Drug Charges Lawyer in California. Drug crimes in California come in many forms. You could be accused of possessing them, selling them, or making them. They cover substances from prescription medications to fentanyl. But they all share one thing in common: Major legal consequences.
Don't let these accusations derail your life. You need California's premier criminal defense law firm on your side. You need the Law Offices of David S. Chesley.
Our drug charges lawyers are ready for your case today. We will explore possible defenses, explain your best options, and represent you all the way through trial. To start building your defense, call us at (800) 755-5174 or tell us about your case online now.
Drug Charges Lawyer: Page Summary
On this page, we will go over the importance of having a drug defense lawyer in California, different types of charges you might face, the qualities your attorney should have, strategies we may use in your case, and more.
If you want to read about a specific topic, you can use the links below to skip ahead and learn more:
- Why You Need a Drug Charges Lawyer in California NOW
- California Drug Types and Their Penalties
- Different Types of Drug Charges in California
- DUIs and Drug Charges Defense in California
- What to Look For in a Drug Charges Lawyer
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- California Drug Charge Diversion Options
- Immigration Consequences of a Drug Conviction
- Drug Charge FAQs
- Need a Drug Charges Lawyer in California? Call the Law Offices of David S. Chesley Today
- Every Drug Charge Our Lawyers Defend Against
Why You Need a Drug Charges Lawyer in California NOW
Drug charges in California always need to be taken seriously. The same action can be interpreted by the state in multiple ways, meaning you're risking felony consequences.
The first reason you need a drug charges lawyer right away is to help you understand the charges. A simple possession case shouldn't be treated the same as a drug trafficking case, and your defense attorney should understand how to defend each.
The second reason to call a drug charges lawyer as soon as you've been accused is to stop yourself from making a mistake. If you say something incorrect in an interrogation, you could see simple possession allegations elevated to possession-for-sale accusations. Your attorney can advise what to share and what not to share with the state.
Finally, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Early intervention lets us build a defense before the prosecution has completed its case, and we can even move to dismiss charges if we act early enough.
California Drug Types and Their Penalties:
When you work with a California drug charges lawyer, you want someone who knows how the prosecution treats different drug types. Below, we've listed some of the most common substances that are the center of illegal drug cases in the state.
| Drug Type | Description |
|---|---|
| Prescription Drugs | Charges often revolve around having a technically legal drug without permission, or selling it to someone you aren't supposed to. |
| Ecstacy | A synthetic drug closely related to methamphetamine. A stimulant often used at parties. |
| Cocaine | A highly addictive stimulant derived from a South American plant. It is taken in a variety of ways. |
| Methamphetamine | Synthetic stimulant originally used to improve focus, but with serious side effects. |
| Opioids | Class of drugs originally intended for use as pain relievers. These include morphine, oxycodone, and heroin. |
| Heroin | A highly refined type of opioid. Courts and prosecutors often treat heroin charges harshly. |
| Fentanyl | One of the most dangerous forms of opioids — roughly 50 times more potent than heroin and 100 times more potent than morphine, according to the DEA. |
Penalties vary significantly by substance, quantity, prior record, and whether the charge is possession, possession-for-sale, or sale/transport. As a general framework:
- Simple possession of most controlled substances is typically charged as a misdemeanor, punishable by up to one year in county jail, though certain substances and circumstances can elevate this.
- Possession for sale, sale, transport, or manufacturing are typically charged as felonies, with sentencing ranges that depend heavily on the specific substance and quantity involved.
- Fentanyl carries additional exposure: Proposition 36 (2024) added fentanyl alongside cocaine, heroin, and methamphetamine to a list of drugs that trigger felony enhancement when possessed together with a loaded firearm, and it increased sentencing exposure tied to quantity for several substances.
- Federal charges carry their own, generally harsher, sentencing structure.
Because the numbers shift based on the specific facts of a case, the exact exposure you're facing should be evaluated by an attorney who can review your charge sheet and criminal history — call us for a free case evaluation and we'll walk you through what you're actually facing.
Marijuana in California
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. While the state used to have laws against its use, in 2016 it passed Proposition 64, legalizing its recreational use.
Because it has been legalized for casual use, marijuana (AKA cannabis) charges in California most often center around when and where it is used. For example, driving with an open package of marijuana is illegal, even if you are sober.
Marijuana Legal Overview:
- Legal in limited quantities for adults 21 and older
- In most cases, it is legal to grow up to six marijuana plants
- Still illegal to use or possess under federal law.
How a California Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, our attorneys can help. For example, we can show the legality of your ownership, demonstrate that you did not exceed state limits, and/or show that it was properly handled at all times.
Different Types of Drug Charges in California
The Law Offices of David S. Chesley defends a wide variety of drug charges in California. We are prepared to fight against accusations including possession, sale, and special enhancements. Read the sections below to learn more about the different categories of charges and how our criminal defense attorneys can help.
