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. It's possible for what could be a simple possession charge to be elevated into possession for sale or even trafficking. These laws cover substances from marijuana to heroin. If found guilty, you can face life-altering consequences.
Don't let these accusations derail your life. You need San Diego, CA's premier criminal defense law firm defending your rights. 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 explore possible defenses, identify weaknesses in the prosecution's case, and represent you all the way through trial. To begin building your defense, reach out to our team at (800) 755-5174 or tell us about your case online today.
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, the types of substances considered illegal in San Diego, the qualities your attorney should have, gameplans our attorneys use against drug accusations, and the intersection between drug charges and DUIs in San Diego.
To focus on a particular topic, you can use the links in the following menu to skip ahead and learn more:
- Why You Need a Drug Charges Lawyer in San Diego, CA, NOW
- Popular Drug Types and Potential Penalties
- Categories of Drug Charges in San Diego, CA
- DUIs and Drug Charges Defense in San Diego, CA
- Top Drug Defense Attorney Qualities
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Avenues to Divert Your Drug Charges
- How a Drug Conviction Can Impact Immigration Status
- Drug Charge FAQs
- Need a Drug Charges Lawyer in San Diego, CA? Call the Law Offices of David S. Chesley Today
- All Drug Crime Allegations Our Lawyers Defend Against
Get Help From a San Diego, CA, Drug Charges Lawyer IMMEDIATELY
Drug charges in San Diego, CA, always need to be taken seriously. There can be leeway in what the prosecution decides to charge you with, meaning you're risking felony consequences.
The first reason you need a drug charges lawyer as soon as possible is to help you understand the charges. A simple possession case looks very different from a possession-for-sale case, and your drug defense attorney should have strategies to fight each.
The second reason to get in touch with a local San Diego, CA, drug charges lawyer right away is to lower your chances of doing something you shouldn't. 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 defense attorney can help you talk to police the right way, instead of incriminating yourself.
On top of that, your drug charges lawyer will open doors for new strategies through plea negotiations. Connecting with a lawyer early gives you a head start against the state, and can even give you a better chance of having the court dismiss charges if we act early enough.
San Diego, CA, Drug Types and Their Penalties:
When you work with a San Diego, CA, drug charges lawyer, you should go with an attorney who can defend charges related to the specific kind of drug in the allegations. In the following section, we've outlined some of the most common substances that are the center of illegal drug cases in the state.
| Drug Type | Description |
|---|---|
| Prescription Drugs | These include substances like Xanax or Adderall, which aren't supposed to be taken without a doctor's authorization. |
| Ecstacy | Also known as MDMA, Molly, and E. A stimulant often used at parties. |
| Cocaine | A highly addictive drug derived from a South American plant Its use can harm the brain, as well as several other organs. |
| Methamphetamine | A man-made drug that temporarily boosts energy, while harming the body. |
| Opioids | A category of addictive painkillers. These include morphine, oxycodone, and heroin. |
| Heroin | An extremely dangerous drug made by processing morphine. Courts and prosecutors often treat heroin charges harshly. |
| Fentanyl | An extremely dangerous type of opioid — roughly 50 times more potent than heroin and 100 times more potent than morphine, according to the DEA. |
Potential legal consequences vary significantly based on the type of drug, quantity, any prior convictions, and the act you're being accused of. For some typical accusations:
- As long as you are only accused of simple possession, you can typically expect misdemeanor charges. These carry a maximum jail sentence of one year. However, keep in mind misdemeanor charges aren't a guarantee, and prosecutors treat some substances more harshly than others.
- Possession for sale, sale, transport, or manufacturing are typically charged as felonies, with sentencing ranges that depend heavily on the specific drug and amount involved.
- Fentanyl is treated extra seriously: 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.
- If the federal government accuses you of a drug crime, the potential penalties are often more serious.
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 review and we'll help you get an idea of what you're up against.
Marijuana in San Diego, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, letting people use it recreationally.
Since California no longer criminalizes using it, marijuana (AKA cannabis) allegations in San Diego, CA, frequently center around when and where it is used. As an example, it's legal to grow up to six marijuana plants for recreational use, but growing a seventh is a crime.
