Drug Charges Lawyer in San Diego, CA. There are a wide variety of drug laws you can be charged with breaking in San Diego, CA. Possession of a controlled substance is bad enough, but it's even worse if you're charged with dealing or distributing drugs. These laws cover substances from prescription medications to opioids. Regardless of the type of substance or specific law you're accused of breaking, on your own, you're staring down massive punishments if convicted.
Get help before it's too late. You need San Diego, CA's premier criminal defense law firm in your corner. You need the Law Offices of David S. Chesley.
Our local San Diego drug charges lawyers will be by your side from day one. We will give you honest advice, discuss defense tactics, and represent you all the way through trial. To begin building your defense, contact us at (800) 755-5174 or use our contact form now.
San Diego, CA, Drug Charges Lawyer: Page Summary
On this page, we will go over what a San Diego, CA, drug charges attorney can do to defend you, different types of charges you might face, the qualities your attorney should have, effective defense tactics against all sorts of charges, and more.
To focus on a particular topic, click on the appropriate link below to skip ahead and learn more:
- Why You Need a Drug Charges Lawyer in San Diego, CA, NOW
- Common Drug Types and Possible Penalties
- Categories of Drug Charges in San Diego, CA
- Intersections Between Drugs and DUIs in San Diego
- Top Drug Defense Attorney Qualities
- Types of Defenses We Build Against Drug Allegations
- Avenues to Divert Your Drug Charges
- How a Drug Conviction Can Impact Immigration Status
- Drug Allegation FAQs
- Contact Your San Diego, CA, Drug Charges Attorney Now
- All Drug Crime Allegations Our Team Will Fight Against
Don't Waste Time: Contact a San Diego, CA, Drug Charges Lawyer RIGHT AWAY
Drug charges in San Diego, CA, always need to be taken seriously. The same action can be interpreted by the state in multiple ways, meaning there's always a risk of an extended stay in jail.
The first reason you should contact a drug charges lawyer without hesitation is to help you interpret the law. A simple possession case looks very different from a drug trafficking case, and your drug defense attorney needs to know how to defend against whatever you've been accused of.
The second reason to call a local San Diego, CA, drug charges lawyer as soon as you've been accused is to stop yourself from making a mistake. When you say the wrong thing to a state representative, you could see simple possession allegations elevated to possession-for-sale accusations. A drug charges attorney can advise what to share and what not to share with the state.
Lastly, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Acting fast prevents the state from getting a lead on you, and in many cases, we can file a motion to dismiss charges if we act early enough.
Common Drug Types in San Diego, CA, Legal Cases:
When you work with a San Diego, CA, drug charges lawyer, you want someone who can defend charges related to the specific kind of drug in the allegations. Below, we've listed what types of drugs we most frequently defend charges for in San Diego, CA.
| Drug Type | Description |
|---|---|
| Prescription Drugs | While most prescription drugs are technically legal, it can be illegal to possess or use them without permission. |
| Ecstacy | Also known as MDMA, Molly, and E. 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 | A stimulant known to affect people's energy levels and emotional stability. |
| Opioids | A category of addictive painkillers. These include morphine, oxycodone, and heroin. |
| Heroin | A highly refined type of opioid. The state tends to impose harsh penalties in heroin cases. |
| 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 based on substance, how much there was, any prior convictions, and the accusation you're facing. For some typical accusations:
- Most of the time, if you're only accused of possession and not distributing a drug, the charge will only be a misdemeanor, with a maximum sentence of one year in jail. Different prosecutors may treat some substances in a harsher manner, though.
- Possession for sale, sale, transport, or manufacturing are rarely treated as misdemeanors. They're often felonies, and the sentence can change based on the specific substance and amount involved.
- Fentanyl is treated extra seriously: Proposition 36 (2024) created a list of drugs, including fentanyl, which can trigger felony enhancement if possessed along with a loaded firearm.
- Federal charges carry their own, generally harsher, sentencing structure.
There's no simple method to tell what kind of sentence you're facing based on your charges. Our drug defense attorneys can help — call our office for a free case review and we'll help you find a strategy to minimize negative consequences.