Drug Possession/Use Charges
Drug possession charges are some of the most basic in California. They cover a wide range of substances and can apply if the drugs are on your person, in your vehicle, or anywhere you would control access to them.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your California drug charges lawyer can help by arguing that the drugs were not actually yours, and can advocate for diversionary programs to keep you out of jail.
Relevant statutes: Simple possession of most hard drugs falls under Health and Safety Code 11350, while possession of methamphetamine specifically falls under HS 11377. Both are typically charged as misdemeanors, punishable by up to one year in county jail, for defendants without disqualifying prior convictions.
Drug Production/Transport/Distribution Charges
While drug possession and use charges target the buyer, drug production, transportation, and distribution charges target the seller.
- Manufacturing or Producing Controlled Substances
- Cultivation of Marijuana
- Maintaining a Place for Drug Sales/Use
- Drug Trafficking
- Transportation of a Controlled Substance
- Sale of Controlled Substance
- Drug Possession for Sale
These charges are almost always treated more harshly than possession/use charges. A drug crimes defense lawyer can help you negotiate a plea to a less serious offense.
Relevant statutes: Possession for sale generally falls under HS 11351 (most controlled substances) or HS 11378 (methamphetamine), each a straight felony punishable by two, three, or four years in state prison and fines up to $20,000. Sale or transportation for sale is charged under HS 11352 (most substances) or HS 11379 (methamphetamine), and carries longer exposure — up to nine years if the transportation crosses non-contiguous counties. Unlike simple possession, these charges are generally not eligible for PC 1000 or Prop 36 treatment diversion unless your attorney can negotiate the charge down to simple possession.
Drug Charge Enhancements
California's drug charge enhancement laws cover a variety of situations, but all have one thing in common: They don't exist on their own. To be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced California drug crimes lawyer to defend you in these cases, so that they can fight both the base charge and the enhancement.
Federal Drug Charges
A federal drug charge could fall into any of the three categories above. What sets these apart is that the federal government is prosecuting you instead of the state government.
These can include anything from production to transportation to running a drug ring, but most often will involve large quantities and/or crossing state lines. The penalties are often much harsher, up to and including life imprisonment and substantial fines.
These are some of the most serious charges you can possibly face. And you need a leading criminal defense lawyer who has the strength to match the United States government's resources. Our office will conduct investigations, research applicable laws, review evidence, and do whatever we can to secure a positive outcome for you.
DUIs and Drug Charges Defense in California
Drug cases often intersect with another type of case in California: DUIs. Drug DUI defense cases cover a wide range of situations, including everything from driving while high on marijuana to prescription drug usage. What's worse, you can be arrested if there is any amount of THC in your system while driving (as opposed to alcohol).
When facing this type of charge, you don't just need a drug charges lawyer. You also need a leading California DUI defense lawyer who will fight your case both in criminal court and at the DMV hearing. But you need to act fast — in most cases, you only have ten days after an arrest to request a hearing.
What to Look For in a Drug Charges Lawyer
When you are considering your options for a drug charges lawyer in California, it can be overwhelming trying to decide which one to represent you. With so much at stake, you don't want to make the wrong choice.
Here are the top factors you want to see in your drug defense attorney:
- Extensive Experience fighting against these charges
- Intimate Knowledge of how the state builds its case against you
- Relationships with prosecutors and judges in your local county
- A Track Record of Success when fighting drug charges for clients
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, our firm fulfills all of these requirements. We have over 50 years of combined legal experience, including former prosecutors. We have a wide reach with relationships across the state of California. And we have a history of delivering positive outcomes for our clients.
We will always be honest with you about the state of your case, and you can get a hold of us 24/7 if you have any questions or concerns.
Strong Defense Strategies Our Attorneys Use in Drug Cases
Your charges might be the same as someone else's, but your case is unique. Everyone in the California criminal courts is there under different circumstances, and you should have a customized defense plan to match.
We'll listen to your story and craft a powerful defense to fit. Here are some of the possible strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: If the police searched you, your vehicle, or your dwelling without either probable cause or a warrant, that evidence can be thrown out.
- Lack of Intent: If you did hold or transport illegal drugs, but weren't aware of it, you shouldn't be found guilty because you didn't mean to break the law.
- Not Your Drugs: This defense can be used if there were, in fact, drugs present, but you had no control or ownership over them.
- Entrapment: In some cases, if an undercover officer coerced you into buying or using illicit drugs, you cannot be held liable for doing so.
- Prescription: Some substances are illegal to possess without a valid prescription, but if you have one, that can excuse you from these charges.
- Plea Negotiations: In some cases, where it's not reasonable for the alleged offender to have the charges dropped entirely, a positive outcome can still be achieved through a plea deal.
If you need a drug crimes defense attorney in California, call the Law Offices of David S. Chesley today.
California Drug Charge Diversion Options:
California has diversion and treatment options available, which your drug charges lawyer can try to utilize in your case. To qualify, defendants must fit certain criteria. Below are two of the most relevant programs:
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is a very desirable outcome for many people facing drug charges. It generally involves drug education classes, requirements to stay sober, and regular drug testing. The advantage of PC 1000 is that you don't end up with a conviction on your record — after completing the program, the case against you is dismissed. This protects you from many of a conviction's collateral consequences.
