There are many different types of drug offenses.
They range from simple possession, to possession for sale, to transportation,
to cultivation, to manufacturing,to
offering for sale to actual sales. In addition to criminal laws that
prohibit the possession of the drugs, there are numerous laws that also
prohibit the possession of drug paraphernalia or the chemicals that
can be combined to make up a controlled substance.
Additionally, the punishment for any drug offense
can significantly increase if the offense occurred on or near a school
ground, even if there were no school children in the vicinity.
and Safety Codes
California Drug offenses are determined and
identified under the various controlled substances in the Health and
Safety Codes where there are schedules (I through IV) of the various
I - In Schedule I, you will find the opiates, opium derivatives
such as heroin, hallucinogenic substances such as DMA, STP, LSD, marijuana,
mescaline, peyote, psilocybin and cocaine base. The theory is that
the drugs listed in Schedule I are dangerous, have no medical use
and can easily lead to abuse.
- The controlled substances include opium, codeine, hydrocodone, fentanyl,
methadone and stimulants such as amphetamine and methamphetamine,
depressants such as PCP and secobarbital. The drugs on this particular
Schedule are a little less dangerous, a little less subject to physical
and/or psychological addiction and have some minimal medical value
in limited situations. A prescription is required.
III - The controlled substances would include testosterone and
HGC. The potential for abuse is less and the physical and/or psychological
dependency is rare.
- The controlled substances in this schedule would include clonazepam
and diazepam. These are the drugs with the least amount of potential
for abuse and the greatest amount of use for medical purposes.
Some of the more common codes and sentences
under California criminal law are listed as follows:
& Safety Code (H&S) §11162.5
- Counterfeiting an official prescription blank is punishable by imprisonment
for 16 months, 2 years of 3 years for a first offense.
- Possession of a controlled substance is punishable by imprisonment
for 16 months, 2 years or 3 years.
- Possession of a controlled substance for sale is punishable by imprisonment
for 2 years, 3 years or 4 years.
Code § 11352
- The Sale or Transportation of a controlled substance is punishable
by imprisonment for 3 years, 4 years or 5 years.
- Adult inducing a minor's involvement with a controlled substance is
punishable by imprisonment for 3 years, 6 years or 9 years.
There are additional enhancements for committing drug
offenses if there are prior convictions or if there are any firearms involved,
which can significantly increase the length of punishment.
- Written by Patrick
H. Kelly, Attorney at Law
of Criminal Law