California drug laws and penalties can be complicated, so it is important to know exactly what you’re up against if you face drug charges in the state. California has some of the most complex and ever-changing drug laws in the nation. The charges can be overwhelming. The penalties range from a slap on the wrist to many decades in prison, and understanding how the law applies to your case can mean the difference between the two.

About The Law Offices of Jacqueline Goodman

The Law Offices of Jacqueline Goodman focuses on representing clients charged with drug crimes in California. We have the skills and experience to effectively address the numerous state and federal drug crime laws and successfully advocate in these drug crime cases.

Goodman Criminal Litigation has the aggressive, strategic, and discreet legal counsel that works tirelessly for each client and ensures every right and step taken is toward protecting their interest, reputation, and future. Attorney Jacqueline Goodman achieves optimal results through plea negotiations and managing complex court cases for every client.

Understanding California Drug Crime Laws

In 2022, California experienced a 14.6% decrease in the felony drug offense arrest rate, dropping from 78.2 per 100,000 residents in 2021 to 66.8 in 2022. Arrest rates for dangerous drugs and marijuana also declined by 19.4% and 18.5%, respectively, during the same period.

California’s controlled substances are listed in the California Health and Safety Code (HSC). Drugs are categorized by schedules (Schedule I–V) according to their potential for abuse and medical use. Some of the most common offenses include: 

• Possession. Without a valid prescription, it is unlawful to possess certain controlled substances, such as heroin, cocaine, or methamphetamine, as per HSC §11350.
• Possession with intent to sell. Possession with the intent to sell is a felony under HSC §11351.
• Trafficking. Transporting controlled substances for sale or distribution is covered by HSC §§11352 and 11379.

Drug crime laws also cover manufacturing and distributing drugs. Sentences vary based on the drug and quantity, the defendant’s criminal record, and the existence of aggravating factors, such as selling to a minor or selling near a school. California law also provides for enhancements if firearms are involved and if the crime is gang-related.

Possession of Controlled Substances

Possession of a controlled substance is one of the most frequently charged drug crimes in California. Health and Safety Code §11350 makes it illegal to possess certain controlled substances, including heroin, cocaine, and prescription medications, without a valid prescription. Penalties for violating this law can range from misdemeanor charges, punishable by up to one year in county jail, to felony charges, punishable by state prison time and substantial fines.

Possession for Sale and Drug Trafficking

Possession for sale and drug trafficking are both more serious crimes. Possession for sale, according to Health and Safety Code §11351, is a felony that is punishable by two to four years in state prison and $20,000 in fines. Drug trafficking is also considered a more serious crime as it involves the transportation or selling of large quantities of controlled substances, and can lead to higher penalties, including longer prison time and larger fines.

Drug Manufacturing and Distribution

Drug manufacturing and distribution are two of the most serious drug crimes in California. Drug manufacturing is the process of producing illegal drugs, while drug distribution involves the selling or distribution of controlled substances. Both of these offenses can result in lengthy prison sentences, hefty fines, and a criminal record that will follow you for life. The type of drug, the amount, and any aggravating factors can affect the severity of the penalties you may face.

Hire a Drug Crime Lawyer

When facing drug-related charges, it is essential to hire a drug crime lawyer to fight for your future. A California drug crime attorney can help protect your rights, investigate evidence against you, and make sure the police did not conduct an unlawful search or make other mistakes. Your attorney can negotiate a plea deal or work to get your charges reduced or dismissed and can provide a vigorous defense in court if necessary.

Drug crime laws in California are complicated, and the penalties are often harsh, but you have the right to the strongest defense possible. A knowledgeable and experienced drug crime attorney can work to ensure you understand your legal options and receive the greatest defense in order to help protect your freedom and your reputation.

FAQs

What Is the Penalty for Drugs in California?

Penalties for drug offenses in California depend on the offense and circumstances. Possession of a controlled substance is usually a misdemeanor for which a convicted defendant faces up to one year in county jail and a fine of up to $1,000. Penalties are generally more severe for other drug offenses, like possession for sale or trafficking. Convicted defendants face potential prison sentences and higher fines.

What Happens to First-Time Drug Offenders in California?

If it’s your first time getting charged with a drug crime, you may be lucky to get off with a light sentence in California, particularly if the charges are simple possession. For example, you could be sentenced to probation, drug diversion, or monetary fines. If you go into a diversion program and complete it successfully, you may get your charges dropped. However, it depends on the circumstances.

What Are the New Drug Laws in California 2025?

Proposition 36, a law that went into effect in 2025 in California, redefined several drug possession offenses as felonies if an individual has two or more prior convictions for such offenses. It also established treatment-mandated felonies, which allow some drug convictions to be expunged once the defendant has completed a treatment program.

What Is the Minimum Sentence for Possession of Drugs?

In California, the minimum sentence for drug possession varies based on the offense and the circumstances surrounding it. If convicted of simple possession, a first offense could potentially result in probation or a drug diversion program, with no jail time. However, if convicted of the same crime for a second or subsequent time, as well as if the drug possession charge was for selling or with the intent to sell, the punishment is more severe.

Contact The Law Offices of Jacqueline Goodman Today

If you or someone you know has been charged with a drug crime, The Law Offices of Jacqueline Goodman can help you in your case. Contact us today for a consultation.