Proposition 36 (2024)
Proposition 36, which took effect in December 2024, changed California's approach to repeat drug offenses. It's important to understand that this is a different, newer law than the Proposition 36 passed in 2000, and it works differently than a traditional diversion program.
Under the 2024 version, individuals with two or more prior drug convictions can now be charged with a "treatment-mandated felony" for offenses that might otherwise have been charged as misdemeanors. Rather than an automatic alternative to jail, this creates a choice: complete court-mandated treatment, and the case can be dismissed with the arrest sealed; fail or refuse treatment, and you face the felony charge, including up to three years in custody. The law also increased sentencing exposure tied to drug quantity for certain substances and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your drug charges lawyer can help you understand whether you qualify for treatment-mandated felony treatment, advocate for that path where it's available, and fight to keep a conviction off your record.
Immigration Consequences of a Drug Conviction
If you are not a U.S. citizen, a drug conviction can be far more damaging than the criminal penalty alone — and this is an area where our firm's dual criminal defense and immigration practice gives clients a real advantage.
Under federal immigration law, a conviction for almost any controlled substance offense can make a non-citizen deportable, with one narrow exception: a single offense involving possession of 30 grams or less of marijuana for personal use. This applies to lawful permanent residents ("green card" holders) as well as visa holders, and it applies regardless of whether the state court sentence includes any jail time.
A few key distinctions matter a great deal:
- Simple possession for personal use (other than certain rare substances) is generally a deportable offense, but is not automatically classified as an "aggravated felony" — a distinction that can preserve certain forms of immigration relief.
- Possession for sale, sale, or trafficking convictions are far more likely to be treated as aggravated felonies, which can trigger mandatory deportation with little to no opportunity for relief or future re-entry.
- How a charge is pled matters enormously. Under Padilla v. Kentucky, defense counsel has a constitutional duty to advise a client of these immigration consequences before a plea is entered. An attorney who understands both sides can negotiate a resolution — such as a plea to a non-drug offense, or a disposition that avoids specific "aggravated felony" language — that may preserve a client's ability to stay in the country.
Because immigration consequences are triggered by conviction, not just sentence, decisions made early in a criminal case can matter as much as, or more than, the eventual sentence itself. If you are a non-citizen facing any drug charge, tell your attorney immediately — this materially changes how your case should be defended.
Frequently Asked Questions
Will a drug charge show up on a background check even if the case is dismissed?
An arrest can appear on some background checks even without a conviction. If your case is resolved through PC 1000 or a completed Prop 36 treatment program, you may be eligible to have the arrest sealed or the record cleared — ask your attorney what applies to your specific case.
Do I have to talk to police if I'm caught with drugs?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions beyond identifying yourself, and ask for a lawyer immediately — anything you say can be used to elevate a simple possession charge to a possession-for-sale charge.
Can a drug conviction be expunged in California?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, though eligibility depends on the specific charge and your record. An expungement does not erase a conviction for federal immigration purposes, which is why non-citizens need immigration-aware counsel handling both the criminal case and any later cleanup.
What's the difference between PC 1000 and Proposition 36 diversion?
PC 1000 is available for qualifying first-time or low-level possession offenses and leads to dismissal after completing education and testing requirements. The 2024 version of Proposition 36 applies to repeat offenders facing a treatment-mandated felony and requires completing a court-supervised treatment program to avoid the felony consequences. Which one applies depends on your charge and criminal history.
Is a first-time drug possession charge a felony in California?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Need a Drug Charges Lawyer in California? Call the Law Offices of David S. Chesley Today
This isn't a time to settle for "good enough." Your freedom is important, and it depends on picking the right attorney. Fortunately, we're here to help.
The drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We have relationships in courts across California. We will always be honest with you and will fight for the best outcome possible.
Speak to a defense attorney today at (800) 755-5174 or reach out online for a free, confidential case evaluation.
Every Drug Charge Our Lawyers Defend Against:
- Bringing Drugs into a Jail or Prison
- Cocaine
- Cultivation of Marijuana
- Drug Crimes with Firearm Enhancements
- Drug Diversion Programs
- Drug-Free School Zone Violations
- Drug Possession for Sale
- Drug Trafficking
- Ecstasy
- Federal Drug Charges
- Fentanyl
- Fentanyl-Specific Enhancements
- Hard Drug Possession
- Heroin
- Illegal Search and Seizure Defense in Drug Cases
- Maintaining a Place for Drug Sales/Use (HS 11366)
- Manufacturing or Producing Controlled Substances
- Marijuana
- Marijuana Charges
- Methamphetamine
- Opioids
- PC 1000 Drug Diversion
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Prescription Drugs
- Proposition 36
- Sale of Controlled Substance
- Transportation of a Controlled Substance
- Under the Influence of a Controlled Substance (HS 11350)
Payment Plans
