California Cocaine Laws

The handling of drug-related offenses in California reflects the complex relationship between law enforcement and the state's rehabilitation efforts. After California approved Proposition 36 in 2000, the state began giving a more lenient treatment to non-violent drug crimes.

This article discusses:

• How the state of California approaches cocaine possession and distribution
• Changes in felony charges related to drug possession
• Options for drug offenders other than state prison time

California's Schedule of Controlled Substances

California law classifies cocaine as a Schedule II controlled substance. This indicates cocaine's high risk for drug abuse with accepted medical use. Other substances listed under Schedule II include morphine, methamphetamine, oxycodone, heroin, fentanyl, and other opioids.

What Are the Penalties for Cocaine Possession in California?

Drug possession offenses cover various acts:

• Actual possession is when you have direct control over the controlled substance. An example is when the substance is in your pocket or bag.
• Constructive possession is when the substance is in a place you oversee or have authority over. The substance does not need to be within your reach. It can be in a place where you can have control over it. For instance, the controlled substance can be in your home or on your dining table.

Simple possession is when a person has actual or constructive possession of a controlled substance without a valid prescription. California laws classify simple possession of cocaine as a misdemeanor charge.

The California Health and Safety Code guides drug courts on penalties and establishes the guidelines for sentencing. With a misdemeanor charge, the offender may face up to one year in county jail. But, jail time is unlikely for first-time offenders.

But if investigators determine that you intended to sell the substance rather than keep it for personal use, the penalties increase. Possession of cocaine with intent to sell can lead to up to five years in prison.

Alternative Sentencing Options for Cocaine Possession Charges

California offers many rehabilitative options to people with cocaine possession charges. This means that, instead of incarceration, they may qualify for other forms of punishment. These alternative sentencing options can be one of the following:

• Drug diversion program under Proposition 36: This program allows the person to undergo treatment instead of imprisonment. The drug diversion program often lasts a year, and it could either include an inpatient or outpatient option.
• Court-monitored treatment options: Drug courts specialize in handling drug-related offenses. These courts may offer a traditional approach to drug offenders. This may include counseling, community service, drug rehabilitation, and more. The court may also require the person to regularly check in at the drug court.
• Deferred judgment: The drug offender may also plead guilty to the drug charges and get placed on probation. The offender should complete drug treatment and other probation conditions when on probation. The court may dismiss the drug charges if the offender completes the probation conditions, which could clear the person's criminal records.

What Are the Penalties for Illegal Sale of Cocaine in California?

Possession of cocaine with intent to sell or actual sale of cocaine is a felony in California. The minimum penalty for the sale of cocaine ranges from three to five years of imprisonment. But certain factors may be aggravating circumstances that could enhance the penalty.

• An extra two years of imprisonment if the sale of illegal drugs is within 1,000 feet of a school grounds during school hours or when there are minors present.
• An extra one-year imprisonment if the sale of cocaine happened on the grounds of or within playgrounds, youth centers, churches, synagogues, public swimming pools, during operational hours, or when there are minors in the facility.
• An extra one to three years of imprisonment if a minor is at least four years younger than the defendant is involved.

To learn more about the penalties of a drug charge, seek a criminal defense attorney specializing in drug crimes. They can give you detailed advice tailored to your case.

Note: State laws are subject to change. While we strive to provide the most current information, it's important to consult an attorney to learn how these laws apply to your unique situation.

California Cocaine Laws: Related Resources

• California Drug Possession Laws
• California Drug Cultivation and Manufacturing Laws
• California Laws for Heroin, Fentanyl, and Other Opioids
• The Controlled Substances Act (CSA): Overview
• Crimes A to Z: Drug Distribution/Trafficking
• Crimes A to Z: Drug Cultivation and Manufacturing

Charged With Violating California Cocaine Laws? Contact an Attorney

Learning about the intricacies of California's drug laws is essential. This is particularly true if you are facing possible drug offenses that could affect your future.

Whether you are facing charges related to possession of a controlled substance or implicated in drug sales, seek legal advice from a criminal defense lawyer. They can help you protect your rights and examine the possible defense strategies applicable to your case. They can also help you look for potential drug rehabilitation programs that you can use.

FindLaw offers a directory of criminal defense attorneys in California who can help you with your criminal charge.