Payment PlansLos Angeles Drug Charges Lawyer
Drug crimes in California can often be divided into two categories: Possession and sale. Possession charges revolve around the personal use of controlled substances, while sale charges consist of the production, transportation, and distribution of them.
Regardless of what law you're accused of breaking, these are serious charges. You could be facing years in prison, thousands of dollars in fines, and a criminal record. You need help from a drug charges lawyer in Los Angeles.
The Law Offices of David S. Chesley includes several former prosecutors, police officers, and judges who have extensive experience on both sides of the courtroom. With over 50 years of combined legal experience, our law firm provides strong defenses to clients accused of drug crimes.
Don’t let a drug charge define your life. David S. Chesley provides strategic, results-driven defense for all state and federal drug crimes in Los Angeles. Call today: (800) 755-5174.
Reviewed by Attorney David S. Chesley, September 2026. California criminal defense since June 2005, SBN 236611.
Key Points
- Drug charges vary greatly depending on the specifics, ranging from simple possession to selling to manufacturing.
- Federal drug charges are typically harder to fight than state charges.
- California offers drug diversion programs such as Proposition 36 and PC 1000, which can help alleged drug offenders avoid jail time.
- The Law Offices of David S. Chesley leans on insights from former prosecutors to help clients fight drug charges.
- Drug-crime specific defenses include lack of possession, wrongly identified substances, and valid prescription
Why Hire a Specialized Drug Crimes Lawyer in Los Angeles?
You need a specialized Los Angeles drug crimes lawyer because of the complexity of these charges. California's drug laws have changed significantly over time; proper chemical testing procedures need to be followed, and evidence collection laws can make or break cases.
David S. Chesley is a former Los Angeles County prosecutor who knows how the state builds drug cases. Now, as a Los Angeles-based defense attorney, he fights for clients' rights by exposing evidentiary issues, dissecting prosecutors' arguments, and building comprehensive defense strategies.
California's drug laws are severe. Felony cases can result in years of jail time, along with tens of thousands of dollars in fines. And if you allegedly crossed state borders, you could also be facing federal charges.
It's not enough to hire a defense lawyer without drug crime defense experience — you need someone who understands and can fight your specific charges.
Drug Charges We Defend in Los Angeles
The Law Offices of David S. Chesley is prepared to defend against any drug charges in Los Angeles, from simple possession to manufacturing and distributing. If you're facing any of the charges below (or something related), contact us today for a free case review:
Possession of a Controlled Substance
Possession of a controlled substance refers to either carrying illegal drugs on your person or otherwise owning them. This charge is sometimes referred to as "simple possession" or "possession for personal use."
- Statute: HS § 11350(a)
- Penalties include up to 1 year in jail and/or $1,000 in fines.
- Common substances include marijuana, cocaine, heroin, and methamphetamine.
- Actual Possession: Having the illegal drugs with you, like in your pocket or backpack.
- Constructive Possession: Having illegal drugs somewhere else that you control, like in your glovebox or locker.
Possession for Sale
Possession for sale refers to situations where a person controlled illegal drugs with plans to sell it to another person, but have not completed it yet. If you have completed the transaction, it becomes the sale of a controlled substance.
- Statute: HS § 11351
- Typical penalties include 2, 3, or 5 years in jail and/or up to $20,000 in fines.
- Convictions are ineligible for drug diversion programs.
- There are no specific weight limits that automatically turn a simple possession charge into possession for sale.
- However, higher amounts can influence the prosecution's decision. They can also lead to sentencing enhancements.
Drug Trafficking (Sale or Transportation of a Controlled Substance)
Drug trafficking is a blanket term that refers to both the sale of controlled substances and the transport of controlled substances. These are covered by the same statutes in California, which singles out methamphetamine in a separate statute.
- General Statute: HS § 11352
- Penalties typically include 3, 4, or 5 years in jail and/or up to $20,000 in fines.
- Methamphetamine Specific Statute: HS § 11379
- Meth-specific penalties are up to 4 years in jail and/or up to $10,000 in fines.
- In either case, convictions are ineligible for drug diversion programs.
- These charges include substances such as cocaine and heroin.
- This could include the completed sale of illegal drugs, or transporting them with the intent to sell.
- Transporting across state lines can lead to federal drug charges.
Drug Manufacturing
Manufacturing or producing a controlled substance is when a person illegally mixes or grows drugs. To violate this law, the manufacturing process must have begun — simply preparing is not enough.
- Statute: HS § 11379.6
- Penalties include 3, 4, or 7 years in jail and/or up to $50,000 in fines.
- To be convicted, you do not have to complete making/growing the drug — you only have to start or advance the process.
- You are not guilty of drug manufacturing if you were unaware that the product you were making was an illegal drug.
