Morris Law is an East Bay criminal defense firm serving Alameda County — Oakland, Berkeley, Emeryville, Alameda, Piedmont, Albany, and surrounding communities. 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. We have two East Bay offices — Oakland (2744 E 11th St · 510-824-8831) and Berkeley (2025 Rose St #200 · 510-350-3225) — and our attorneys appear in Alameda County Superior Court every week. Seth Morris spent years as a Deputy Public Defender in those exact courthouses.

What is drug crimes under California law?

East Bay 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 California 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. We assess collateral exposure at the start of every case.

How Morris Law defends drug crimes cases

Every case is different, but the defense strategies below are the ones that most often produce 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 California

Wherever you were arrested — Oakland Police, Berkeley Police, CHP, BART Police, or a county Sheriff — take these steps immediately:

  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. Our firm-wide line answers 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 California 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.
  • Two East Bay offices. Oakland (2744 E 11th St · East Oakland) and Berkeley (2025 Rose St #200 · North Berkeley).
  • 24/7 phone access at (510) 824-8831.
  • Clear, plain-language updates. No jargon.

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

Where we defend drug crimes cases

Two East Bay offices, one firm. Cases across the Bay Area and California — including federal cases in the Northern District.

Oakland Office

2744 E 11th St, Oakland, CA 94601
(510) 824-8831

Oakland drug crimes defense →

Berkeley Office

2025 Rose St #200, Berkeley, CA 94709
(510) 350-3225

Berkeley drug crimes defense →

How drug crimes cases move through California courts

Stage Where Timing
Arrest Oakland Police, Berkeley Police, CHP, Sheriff, or BART Police Day 0
Booking Glenn E. Dyer, Santa Rita Jail, or local PD Day 0–1
Arraignment Wiley W. Manuel (misdemeanors) or René C. Davidson (felonies) 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 California — Frequently Asked Questions

Is drug possession still a felony in California?

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 California 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 California 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 does Morris Law have offices?

Morris Law has two offices in the East Bay. The Oakland office is at 2744 E 11th St, Oakland, CA 94601 — (510) 824-8831. The Berkeley office is at 2025 Rose St #200, Berkeley, CA 94709 — (510) 350-3225. The firm-wide line is (510) 824-8831, available 24/7.

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 a California criminal defense lawyer?

Same day, in most cases. The firm-wide line is (510) 824-8831, answered 24 hours a day. If you or a family member has been booked at Glenn E. Dyer Detention Facility, Santa Rita Jail, or Berkeley Police Department, we can arrange contact within hours from either office.

Get a free drug crimes case review

Talk to a California criminal defense lawyer today. Call (510) 824-8831 — our firm-wide line, answered 24 hours a day. Or contact either office directly: Oakland at (510) 824-8831, Berkeley at (510) 350-3225.

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