Drug Crimes

Not every drug crime is the same. The severity of a drug crime depends a lot on the type of drug, the quantity of the drug and whether the person charged has prior drug offenses. In San Diego the most common types of drug crimes include the following:

Drug Possession

• This offense can be charged as an infraction, misdemeanor or depending on the quantity of type of drug
• This crime does not require a person to be apprehended or caught in actual/physical possession of the drugs. Someone can be in possession of drugs if they have constructive possession, meaning the drugs where in the trunk of the car or something similar. Under California law, two people can possess the same drugs. This is known as joint possession.

Possession with Intent to Sell

California law makes it a felony to possess or purchase certain controlled substances with the intent to sell.

Possession with Intent to Distribute

California law makes it a felony to possess drugs with intent to deliver or transfer possession of a controlled substance to another person, with or without any financial interest in the transaction.

Drug Paraphernalia

In California possession of drug paraphernalia is a misdemeanor.

Paraphernalia is considered any device, instrument or tool enabling drug use. Most common types of paraphernalia include:

• Hypodermic needles
• Pipes
• Bongs
• Torches
• Spoons
• Syringes

In San Diego, drug paraphernalia charges are commonly brought in conjunction with other drug crimes.

Penalties for drug crimes vary depending on the quantity and type of drugs alleged. Drug charges are serious offenses. If you are charged with a drug related offense, contact an experienced attorney immediately.

Defenses

An experienced criminal defense attorney knows how to examine the evidence closely. Just because you have been charged with a drug crime does not mean you are guilty of the offense. Possible defenses include:

• Lawful Possession
• Entrapment
• Unlawful Search and Seizure
• Lack of Evidence
• Mistake in the Crime Lab