Drug Charges Lawyer in Santa Monica, CA. There are a wide variety of drug laws you can be charged with breaking in Santa Monica, CA. You could be accused of possessing them, selling them, or making them. These statutes regulate substances from cannabis to fentanyl. But they all share one thing in common: Major legal consequences.
Get help before it's too late. You need Santa Monica, CA's premier criminal defense law firm on your case. You need the Law Offices of David S. Chesley.
Our local Santa Monica drug charges lawyers are avaialble 24/7 to help you. We will listen to you explain your side of the story, identify weaknesses in the prosecution's case, and stand by you in front of the judge and jury if your case reaches a trial. To start building your defense, call our attorneys at (800) 755-5174 or send us a note online now.
Santa Monica, CA, Drug Charges Lawyer: Page Summary
In this article, you can read about how a Santa Monica, CA, drug defense attorney will protect your rights, the types of substances considered illegal in Santa Monica, the key factors you want your defense team to have, strategies we may use in your case, and the intersection between drug charges and DUIs in Santa Monica.
To learn about a specific topic, click on the appropriate link below to navigate to a specific topic and learn more:
- Why You Need a Drug Charges Lawyer in Santa Monica, CA, NOW
- Popular Drug Types and Their Penalties
- Different Types of Drug Crime Allegations in Santa Monica, CA
- DUIs and Drug Charges Defense in Santa Monica, CA
- What to Look For in a Drug Charges Lawyer
- Types of Defenses We Build Against Drug Allegations
- Santa Monica, CA, Drug Charge Diversion Options
- Immigration Consequences of a Drug Conviction
- Drug Charge FAQs
- Get in Touch With a Drug Charges Lawyer in Santa Monica, CA, Today
- All Drug Crime Allegations Our Firm Will Defend Against
Get Help From a Santa Monica, CA, Drug Charges Lawyer IMMEDIATELY
Drug charges in Santa Monica, 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 years in prison.
The first reason you need a drug charges lawyer as soon as possible is to help you interpret the law. A simple possession case shouldn't be treated the same as a drug manufacturing case, and your drug defense attorney should have strategies to fight against whatever you've been accused of.
The second reason to contact a local Santa Monica, CA, drug charges lawyer early in the defense process is to lower your chances of doing something you shouldn't. If you say something incorrect in an interrogation, what was once just a possession charge could now be a trafficking charge. A drug charges attorney can advise what to share and what not to share with the state.
Lastly, your drug charges lawyer will open doors for new strategies through plea negotiations. Acting fast prevents the state from getting a lead on you, and we can even move to dismiss charges if we can act before the state builds a compelling case.
Santa Monica, CA, Drug Types and Their Penalties:
When deciding on a Santa Monica, CA, drug charges lawyer, you should pick somone who knows how the prosecution treats different drug types. Below, you can read about what types of drugs we most frequently defend charges for in Santa Monica, 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 | A man-made psychoactive drug. Long term use may impair an individual's memory and learning abilities. |
| Cocaine | A highly addictive drug that can be either a powdered form or a solid rock (Crack) It is taken in a variety of ways. |
| Methamphetamine | A man-made drug that temporarily boosts energy, while harming the body. |
| Opioids | Class of drugs originally intended for use as pain relievers. These include morphine, oxycodone, and heroin. |
| Heroin | A highly refined type of opioid. The state tends to impose harsh penalties in heroin cases. |
| 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. |
Penalties vary significantly by substance, how much there was, your criminal record, and the accusation you're facing. As a general framework:
- 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 are more serious charges. Most accusations are felonies, and the sentence can change based on the specific substance and quantity 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.
- Most of the time, federal drug charges result in harsher, longer sentences.
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 Santa Monica, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, letting people use it recreationally.
Since California no longer criminalizes using it, marijuana (AKA cannabis) charges in Santa Monica, CA, frequently have more to do with how it was used, rather than just that it was 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
- Generally, it is legal to grow up to six marijuana plants for recreational purposes
- Federal law still makes marijuana usage illegal.
How Your Santa Monica, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, our attorneys are ready for your case. For example, we can argue that you were permitted to have cannabis, demonstrate that you did not exceed state limits, and/or make the case that no laws were violated in the handling of the plant.
Charges a Drug Crimes Defense Lawyer Will Fight in Santa Monica, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Santa Monica, CA. We help defendants fight against all kinds of drug crime allegations. 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
Possession charges are the first level of drug charges in Santa Monica, CA. All illegal chemicals can fall under this umbrella, and these charges can apply in any circumstance where you allegedly owned the illegal drugs, even if you didn't have them physically with you at the time.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your Santa Monica, CA, drug charges lawyer fight for illegally obtained evidence to be thrown out, 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 has its own specific statute in 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
Drug dealing allegations are treated much differently than drug possession. They are often given harsher sentences for allegedly making, transporting, and/or selling the substance.
- 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: HS 11351 covers standard drug dealing charges, formally known as "possession for sale." The exception is methamphetamine, which is covered by HS 11378. As a straight 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. Sentences for these charges can be even more severe — up to nine years if the transportation crosses non-contiguous counties. A drug charges laywer who can negotiate your charges down is essential, if you want to become eligible for common diversion programs like PC 1000 or Proposition 36.
