What is Drug Crime Defense in California?
California drug crimes are prosecuted primarily under the Health & Safety Code, with charges ranging from simple possession (H&S §11350, §11377) to sales (H&S §11352, §11379), transportation, manufacturing (H&S §11379.6), and large-scale trafficking. Following Proposition 47 (2014), simple possession of most controlled substances is a misdemeanor — but sales and trafficking remain serious felonies, and federal prosecution under 21 U.S.C. §841 carries mandatory minimums.
Morris Law PC, A Criminal Defense Firm, represents clients facing these charges across Alameda County and the greater Bay Area. With offices in Oakland and Berkeley, our team brings courtroom-tested defense to every stage of the case — from arrest and arraignment through trial, sentencing, and post-conviction relief.
Charges & Penalties Under California Law
- Simple Possession (H&S §11350 / §11377). Misdemeanor: up to 1 year county jail, $1,000 fine. Eligible for PC §1000 diversion or Prop 36 treatment-in-lieu of jail.
- Possession for Sale (H&S §11351 / §11378). Felony: 2, 3, or 4 years county jail (more for methamphetamine and cocaine base).
- Sale or Transportation (H&S §11352 / §11379). Felony: 3, 4, or 5 years county jail; transportation across two non-contiguous counties adds 3, 6, or 9 years.
- Manufacturing a Controlled Substance (H&S §11379.6). Felony: 3, 5, or 7 years state prison, plus enhancements for amounts (over 3 gallons / 1 pound: +3 years; over 25 gallons / 10 pounds: +10 years).
- Drug Trafficking — Quantity Enhancements (H&S §11370.4). Additional 3 to 25 years based on weight (1 kg cocaine = +3 years; 80 kg = +25 years).
- Marijuana Crimes (post-Prop 64). Most adult-use marijuana conduct is legal; unlicensed cultivation over 6 plants (H&S §11358) and unlicensed sales (H&S §11360) remain criminal.
- Prescription Fraud (H&S §11173). Wobbler: misdemeanor up to 1 year, or felony 16 months to 3 years.
Defenses Our California Lawyers Use
- Fourth Amendment search challenges. Drugs found during an unlawful traffic stop, warrantless home search, or invalid consent search must be suppressed under Mapp v. Ohio and PC §1538.5.
- Lack of knowledge or dominion. The prosecution must prove you knew the substance was there and exercised control over it. Drugs in a shared car, borrowed bag, or rented home create reasonable doubt.
- Lab analysis challenges. Substance identification, weight, and purity testing must follow validated protocols. We subpoena the analyst’s bench notes, calibration logs, and chain of custody.
- Entrapment. If informants or undercover officers induced conduct you would not otherwise have committed, the case is dismissible under People v. Barraza.
- PC §1000 diversion. Simple-possession defendants can have charges dismissed after completing a drug education program — no conviction enters the record.
- Proposition 36 treatment. Non-violent first or second drug offenders are entitled to treatment-in-lieu of jail under PC §1210.1.
- Veterans Court & Mental Health Diversion. Under PC §1001.80 and PC §1001.36, qualifying defendants can resolve cases through treatment courts.
Where We Defend These Cases
Morris Law PC operates from two East Bay locations. Each office leads the firm-wide defense effort for clients in its surrounding communities — and our team works as a single firm regardless of which office you walk into first.
Oakland Office — Lead Office for Alameda County
1300 Clay St, Suite 600
Oakland, CA 94612
Phone: (510) 824-8831
The Oakland office is one block from the Wiley W. Manuel Courthouse (661 Washington Street) and a short walk from the René C. Davidson Courthouse (1225 Fallon Street), where most Alameda County felony cases are heard. See Oakland drug crime defense services →
Berkeley Office
2001 Addison St, Suite 300
Berkeley, CA 94704
Phone: (510) 350-3225
The Berkeley office serves clients facing charges in Berkeley, Albany, Emeryville, El Cerrito, and across northern Alameda County, as well as UC Berkeley students and faculty. See Berkeley drug crime defense services →
Frequently Asked Questions
Is simple drug possession still a felony in California?
No. Proposition 47 (2014) reclassified simple possession of most controlled substances — including cocaine, heroin, and methamphetamine — as misdemeanors under Health & Safety Code §11350 and §11377. Possession with intent to sell, manufacturing, and trafficking remain felonies.
Can I get drug charges dismissed through diversion in California?
Yes. PC §1000 deferred-entry-of-judgment dismisses simple-possession charges after you complete a drug education program. Proposition 36 (PC §1210.1) and military diversion (PC §1001.80) offer treatment-in-lieu of jail for qualifying defendants. We screen every case for diversion eligibility before considering plea options.
What is the difference between possession and possession for sale?
Simple possession (H&S §11350/11377) is for personal use and is a misdemeanor. Possession for sale (H&S §11351/11378) requires the prosecution to prove intent to sell — usually shown by quantity, packaging in baggies, scales, large cash, pay/owe sheets, or text messages. Possession for sale is a felony with 2–4 years county jail.
Will federal prosecutors charge me instead of California state?
Sometimes. Federal jurisdiction is triggered by interstate transportation, quantities meeting federal thresholds (e.g., 500g cocaine, 5kg cocaine, 100kg marijuana), distribution near schools, or DEA-led investigations. Federal sentencing under 21 U.S.C. §841 carries mandatory minimums of 5 or 10 years.
Does California have a ‘drug-free school zone’ enhancement?
Yes. Selling drugs within 1,000 feet of a school grounds (H&S §11353.6) adds 3, 4, or 5 years to the underlying sentence. Selling to a minor adds further enhancements under H&S §11353.
Speak With a California Defense Lawyer Today
Every case is different — and every hour you wait can narrow your options. Call (510) 330-0814 for a free, confidential consultation with a Morris Law PC defense lawyer. Available 24/7, including evenings and weekends.