Narcotics and Drug Offenses

Statistics indicate that Nationwide, drugs and narcotic-related offenses account for approximately one-third of all arrests. Southern California has had the distinction of leading the Nation in arrests for possession of a controlled substance (illegal drugs). And, according to the California Department of Corrections, about 20,000 of the state’s 160,000 prisoners are in jail or prison for drug offenses, such as being under the influence of a controlled substance and possession or sales of cocaine, PCP, LSD, heroin, ecstasy (known as “X”, “XTC” or “Xtacy”) meth, (methamphetamine), or sale or transportation of marijuana, or other newer designer drugs.

Unfortunately, police and prosecutors tend to interpret any available evidence, no matter how small, as evidence that narcotics and drug offenses indicate that any narcotics found were possession for sale, and not for personal use.  The difference in consequences are major, and the penalties for drug crimes range from very severe to probation and classes or a treatment program.

Charges are generally based upon quantity, intent to sell or distribute and other factors such as weapons possession or use, evidence of sales activity, having large amounts of money, etc. The seriousness and ultimate punishment for drug crimes normally depends upon the quantity of the drug, the classification under the drug schedule, and the purpose of the possession (for personal use or for sale).  Manufacturing of narcotics, such as methamphetamine labs run from a home, garage, warehouse, or other building, carry special charges, and police and prosecutors tend to seek out additional charges such as child endangerment if at all related to a family home.

Most drug offenses refer to the possession, use, sale or furnishing of any drug or intoxicating substance or drug paraphernalia, that is prohibited by law. Many drug offenses in the State of California are felonies. It is still a misdemeanor to possess less than an ounce of marijuana — 11357 (b) of the Health & Safety Code. However, possession for even the smallest amount of cocaine is a felony. And currently, there are more than 100 different types of anabolic steroids that have been developed, and each requires a prescription to be used legally in the United States.

Some of the more common California violations are found at: Penal Code section 647(f), public intoxication of drugs or alcohol; the Health & Safety Code sections for possession and sale of drugs, 11350, 11351, 11352, 11357, 11358, 11359, 11360 and section 11550 under the influence of a controlled substance; and Business & Professions Code sections, 4060 prescription drugs and 25658 sale or furnishing of alcohol to a minor.

The most common Health and Safety Code violations prosecuted involving narcotics and drug offenses are:

Drug Possession
Drug possession is charged under several different code sections depending on the type of drug. 11350 HS is the possession of opium or cocaine or any derivative thereof. This offense is considered a felony.

• 11357(a) HS is the possession of any concentrated form of cannabis (hashish). This offense can be a felony or misdemeanor.
• 11357(b) HS is the possession of less than 28.5 grams of marijuana. This offense can be a misdemeanor or infraction.
• 11364 HS is the possession of paraphernalia for injecting or smoking a controlled substance. This offense is considered a misdemeanor.
• 11377 HS is possession of “Dangerous drugs” such as PCP, LSD, Ketamine and Methamphetamine. This offense can be a felony or misdemeanor. (Sentence for possession charges range from fines, probation and jail to diversion).

Manufacturing and Sales (Felonies)

• 11351 HS is the possession for sale of opium or cocaine or any derivative.
• 11355 HS is the sale or transportation of  opium or cocaine or their derivatives.
• 11378 HS is the possession for sale of “Dangerous drugs” such as PCP, LSD, Ketamine and Methamphetamine.
• 11379.6 HS is the manufacturing of “Dangerous drugs” such as PCP, LSD, Ketamine and Methamphetamine. (Sentences usually include fines, formal probation and jail).

If you want to research or see the laws on narcotics and drug offenses directly, you may want to see the entire Health and Safety Code at this link: California Health and Safety Code.

In recent years, certain drugs have emerged and become popular among teens and young adults at dance clubs and “raves.” These drugs, collectively termed “club drugs,” include MDMA / Ecstasy (methylenedioxymethamphetamine), Rohypnol (flunitrazepam), GHB (gamma hydroxybutyrate), and ketamine (ketamine hydrochloride). Producing both stimulant and psychedelic effects, MDMA is often used at parties because it enables party-goers to dance and remain active for long periods of time. This substance is usually ingested in tablet form, but can also be crushed and snorted, injected, or used in suppository form.

The tasteless and odorless depressants Rohypnol and GHB are often used in the commission of sexual assaults due to their ability to sedate and intoxicate unsuspecting victims. Rohypnol, a sedative / tranquilizer, is legally available for prescription in over 50 countries outside of the U.S. and is widely available in Mexico, Colombia, and Europe. Although usually taken orally in pill form, reports have shown that users are also grinding Rohypnol into a powder and snorting the drug.

GHB, available in an odorless, colorless liquid form or as a white powder material, is taken orally, frequently being combined with alcohol. In addition to being used to incapacitate individuals for the commission of sexual assault/rape, GHB is also sometimes used by body builders for its alleged anabolic effects.

The abuse of ketamine, or “special K”, a tranquilizer most often used on animals, became popular in the 1980s, when it was realized that large doses cause reactions similar to those associated with the use of PCP, such as dream-like states and hallucinations. The liquid form of ketamine can be injected, consumed in drinks, or added to smokable materials. The powder form can also be added to drinks, smoked, or dissolved and then injected. In certain areas, ketamine is being injected intramuscularly.