Drug Charge Enhancements
California's drug charge enhancement laws may seem very different, but all have one thing in common: They don't stand on their own. In order to be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Santa Monica, 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 could fall into any of the three categories above. The distinction is that the federal government is prosecuting you instead of the state government.
These can include anything from manufacturing to drug smuggling, but to get the attention of the federal government, it typically will involve large quantities and/or crossing state lines. The penalties are often much harsher, such as a life sentence and substantial fines.
If you're accused of a drug crime in federal court, you're up against a lot. And you need a an experienced criminal defense lawyer with the resources to fight the federal prosecutor. Our team of attorneys will learn your side of the story, develop a strong defense strategy, challenge evidence, and make every effort to secure a favorable result for your case.
DUIs and Drug Charges Defense in Santa Monica, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a several situations, including everything from driving while high on marijuana to prescription drug usage. Legal regulations often make these charges more serious than typical DUIs. For example, you can be arrested if there is any amount of THC in your system while driving (as opposed to alcoholwhich has a legal limit).
When up against this type of charge, you don't just need a drug charges lawyer. You also need an expert Santa Monica, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. But you need to act fast — in most cases, if you wait longer than ten days to request a hearing, you lose your chance.
Qualities in a Good Drug Charges Defense Lawyer
When you are considering your options for a drug charges lawyer in Santa Monica, CA, 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 find in your drug allegations defense attorney:
- Extensive Experience fighting against these charges
- Knowledge of how the district attorney approaches these cases
- Existing Relationships at the courts in your local county
- A History of Positive Outcomes against the state for these charges
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, we can deliver on all of these needs. We have over five decades of combined courtroom experience, including as both prosecutors and defense attorneys. We have a wide reach with relationships across the state of California. And we have delivered many victories for our clients.
We don't make false promises about your case, and you can get a hold of us 24/7 if something new develops.
Powerful Drug Crime Accusation Defenses
Your charges might be the same as someone else's, but your case is unique. The details are different for every criminal case in Santa Monica, CA, and you should have a customized defense strategy to match.
We'll listen to your story and craft a powerful defense to fit. Here are some powerful strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: This can suppress evidence that was unlawfully obtained.
- Lack of Intent: In some cases, you can't be convicted if you broke the law on accident. For example, if police found illegal drugs in your car, but they weren't yours, and you weren't aware of them, you didn't transport them, legally speaking.
- Didn't Belong to You: If the substance in question was, in fact, illegal, but belonged to another person, you shouldn't face possession charges.
- Entrapment: In rare cases, if an undercover officer coerced you into violating the law, 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 need a drug crimes defense attorney in Santa Monica, CA, get in touch with one of our attorneys today.
Santa Monica, CA, Drug Charge Diversion Options:
Santa Monica has diversion and treatment options available — be sure to ask your Santa Monica, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must meet legal guidelines. Here are a couple of programs that might apply in your case:
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 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, 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. While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, and the case can be dismissed with the arrest sealed; if you don't take this option, you'll have to fight the felony charge, with a prison sentence of up to three years. 2024's Proposition 36 also heightened potential drug crime sentences, depending on the quantity and type of substance, and updated firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your Santa Monica, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, advocate for that path where it's available, and come up with a strategy that maximizes your chances of a positive outcome.
How a Drug Conviction in Santa Monica, CA, Affects Immigration Status
If you are a lawful permanent resident or are in Santa Monica, CA, on a work visa, you might have to defend yourself against removal as well as criminal charges — 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 one narrow exception: a simple possession charge with 30 grams or less of marijuana (not for distribution). This can impact 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.
A few key distinctions matter a great deal:
- Simple possession for personal use (for the majority of drugs) is ordinarilly grounds for deportation, 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 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 has a constitutional duty to advise a client of these immigration consequences before a plea is entered. 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 a non-citizen facing any drug case, tell your attorney immediately — they should take immigration factors into account when working on your case.
Frequently Asked Questions
If I'm not found guilty, do drug charges appear on a background check?
An arrest can appear on some background checks even without a conviction. Diversion programs such as PC 1000 or Proposition 36 can help. If you participate in one of these, you may be eligible to have the arrest sealed or the record cleared — an attorney can help you explore these options.
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. Politely but firmly refuse to answer any questions outside of providing your identity, and ask for an attorney immediately — making a mistake early on can cause major consequences down the line.
Can I expunge a previous drug conviction in Santa Monica, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, though eligibility depends on the specific charge and your 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?
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. 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. Your eligibility is ultimately determined by the underlying charge and your existing record.
Is a first-time drug possession charge a felony in Santa Monica, CA?
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 Santa Monica, though: More serious allegations like selling drugs are normally treated as a felony regardless of whether this is your first time being charged or not.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Santa Monica, CA
This isn't a time to settle for "good enough." Your freedom is important, and it depends on partnering with the right lawyer. Fortunately, we're here to help.
The Santa Monica, 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 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 Santa Monica, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Santa Monica drug charges defense lawyer now at (800) 755-5174 or use our online contact form to schedule a no-strings 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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