Prescription Drug Fraud
Prescription drug charges in Los Angeles are covered under the same statutes as other drug charges. They are unique in the ways that people allegedly commit them.
- This could be a person falsifying a prescription in order to obtain drugs.
- This also includes doctors writing false prescriptions, then later selling the excess.
- These can include substances like oxycodone, Xanax, Valium, and Adderall.
Federal Drug Charges
Federal drug charges are different from your typical Los Angeles drug charges. They involve federal prosecutors, who often have greater resources than local prosecutors. However, for the federal government to get involved, the alleged offense must have crossed state lines, occurred on federal property, or violated a federal law.
Common federal drug charges and statutes:
- Simple Possession: 21 USC § 844
- Drug Manufacturing/Distribution: 21 USC 841
- Conspiracy to Distribute Drugs: 21 USC § 846
- Continuing Criminal Enterprise — “Drug Kingpin”: 21 USC § 848
California Drug Diversion Programs (Proposition 36 and PC 1000)
Drug diversion programs provide valuable opportunities for individuals accused of drug crimes to avoid jail and receive treatment. The two main options in Los Angeles are offered through PC 1000 (pre-conviction) and Proposition 36 (post-conviction).
What is Drug Diversion?
Los Angeles drug diversion programs are government programs set up to provide alternatives to the criminal justice system for drug charges. Most of them target simple possession charges and protect your criminal record.
The main benefits include:
- Stay out of jail
- Avoid lengthy court cases
- Addiction treatment and support
- Possible dismissal of charges
What Are the Eligibility Requirements for Los Angeles Drug Diversion Programs?
PC 1000
- Only charged with simple possession — not sale or distribution.
- Violence and/or threats were not used in your alleged offense.
- No prior convictions of an ineligible offense within five years.
- No evidence of involvement in more serious drug crimes.
- No felony convictions within five years.
Proposition 36
- Only charged with nonviolent drug possession and related offenses.
- Weapons were not used in your alleged offense.
- No violent felony convictions within five years
- No minors were involved in the alleged offense.
- You have not refused drug treatment as a condition of probation/parole within five years.
- You were not convicted of an additional, non-drug-related misdemeanor in the same proceeding.
How David S. Chesley Can Help You Qualify
The Law Offices of David S. Chesley has successfully negotiated deals to help clients avoid jail time for drug charges. Using insights from his former time as a prosecutor and connections in Los Angeles courthouses, Mr. Chesley lobbies for his clients to be granted diversionary programs in place of jail time.
Even if you are facing a different charge than simple possession, your Los Angeles drug charges lawyer may be able to negotiate a reduced charge, potentially making you eligible for these programs. Always consult with an attorney before making a plea.
Effective Legal Defenses for Los Angeles Drug Cases
Our drug charge attorneys will examine your case and help you decide on the best legal strategy for your case. Here are some that we often consider using for drug charges:
Illegal Search and Seizure (4th Amendment)
Evidence gathered without probable cause or a warrant can be suppressed. Without this evidence, the state's case can be severely weakened and fall apart. Our lawyers will examine the records of how evidence was obtained and push back against rights violations.
Lack of Possession
For you to be guilty of drug possession in Los Angeles, you must have intentionally held or controlled the substance in question. If you were unaware of it (for example, if someone else hid it in your backpack), we can argue that you did not in fact possess them. Similarly, if you were in the same area as drugs but they were not yours, you did not have control over them.
Not an Illegal Substance
If the state made a mistake when identifying the drugs, we will work to reveal that. We will push for independent testing of the substance and can reveal if it was not actually an illegal drug.
Chain of Custody Errors
When the state makes a mistake handling the evidence, it can become mixed up or contaminated. We will examine every step in the chain of custody and look for mistakes. If we find any, we'll fight to have it thrown out.
Entrapment
If the police went too far in convincing you to break the law, that becomes entrapment. You cannot be held liable for breaking the law when law enforcement forced you to break it — for example, if you were accused of purchasing an illegal substance from an undercover officer, but you felt threatened or pressured to do so.
Valid Prescription
If you were accused of a prescription drug charge, showing that you had a valid prescription can nullify the charges. This can be useful for clients with medical marijuana ID cards.
Penalties for Drug Crimes in Los Angeles, California
| Charge Type | Maximum Jail Time | Maximum Fine |
|---|---|---|
| Possession of a Controlled Substance | 1 Year | $1,000 |
| Possession for Sale | 5 Years | $20,000 |
| Drug Trafficking (General) | 5 Years | $20,000 |
| Drug Trafficking (Methamphetamine) | 4 Years | $10,000 |
| Drug Manufacturing | 7 Years | $50,000 |
Three Strikes Penalties and Los Angeles Drug Charges
California classifies the following charges at "serious felonies," meaning that they count for the state's three strikes law. Repeat strike offenses lead to increased penalties: Double for the second conviction, and mandatory 25 years-to-life for the third.
