understanding of the ins and outs of the California criminal justice system. We will review your case, carry out a comprehensive investigation, and determine your best defense strategy.
As your dedicated criminal defense attorney, we will fight aggressively on your behalf to help protect your rights and keep your record clean. Instead of relying on the public defender, work with us and we will make sure you understand your options and help prepare your defense.
Drug Trafficking Attorneys in San Diego, California
Having an experienced, aggressive criminal defense team on your side is crucial. If you are facing drug trafficking charges in California, call the Law Offices of Elliott Kanter today to schedule a free case evaluation. Our team will review your case, build your defense strategy, and help you pursue a favorable outcome. We proudly serve clients throughout San Diego, California.