Marijuana Legal Overview:
- Adults over the age of 21 can carry 28.5 grams of marijuana on their person
- Generally, it is legal to 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 up against marijuana-related charges, we can help. For example, we can argue that you were permitted to have cannabis, show that you did not violate any regulations, and/or show that it was properly handled at all times.
Different Types of Drug Charges in San Diego, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the San Diego, CA, area. Whatever charges you are facing, we're ready to defend your innocence. In the sections below, you can learn about different categories of drug crimes and what a lawyer can do to assist you.
Drug Possession/Use Charges
Possession charges are the first level of drug charges in San Diego, CA. All illegal chemicals can fall under this umbrella, and these charges can apply regardless of where the drugs were physically at, as long as you controlled 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 fight for illegally obtained evidence to be thrown out, and can protect your freedom through diversionary programs, if applicable.
Relevant statutes: Simple possession of most hard drugs falls under Health and Safety Code 11350, while possession of methamphetamine specifically falls under HS 11377. In most cases, the prosecution will choose to treat these as misdemeanors, limiting the potential sentence to one year in jail.
Drug Production/Transport/Distribution Charges
Accusations of drug production, transportation, and distribution take on the other side of a drug deal: The alleged 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. On top of fighting the charges, your drug defense attorney can help you explore plea deals, if they make sense for your case.
Relevant statutes: Possession for sale generally falls under HS 11351 (most controlled substances) or HS 11378 (methamphetamine). As a straight felony, each is 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). If convicted, you are looking at an even harsher sentence — 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 may seem very different, but all have one thing in common: They don't qualify 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 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 isn't a 'category' in the same way that the above types of charges are. What sets these apart is that you're fighting against the federal government instead of the local San Diego prosecutor.
These can include anything from production to transportation to running a drug ring, but to get the attention of the federal government, it typically will involve large quantities and/or crossing state lines. If you're accused of this, you're up against truly severe penalties, 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 an experienced criminal defense lawyer who has the strength to match the federal prosecutor. Our team of attorneys will protect your rights, research applicable laws, review evidence, and do whatever we can to secure a favorable outcome for you.
DUIs and Drug Charges Defense in San Diego, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases can include a many different situations, including everything from driving while high on marijuana to operating a motor vehicle while impaired by prescribed medication. What's worse, you can be taken into custody if there is any amount of THC in your system while driving (as opposed to alcoholwhich has a legal limit).
When accused of this type of charge, you need more than a drug charges lawyer. You also need an expert San Diego, CA, 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 need to request a hearing within ten days of your arrest.
Top San Diego, CA, Drug Charges Lawyer Qualitites
When picking a drug charges lawyer in San Diego, CA, to take your case, it can be a challenge 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 look for in your drug defense attorney:
- Vast Experience fighting against these charges
- Personal Experience as a prosecutor
- Existing Relationships with prosecutors and judges in your jurisdiction
- A Track Record of Victories versus the prosecution in drug cases
- Availability Anytime so that you can get help when you need it most
At the Law Offices of David S. Chesley, we can deliver on all of these needs. We have over 50 years of combined legal experience, including working for the district attorney's office. We have a wide reach with relationships across the state of California. And we have delivered many victories 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.
Powerful Drug Crime Accusation Defenses
The statute you violated may not be unique, but your case is. Everyone in the San Diego, CA, criminal courts is there under different circumstances, and you should have a customized defense plan 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.
- Didn't Belong to You: You can argue this if you were present in an area while drugs were there, but they were not yours and you weren't using them.
- Entrapment: In some cases, if an undercover police officer coerced you into violating the law, you may be exempt from a conviction.
- Prescription: These defenses hinge on your medical status, and if a doctor prescribed you a given substance.
- Plea Negotiations: Not every case can result in a "not guilty" verdict, but there are occasions where a plea deal can lessen the impact of a conviction.
If you're facing drug crime charges in San Diego, CA, and need help, contact an attorney at our offices for immediate help.