The following drug crimes qualify for strikes in California:
- Sale of cocaine, heroin, PCP or methamphetamine to a minor
- Drug crimes committed while using a firearm
Collateral Consequences of Drug Charges in Los Angeles
Jail time and fines aren't the only consequences you can face if convicted of a drug crime in Los Angeles. Your personal life and career can also be drastically affected.
- You can lose your job or be denied in future applications.
- You could be denied housing by landlords or government agencies.
- You might lose your professional licenses, forcing a career change.
- You can face social stigma that follows you for the rest of your life.
- Immigrants and Non-U.S. Citizens can face naturalization setbacks, denials of visas, and even deportation.
Why Clients Choose the Law Offices of David S. Chesley
The Law Offices of David S. Chesley leans on its inside knowledge of how the state operates, tailored defense strategies, and relationships in Los Angeles courts to deliver positive outcomes for clients. With a history of success and professional recognition, your case is in good hands with our firm.
- Former Prosecutor Advantage: We will attack the state's case using inside knowledge.
- Personalized Defense Strategies: We don't use cookie-cutter approaches. Every case is unique, and your defense should be, too.
- Proven Track Record: The Law Offices of David S. Chesley is well-regarded by former clients.
- Compassionate and Confidential Service: We use discretion when working with clients and always respect their confidentiality.
- 24/7 Availability: You shouldn't need to wait to get emergency legal help.
We're ready to take your case: Call (800) 755-5174 or contact us online to get started today.
Frequently Asked Questions About Drug Charges in Los Angeles
What is the penalty for first-time drug possession in California?
First-time possession of a controlled substance is typically charged as a misdemeanor under California Health & Safety Code § 11350. Penalties include up to one year in county jail and/or a fine of up to $1,000.
Can I get probation for drug trafficking in Los Angeles?
It is possible to get probation for drug trafficking charges in Los Angeles, but it depends on the circumstances of the case. Lower quantities, a lack of a criminal record, and the help of a skilled drug charges lawyer can improve your chances of receiving probation.
What is Proposition 36 drug diversion?
Proposition 36 drug diversion is a California program that allows many first-time, non-violent drug possession offenders to have their criminal charges dismissed upon successful completion of a supervised drug treatment program. After completion, the arrest is sealed and the charges are dismissed.
How long does a drug charge case take in Los Angeles?
In Los Angeles County, a simple misdemeanor drug possession case can often be resolved in 3 to 6 months. Felony cases or those involving complex forensic evidence (e.g., trafficking) can take 6 to 12 months or longer, depending on court dockets, discovery, and pre-trial motions. Plea bargains are common and can shorten the timeline.
Will a drug charge affect my immigration status?
Yes, a drug charge will likely affect your immigration status. Federal immigration law currently considers most drug convictions (including simple possession) to be either “aggravated felonies” or “crimes involving moral turpitude.” A conviction can mean deportation (removal), setbacks on citizenship applications, and denials of visas.
Can I drive if I’m arrested for a drug offense?
It depends on the specific offenses. Simple possession generally does not lead to a suspended driver's license, but a drug DUI conviction likely will. A DUI lawyer can help you challenge the suspension at a DMV administrative hearing.
Los Angeles Drug Charges Resources:
Los Angeles and California Court Resources
Los Angeles County Superior Court
Los Angeles Superior Court Criminal Division
Los Angeles County Drug
Rapid Diversion Program (RDP)
California Courts Criminal Case Guide
General Substance Abuse Resources
SAMHSA Helpline
FindTreatment.gov
National Institute on Drug Abuse
Law Offices of David S. Chesley
Main Office:
4533 Van Nuys Boulevard
Second Floor
Sherman Oaks, CA 91403
(800) 755-5174
Los Angeles County Office:
1933 S Broadway Suite 1100
Los Angeles, CA 90007
(213) 908-2262
Contact the Firm
Criminal Defense
DUI Defense
Fight Your Drug Charges with an Experienced Attorney
Your future is too important to leave to chance. A drug crime conviction can lead to jail time, fines, and setbacks in multiple areas of your life. You need to fight for your freedom.
The Law Offices of David S. Chesley is ready to fight alongside you. We bring:
- Over 50 years of combined courtroom experience
- Insights from former prosecutors, judges, and police officers
- A commitment to our clients, with customized defense strategies
- Payment plans to keep your defense affordable.
Call us today at (800) 755-5174 or contact us online to speak with a drug charges lawyer ASAP.