Marijuana in San Diego, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, letting people use it recreationally.
Because it has been legalized for recreational use, marijuana (AKA cannabis) accusations in San Diego, CA, frequently center around when and where it is used. For example, you're allowed to grow a small number of plants for personal use, but they must be kept in a private, secure area.
Marijuana Legal Overview:
- Legal in limited quantities for adults 21 and older
- In most cases, adults over 21 can grow up to six marijuana plants
- Still illegal to use or possess under federal law.
How Your San Diego, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, our attorneys can help. For example, we can demonstrate that you had the legal right to possess marijuana, demonstrate that you did not exceed state limits, and/or make the case that no laws were violated in the handling of the plant.
Drug Charge Categories in San Diego, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in San Diego, CA. 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 San Diego, CA. These can be charged for any illegal substance and these charges 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 San Diego, CA, 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: Health and Safety Code 11350 covers most hard drug possession accusations, while possession of methamphetamine specifically falls under HS 11377. Generally, these possession charges are handled as misdemeanors.
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 allegations are almost always considered more serious than possession. 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). When charged as a felony, each is punishable by two, three, or four years in state prison and fines up to $20,000. HS 11352 converse sale or transportaiont charges for most substances, while HS 11379 does the same for methamphetamine. These charges carry longer exposure — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced San Diego, CA, drug charges lawyer, you can fight for a plea deal that reduces these charges and opens up diversion opportunities.
Drug Charge Enhancements
California's drug charge enhancement laws may seem very different, but they share one common attribute: They don't qualify on their own. In order to be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced San Diego, CA, 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 can come from any category of alleged drug offense. The difference is that the federal government is prosecuting you instead of the state government.
These can include anything from manufacturing to running a drug ring, but normally it will involve large quantities and/or crossing state lines. Sentences are often more severe, such as a life sentence and substantial fines.
It's hard to think of many charges worse to face than this. And you need a a seasoned criminal defense lawyer who's prepared to fight the United States government. Our office will protect your rights, develop a strong defense strategy, challenge evidence, and do whatever we can to secure a favorable outcome for your case.
DUIs and Drug Charges Defense in San Diego, CA
DUIs and drug charges don't always go together in San Diego, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases can include a wide range of circumstances, including everything from driving while high on marijuana to prescription drug usage. One aspect that sets these cases apart is that you can be arrested if there is any amount of THC in your system while driving (as opposed to alcoholwhich only has a "zero tolerance" law people who are underage).
When accused of this type of charge, you need more than a drug charges lawyer. You also need a leading San Diego, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI cases, if you wait longer than ten days to request a hearing, you lose your chance.
How to Find the Right Drug Crimes Defense Attorney
When you are considering your options for a drug charges lawyer in San Diego, CA, it can be overwhelming trying to decide who will best 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 crimes defense attorney:
- Extensive Experience fighting against these charges
- Knowledge of how the district attorney approaches these cases
- Existing Relationships with prosecutors and judges in your jurisdiction
- A Track Record of Victories versus the prosecution in drug cases
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, we embody each of these qualities. We have over 50 years of combined legal experience, including as both prosecutors and defense attorneys. We know judges and attorneys throughout California. And we have delivered positive results for our clients.
We will always be honest with you about the state of your case, and you can talk to us 24/7 if you need anything from our offices.
Strong Defense Strategies Our Attorneys Use in Drug Cases
Your charges might be the same as someone else's, but your case is unique. The details are different for every criminal case in San Diego, CA, and you should have a unique defense strategy to match.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Here are some compelling strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: By getting evidence thrown out, the case against you can be weakened.
- Lack of Intent: Most laws surrounding drugs only make it a crime if you intend to break them.
- 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 police officer coerced you into buying or using illicit drugs, you can be found innocent of the criminal charges.
- Prescription: These defenses hinge on your medical status, and if a doctor prescribed you a given substance.
- Plea Negotiations: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If you've been accused of a drug crime in San Diego, CA, call one of our lawyers today.
