California Drug Distribution Laws

In California, the act of transporting a few grams of prescription drugs to a friend could lead to legal consequences. The severity of these consequences depends on certain factors, such as the intent of the person, the quantity of drugs involved, and more.

This article delves into the stringent drug distribution laws in California. It looks at the activities that fall under these charges and the possible penalties involved.

Understanding Drug Distribution Laws in California

California's Health and Safety Code (HSC) governs drug distribution laws. This law contains the general provisions, definitions, penalties, and other regulations related to the possession, sale, transfer, and importation of controlled substances.

Definition of Drug Distribution

California HSC Section 11012 defines “distribute” as delivering the substance other than dispensing or administering it. “Dispensing” refers to delivering the substance to the ultimate user of the drug. To "administer" means to apply the drug to the body through inhalation, injection, ingestion, or other methods.

In this context, illegal drug distribution means transferring the substance from one person to another. The transfer is not a direct one to the end user of the substance. The drug also isn't directly administered to or by someone else.

Key Factors in Drug Distribution Charges

Section 11351 of HSC makes it illegal for someone to possess controlled substances with the intent to distribute or sell. As a result, the prosecutor must differentiate the defendant's conduct from drug possession when charging drug distribution. The prosecutor may try to establish the case by introducing evidence of drug sales or distribution.

The prosecutor must show that the conduct goes beyond simple possession for personal use. They often rely on certain factors that support the drug distribution charges, such as the following:

• The quantity of drugs involved
• The type of drug involved
• The presence of other drug paraphernalia or packaging materials
• Possession of measuring devices and scales
• Possession of a large amount of cash
• Other materials indicating intent to distribute such drugs

California law makes allowances when it comes to possession of marijuana (cannabis). An adult over 21 years of age may legally transfer or transport up to 28.5 grams of marijuana or up to 8 grams of marijuana concentrate. Quantities higher than the threshold amount can result in criminal charges. FindLaw's California Drug Cultivation and Manufacturing Laws article offers more information.

Penalties for Drug Distribution in California

California laws consider the illegal distribution of controlled substances as a felony offense. Drug distribution offenses are more severe than simple possession charges. This is because of their potential to harm the community. Convictions for drug distribution can result in a prison sentence and fines. Simple possession is often a misdemeanor charge.

The following are the penalties for the unlawful distribution of controlled substances:

The court often imposes fines to the prison sentence. The fines for drug distribution charges range between $20,000 and $500,000.

Enhanced Penalties

California law has provisions that increase the penalties for drug distribution offenses. These enhanced penalties provide harsher punishments. This can be due to aggravating factors such as the following:

• Crimes involving minors - If a person hires or employs a minor to distribute controlled substances or sells controlled substances to a minor, they may face enhanced sentences of three, six, or nine years of jail.
• Proximity to certain facilities - If the criminal offense occurred within 1,000 feet of a school, playground, daycare, youth center, church or synagogue, public swimming pool, or other school-related facilities when minors are using them, the defendant could suffer an additional one to two years of jail time.
• Prior criminal record - Defendants with prior convictions may face enhanced penalties.
• Large quantities of controlled substances - Possession of a controlled substance in large quantities could also result in enhanced sentences.

The penalties imposed on defendants found guilty of violating the California laws are case-by-case. Consult a criminal defense lawyer specializing in drug crimes. They can help you better understand state and federal laws.

Note: California state laws are subject to change. Consult a California criminal law attorney on how the current laws apply to your situation.

Related Resources

For more information related to this topic, you can click on the following links:

• California Cocaine Laws
• California Drug Cultivation and Manufacturing Laws
• California Drug Distribution Laws
• California Health and Safety Code

Facing Drug Charges in California? Get Legal Help With Your Drug Distribution Case From an Attorney

If you or someone you know is facing drug distribution charges in the state of California, contact a criminal defense attorney. They can assist you in understanding these laws and look at the possible defense strategies for your case.