Morris Law is an Oakland criminal defense law firm. Call (510) 824-8831 for a free case review of your drug crimes case. Drug Crimes in California is governed by California Health & Safety Code §§11350, 11351, 11352, 11377, 11378, 11379. Our office at 2744 E 11th St, Oakland is in East Oakland, about 2 miles from the Alameda County courthouses in Downtown Oakland — where every Oakland case is heard. Seth Morris spent years in those courthouses as a Deputy Public Defender.

What is drug crimes under California law?

Oakland Drug Crime Lawyer — Morris Law

California drug crimes are prosecuted primarily under the Health & Safety Code. Simple possession (H&S §11350 for narcotics, §11377 for controlled substances) is a misdemeanor after Proposition 47 (2014). Possession for sale (§11351, §11378), sale or transportation (§11352, §11379), and manufacturing (§11379.6) remain felonies with prison exposure. Federal prosecution under 21 U.S.C. §841 is possible for larger quantities and carries mandatory minimum sentences.

Penalties for drug crimes in California

Penalties vary sharply by specific statute, degree, and prior record. Here are the primary ranges we see in Oakland and Alameda County cases:

  • Simple possession (H&S §11350, §11377): misdemeanor up to 1 year county jail
  • Possession for sale (H&S §11351, §11378): felony 2, 3, or 4 years county jail
  • Sale or transportation (H&S §11352, §11379): 3, 4, or 5 years county jail (up to 9 years across non-contiguous counties)
  • Manufacturing (H&S §11379.6): 3, 5, or 7 years state prison, plus quantity enhancements
  • Quantity enhancement (H&S §11370.4): +3 to +25 years based on weight
  • School-zone enhancement (H&S §11353.6): +3, 4, or 5 years for sales within 1,000 feet of a school
  • Federal 21 U.S.C. §841: 5- and 10-year mandatory minimums at specified quantities

Collateral consequences — professional licensing, immigration status, firearm rights, and future employment — often exceed the direct sentence.

How Morris Law defends drug crimes cases in Oakland

Every case is different, but the defense strategies below produce the most dismissals, reductions, and acquittals:

  • Fourth Amendment suppression under PC §1538.5 — drugs found during illegal stops, warrantless searches, or invalid consent must be excluded.
  • Lack of knowledge and dominion — the prosecution must prove you knew the substance was there and exercised control over it.
  • Lack of intent to sell — quantity alone rarely proves intent. Absent packaging, scales, cash, or pay/owe sheets, cases reduce to simple possession.
  • Lab analysis challenges — substance ID, weight, and purity testing must follow validated protocols. We subpoena bench notes and calibration logs.
  • Entrapment under People v. Barraza — informants or undercover officers who induced conduct you would not otherwise have committed.
  • PC §1000 deferred entry of judgment — 18 months of drug education ends with dismissal.
  • Proposition 36 (PC §1210.1) treatment-in-lieu of jail for non-violent drug offenders.

What to do if you are arrested for drug crimes in Oakland

Most Oakland arrests are made by the Oakland Police Department (OPD). BART Police handle transit arrests. CHP handles freeway enforcement. Alameda County Sheriff handles unincorporated areas. Take these steps:

  1. Invoke your right to counsel. Under Miranda v. Arizona, you must clearly say you want a lawyer, then stop talking.
  2. Do not consent to a search. Officers need a warrant, probable cause, or your consent. Refuse politely.
  3. Call Morris Law at (510) 824-8831. We answer 24 hours a day.
  4. Preserve evidence. Photograph injuries or damage. Note officers’ names, badge numbers, and witnesses.
  5. Stay off social media and jail phones. Both are recorded and admissible.
  6. Write down your account for your attorney. Record events while fresh.

Why Oakland residents choose Morris Law for drug crimes defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. What we bring to every case:

  • Seth Morris was a Deputy Public Defender in Alameda County. He defended clients at the Wiley W. Manuel and René C. Davidson courthouses regularly.
  • More than 25 jury trials, including life-in-prison exposure cases.
  • Federal recognition on police body cameras and 4th Amendment. President Obama’s Task Force on 21st Century Policing contributor.
  • Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC, NBC Bay Area, KQED, KALW.
  • Oakland office at 2744 E 11th St — East Oakland, about 2 miles from the courthouses.
  • 24/7 phone access at (510) 824-8831.
  • Clear, plain-language updates.

Seth Morris is a member of the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and the Alameda County Bar Association.

How drug crimes cases move through Alameda County

Stage Where Timing
Arrest Oakland — often by OPD Day 0
Booking Glenn E. Dyer or Santa Rita Jail Day 0–1
Arraignment Wiley W. Manuel or René C. Davidson Within 48 hours in custody
Preliminary hearing (felony) René C. Davidson Courthouse Within 10 court days in custody
Trial Wiley W. Manuel or René C. Davidson Within 60 days if not waived

Drug Crimes defense in Oakland — Frequently Asked Questions

Is drug possession still a felony in Oakland?

Not for simple possession of most substances. Proposition 47 (2014) reclassified simple possession of cocaine, heroin, methamphetamine, and most controlled substances as misdemeanors under H&S §11350 and §11377. Possession for sale, sale, and trafficking remain felonies.

Can Oakland drug charges be dismissed through diversion?

Yes. PC §1000 deferred entry of judgment dismisses simple-possession charges after completion of a drug education program. Proposition 36 offers treatment-in-lieu of jail. Mental health diversion (PC §1001.36) and military diversion (PC §1001.80) are also available.

Does Oakland have federal drug prosecution?

Yes. Federal cases involving Oakland residents proceed in the Northern District of California — Oakland federal courthouse (1301 Clay Street) or San Francisco (450 Golden Gate Avenue). Federal thresholds trigger 5- or 10-year mandatory minimums under 21 U.S.C. §841.

Where do Oakland criminal cases go to court?

Oakland cases go to Alameda County Superior Court. Misdemeanors and traffic go to the Wiley W. Manuel Courthouse (661 Washington St). Felonies go to the René C. Davidson Courthouse (1225 Fallon St). Our attorneys appear at both regularly.

Who is Seth Morris?

Seth Morris founded Morris Law in 2021. He earned his JD at UC Berkeley School of Law in 2006, served as a Deputy Public Defender in Alameda County, and has tried more than 25 jury trials — including cases with life-in-prison exposure. He helped develop the national Body Camera Toolkit for President Obama’s Task Force on 21st Century Policing.

How quickly can I meet with an Oakland criminal defense lawyer?

Same day, in most cases. Attorneys are reachable 24 hours a day at (510) 824-8831. If a family member has been booked at Glenn E. Dyer Detention Facility or Santa Rita Jail, we can arrange contact within hours.

Get a free drug crimes case review

Talk to an Oakland criminal defense lawyer today. Call (510) 824-8831 or fill out our online form. Free case review. 24-hour phone. Oakland office at 2744 E 11th St.

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Specific drug crime charges we defend in Oakland

Each link opens a page written for that specific charge — with the exact statute, penalties, defenses, and case examples.

Related pages

Official government resources