San Diego, CA, Drug Charge Diversion Options:
San Diego has diversion and treatment options available — be sure to ask your San Diego, CA, drug charges lawyer about whether or not they apply to 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. The program typically includes drug education classes, sobriety requirements, and regular drug testing. If you go through the PC 1000 program and complete it without any issues, your original charges are dismissed, keeping a criminal conviction off of your record. 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, what was originally a misdemeanor charge can be instead charged as a "treatment-mandated felony." This is only an option if the accused person has two or more previous drug-related convictions on their record.
While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, and the underlying drug charge case is dropped (the arrest record will remain, but is sealed); if you don't take this option, you'll have to fight the felony charge, and risking up to three years behind bars. The law also increased sentencing exposure tied to drug quantity for certain substances and updated firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your San Diego, CA, drug charges lawyer can help you understand whether you qualify for treatment options, explore sentencing and charge alternatives with you, and come up with a strategy that maximizes your chances of a positive outcome.
How a Drug Conviction in San Diego, CA, Affects Immigration Status
If you are not a U.S. citizen, you're facing even more serious consequences than a U.S. citizen — and this is an area where our firm's dual criminal defense and immigration practice gives clients a real advantage.
Most drug charge convictions are grounds for deportation, but there is a sole exception: a single offense involving possession of 30 grams or less of marijuana for personal use. This can affect 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 (for most substances) is ordinarilly enough to qualify for removal, 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 significantly more serious. They are often considered aggravated felonies, which can trigger mandatory deportation and become a long-lasting problem if you apply to enter the United States again.
- How a charge is pleaded matters enormously. Under Padilla v. Kentucky, defense counsel is required to tell you about these immigration consequences before you make a plea. We will fight for an outcome — such as a plea to a non-drug offense, or a disposition that doesn't include 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 an immigrant fighting a drug case, tell your attorney immediately — this plays a major role in your case, and your lawyer should help you on both fronts.
Drug Charge Frequently Asked Questions
If my drug charges are dismissed, can anyone still see them?
Even if there isn't a criminal conviction, a background check can still show your arrest. If you were able to take advantage of a diversion program like PC 1000 or Proposition 36, you may be eligible to have the arrest sealed or the record cleared — your drug charges defense lawyer can help you navigate these options.
If the police catch me with drugs in my possession, do I have to answer their questions?
No. You have the right to remain silent and the right to an attorney. Be respectful to the police, but do not provide any information besides your identity, and request counsel immediately — making a mistake early on can cause major consequences down the line.
Can I expunge a previous drug conviction in San Diego, CA?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, though whether or not you are eligible can be affected by the specific charge and your previous conviction record. The conviction can still potentially be used as grounds for deportation, though, which is why green card and visa holders need support from a lawyer who can handle both criminal and immigration defense.
What's the difference between PC 1000 and Proposition 36 diversion?
The main difference is in who can apply to each program: For PC 1000, first-time, low-level possession alleged offenders can get the charges dropped through a treatment and drug testing program. The 2024 version of Proposition 36 functions differently: It allows what ordinarily would be charged as misdemeanors to now be charged as felonies, if you have prior drug convictions on your record. However, it also allows for a court-mandated treatment program, completion of which results in the dismissal of felony charges. Which one applies depends on your charge and criminal history.
Is a first-time drug possession charge a felony in San Diego, CA?
It's rare for first-time possession cases to be charged as a felony in San Diego, CA — they're typically treated as misdemeanors. This isn't true for every drug charge in San Diego, though: More serious allegations like trafficking are normally treated as a felony regardless of whether this is your first time being charged or not.
Need a Drug Charges Lawyer in San Diego, CA? Call the Law Offices of David S. Chesley Today
These charges need to be treated seriously Your future matters, and it depends on working with the right defense lawyer. Our team is ready to stand by your side.
The San Diego, CA, drug charges lawyers at the Law Offices of David S. Chesley are known for delivering positive outcomes for clients. We have former prosecutors on our team who know how the state builds its case. We will build a strong defense for you against your charges.
Our firm can also assist you with the following legal services in San Diego, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Get in touch with your San Diego drug charges lawyer now at (800) 755-5174 or use our online contact form 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)
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