California has strict existing laws on the possession, selling, and trafficking of controlled substances as a general trend. However, the state government has demonstrated legislative efforts to decriminalize minor drug crimes – the most significant being the removal of minimum drug sentencing for nonviolent crimes associated with controlled substances. When reviewing the average drug sentencing for drug crimes, it is crucial to understand the level to which specific drugs are regulated and the components of a California drug charge.
What is Defined under California Drug Sentencing?
Under HS 11999.1, California clarifies what a drug is for judicial purposes. Under this California Health and Safety Code, a drug is any controlled substance defined and listed in HS 11053 to HS 11059. The listed drugs include but are not limited to:
- Morphine
- Cannabis
- Peyote
- Psilocybin
- Fentanyl
- Cocaine
- Meth
- Oxycodone
- DMT
- LSD
- Codeine, in concentrations over 200 milligrams per 100 milliliters or per 100 grams
- Any substance or material containing toluene
- Anabolic steroids
- Designer drugs
What Components Factor into California Drug Charges?
The main components of California drug sentencing are determined by the “schedule” of the drug in question, the level that it is regulated, the drug quantity, and whether it was possessed, sold, or trafficked.
The Schedule of a Drug
There are six schedules of drugs. This scheduling system ranks the most dangerous and controlled substances Schedule I and the least controlled substances Schedule V. This system allows the California judicial system to quantify the risk of abuse that a controlled substance poses.
Schedule I:
These substances have no accepted medical use, cannot be used under medical supervision, and have an extremely high potential for misuse or abuse.
- Heroin
- Lysergic Acid Diethylamide (LSD)
- Marijuana (cannabis)
- Peyote
- Methaqualone
- 3,4 methylenedioxymethamphetamine (Ecstasy)
Schedule II:
These controlled substances have some medical uses but are a high risk for misuse or abuse
- hydromorphone (Dilaudid)
- Methadone (Dolophine)
- Meperidine (Demerol)
- Oxycodone (Oxycontin, Percocet)
- Fentanyl (Sublimaze, Duragesic)
- Morphine
- Opium
- Codeine
- Hydrocodone
- Amphetamine (Dexedrine, Adderall)
- Methamphetamine (Desoxyn)
- Methylphenidate (Ritalin)
- Amobarbital
- Glutethimide
- Pentobarbital
Schedule III:
These controlled substances contain a lower risk of misuse or abuse. Their addictive properties cause minor physical dependence and major psychological dependence.
- Products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine)
- Buprenorphine (Suboxone)
- Benzphetamine (Didrex)
- Phendimetrazine
- Ketamine
- Anabolic steroids (Depo-Testosterone)
Schedule IV:
These controlled substances have a lower risk of abuse, misuse, and addiction than those listed in Schedule III:
- Alprazolam (Xanax)
- Carisoprodol (Soma)
- Clonazepam (Klonopin)
- Clorazepate (Tranxene)
- Diazepam (Valium)
- Lorazepam (Ativan)
- Midazolam (Versed)
- Temazepam (Restoril)
- Triazolam (Halcion)
Schedule V:
Most of these substances are listed in higher schedules, but if taken in small quantities, they can have mild effects with little to no risk of misuse, abuse, and addiction.
- Cough preparation containing not more than 200 milligrams of codeine per 100 milliliters or 100 grams (Robitussin AC, Phenergan with Codeine)
- Examine
Penalties for Drug Offenses
Standard penalties for drug crimes and offenses are outlined in HS Division 10, Chapter 6, Article 1, Section 11350. Under this subsection in California Health and Safety Code, possession of the above drugs and their physical or chemical variations is punishable by county jail imprisonment for up to one year, community service, and a fine up to $1,000. The penalty decided in court depends on the judge, jury, and type of possession the defendant is charged with.
Drug Sentencing and Possession
An individual or multiple people may be liable for three types of possession. The type of possession is a significant factor in drug possession charges.
Actual Possession:
Actual possession is the event that an individual is caught with a controlled substance directly on their person, such as in their pocket, purse, or backpack.
Constructive Possession:
Constructive possession is the event that a controlled substance is found in a place that the defendant could easily access, such as their residence, vehicle, locker, or backpack, when the individual is not actively wearing it. Constructive possession is more difficult to identify than actual possession. The prosecution must successfully prove that the controlled substance was in the defendant’s possession or control.
Joint Possession:
Joint possession refers to the event that multiple people are found to share possession of a controlled substance. In cases involving joint possession, there is a possible combination of both actual possession and constructive possession, as one individual or all individuals may be in control of the drug or have it on their person.
Individuals charged with possession of a controlled substance will be penalized with a misdemeanor offense regardless of the schedule of the drug. However, there is a reasonable possibility that an individual with previous felony convictions may be charged with felony possession of controlled substances.
Drug Sentencing and the Sale or Trafficking of Drugs
The sale and trafficking of drugs refer to the possession of controlled substances with the intent to distribute or sell to others. Additionally, the transportation of drugs from one place to another by car, bike, foot, plane, or other related forms is penalized similarly. The penalties for drug trafficking may include any or all of the following sentences:
- Felony conviction
- Imprisonment in county jail or federal prison for three to nine years
- Fine up to $20,000
Individuals found guilty of drug sale, trafficking, or transportation after being convicted of a felony face a higher risk. They may be subject to further penalties in one or all of the following forms:
- County jail imprisonment for three to five years
- Fine of up to 20,000
- Felony probation
California’s End to Minimum Drug Sentencing
Following the recent passage of Senate Bill 73 into law, minimum drug sentencing is outlawed for nonviolent drug-related crimes. Under SB 73, minimum jail and prison sentences are no longer implemented when a court is faced with a drug offense. Instead of state-mandated prison or jail time, the court now upholds probation programs in the name of rehabilitation rather than justice.
Contact Pride Legal
If you or a loved one has been charged with a drug-related crime, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.