Donald G. Sowers Drug Crimes Law Blog on Lawyers.com

Recent FBI reports indicate that Nationwide, drug abuse such as possession of "Meth" and drug-related offenses account for approximately one-third of all arrests. California has led the Nation in arrests for simple possession of a controlled substance (illegal drugs). And, according to the California Department of Corrections, about 20,000 of the state's 160,000 prisoners are confined for drug offenses, such as being under the influence of a controlled substance and possession or sales of cocaine or methamphetamine.

A drug abuse offense refers to the possession, use, sale or furnishing, or under the influence of any drug or intoxicating substance or drug paraphernalia, that is prohibited by law. Most drug offenses, such as possession of Meth, in the State of California are felonies. And it is still a misdemeanor to possess less than an ounce of marijuana, 11357 (b) of the Health & Safety Code - Marijuana Possession. However, possession for even the smallest amount of cocaine or meth is a felony. And currently, there are more than 100 different types of anabolic steroids that have been developed, and each requires a prescription to be used legally in the United States. Some of the more common California violations are found at: Penal Code section 647(f) public intoxication of drugs or alcohol; the Health & Safety Code sections for possession and sale of drugs, 11350, 11351, 11352, 11357, 11358, 11359, 11360 and section 11550 under the influence of a controlled substance; and Business & Professions Code sections, 4060 prescription drugs and 25658 sale or furnishing of alcohol to a minor.

You will find an easy to use site to look up a law in any of the 29 California Codes and the California Constitution, as well links to other state and federal sites, at: http://www.leginfo.ca.gov/calaw.html

The penalties for drug crimes can be very severe, ranging from "Diversion" or "Prop 36" to state prison. Drug law charges are based upon quantity, intent to sell or distribute and other factors such as weapons possession or use, evidence of sales activity, having large amounts of money, etc. The seriousness and ultimate punishment for drug crimes normally depends upon the quantity of the drug, the classification under the drug schedule, and the purpose of the possession (for personal use or for sale).

Fortunately, the recent passage of California's Proposition 215 - which legalized medical marijuana and Proposition 36 - a ballot initiative that sends drug offenders to drug treatment instead of prison - has great potential for treating abusers of drugs rather than simply sending them to jail. Prop. 36 is not available for Individuals accused of sale or manufacture of drugs, or charged with a violent offense or if there was a prior conviction for a violent crime, with possible exception of some domestic violence cases. Proposition 36 sentencing consists of probation and drug treatment, and it specifically states that a defendant shall not be required to spend time in jail as a condition of probation. It also authorizes dismissal of charges when treatment is completed.

California Proposition 36 or "Prop 36" provides for the right of a person convicted of a nonviolent drug offense to receive probation and drug treatment. Any defendant previously "convicted" of one or more serious felonies is excluded (such as robbery, the offenses are listed under Sections 667.5 or 1192.7 of the Penal Code). However, a recent Appellate Court decision eliminates Prop. 36 for individuals convicted of DUI in the same proceeding!

In many counties in California, there has been a relatively recent addition of "Drug Court" which is a special court given the responsibility of close supervision of select felony and misdemeanor cases involving non-violent drug-using offenders. However, participation is precluded for any offender who has been charged with a violent offense or who has a prior conviction for a violent crime, except some minor domestic abuse cases and usually excludes offenders charged with sales of drugs, possession for sale of drugs, or other serious offenses.

Diversion, which is another alternative, requires the accused to enter a plea of guilty to the charge, but the accused is NOT sentenced (the case is not final until the defendant is sentenced). The accused must then go through the diversion program, which is a series of classes. Drug testing is done randomly and a "dirty" or positive test can create new legal problems. Should the defendant violate the terms of the diversion, the court may go ahead and sentence the defendant as the defendant has already entered a plea and can be sentenced on that plea. Diversion is for first time offenders. And successful completion of the program will mean there will be no conviction on your record!

In recent years, certain drugs have emerged and become popular among teens and young adults at clubs and parties. These drugs, collectively termed "club drugs," include MDMA / Ecstasy (methylenedioxymethamphetamine), Rohypnol (flunitrazepam), GHB (gamma hydroxybutyrate), and ketamine (ketamine hydrochloride). Producing both stimulant and psychedelic effects, MDMA is often used at parties because it enables party-goers to dance and remain active for long periods of time. This substance is usually ingested in tablet form, but can also be crushed and snorted, injected, or used in suppository form.

The tasteless and odorless depressants Rohypnol and GHB are often used in the commission of sexual assaults due to their ability to sedate and intoxicate unsuspecting victims. Rohypnol, a sedative / tranquilizer, is legally available for prescription in over 50 countries outside of the U.S. and is widely available in Mexico, Colombia, and Europe. Although usually taken orally in pill form, reports have shown that users are also grinding Rohypnol into a powder and snorting the drug.

GHB, available in an odorless, colorless liquid form or as a white powder material, is taken orally, frequently being combined with alcohol. In addition to being used to incapacitate individuals for the commission of sexual assault/rape, GHB is also sometimes used by body builders for its alleged anabolic effects.

The abuse of ketamine, a tranquilizer most often used on animals, became popular in the 1980s, when it was realized that large doses cause reactions similar to those associated with the use of PCP, such as dream-like states and hallucinations. The liquid form of ketamine can be injected, consumed in drinks, or added to smokable materials. The powder form can also be added to drinks, smoked, or dissolved and then injected. In certain areas, ketamine is being injected intramuscularly.

The penalties of a conviction for drug possession or sales are severe. However, frequently an accusation of drug possession is based upon an illegal search and seizure by the police. If proper Police Procedures were not followed or if your Criminal Law or Constitutional Rights were violated, your case could be dismissed. Don't simply plead guilty without seeing what a very experienced law firm can do for you.

Cases involving drugs give rise to many issues, and many possible defenses and ultimate results can vary greatly. At Takakjian, Sowers & Sitkoff LLP at http://www.FormerDistrictAttorneys.com each of our partners is a former Deputy District Attorney. We have successfully handled cases ranging from misdemeanor drug possession and being under the influence of a controlled substance to the most serious felony drug possession for sales and transportation of narcotics offenses. We would be happy to discuss your case with you.

Please do not hesitate to contact us. We have nearby offices throughout California and our fees are reasonable. Our 24-hour telephone number is 1-866-388-7663. The call is free and the initial consultation is free. We are very successful in defending our clients! Please call us today.

Or visit our web site at:   http://www.FormerDistrictAttorneys.com