San Diego, CA, Drug Charge Diversion Options:
San Diego has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your San Diego, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
To qualify, defendants must fit certain criteria. These are some of the :
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is is an option that can give you a way to stay out of prison without going through a trial. If you participate in this, you can expect to participate in drug education classes, sobriety requirements, 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 prevents you from going through many of a conviction's collateral consequences.
Proposition 36 (2024)
Proposition 36 is another diversion program, designed to help people accused of repeat drug offenses. It was passed in 2024, and is distinct from a previous version of Proposition 36 passed in 2000. It approach drug offense diversion from a unique angle.
Under the current 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.
Rather than an automatic alternative to jail, this creates a choice: complete court-mandated treatment, you avoid a conviction; you can opt to refuse treatment, but you'll be up against the underlying felony charge, including up to three years in custody. 2024's Proposition 36 also heightened potential drug crime sentences, depending on the quantity and type of substance, and updated the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your San Diego, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, advocate for that path where it's available, and fight to keep a conviction off your record.
How a Drug Conviction in San Diego, CA, Affects Immigration Status
For immigrants in San Diego, CA, you're facing even more serious consequences than a U.S. citizen — you need a law firm who can help you fight the criminal charges and defend you in immigration court, if necessary.
Most drug charge convictions are grounds for deportation, but there is a sole exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. This applies to lawful permanent residents ("green card" holders) as well as visa holders, and it applies even if you weren't given jail time on your conviction.
Important factors to be aware of:
- Simple possession for personal use (for the majority of drugs) is normally a deportable offense, but is not automatically classified as an "aggravated felony" — meaning that you likely won't lose access to certain modes 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 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 supposed to inform you about these immigration implications prior to entering your plea. We will fight for an outcome — 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 the conviction, regardless of the sentence, has such a big immigration impact, you need to get expert help as soon as you're aware of an investigation. If you are an immigrant facing any 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 you're not convicted of the underlying charge, a background check can still show the arrest. Diversion programs such as PC 1000 or Proposition 36 can help. If you participate in one of these, you may be able to have the arrest sealed or the record cleared — ask your attorney what applies to your specific case.
If the police catch me with drugs in my possession, do I have to answer their questions?
No. The Fifth Amendment gives you the right to remain silent during questioning. Be respectful to the police, but do not provide any information besides your identity, and ask for an attorney immediately — if you say the wrong thing, you could end up facing harsher charges.
Can I get my record sealed after a drug conviction in San Diego, CA?
The answer depends on the specific charge and your sentence. Penal Code 1203.4 allows for expungement in many cases after completing probation, though whether or not you are eligible can be affected by the specific charge and your previous conviction record. An expungement does not erase a conviction for federal immigration purposes, which is why green card and visa holders need to work with an experienced drug crimes attorney who also practices immigration law.
What's the difference between PC 1000 and Proposition 36 diversion?
First-time, simple possession offenses can take advantage of PC 1000. This requires participation in an education program and regular drug testing, but can result in the dismissal of all charges. If you have previous drug-charge convictions on your record, you're more likely to be eligible for Proposition 36 (2024): This would be a felony charge, but offers a court-supervised treatment program to have the case dismissed. To learn more about how to explore these paths, speak to an attorney today.
Does San Diego, CA, prosecute drug possession charges as felonies?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. This isn't true for every drug charge in San Diego, though: More serious allegations like distribution are normally treated as a felony regardless of whether this is your first time being charged or not.
The Law Offices of David S. Chesley Is Ready to Be Your San Diego, CA, Drug Charges Lawyer
This isn't a time to settle for "good enough." It's important to fight for a positive outcome, and it depends on working with the right lawyer. We are ready to take your case.
The San Diego, CA, drug charges lawyers at the Law Offices of David S. Chesley takes advantage of every opportunity we find to deliver positive results for clients. We are prepared to defend you against a variety of drug charges, both misdemeanor and felony. We will build a strong defense for you against your charges.
The Law Offices of David S. Chesley also offers the following legal services in San Diego, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your San Diego drug charges lawyer today at (800) 755-5174 or contact us online to set up a free, confidential review of your case.
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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