Influence of Drugs and Narcotics

Narcotics and drug cases are very prevalent in the California criminal justice system. Drug related charges range from felonies to misdemeanors depending upon the conduct of the arrestee and what was found on the arrestee or his/her system at the time.

Examples of Felony Drug Charges:

I. Methamphetamine

• Possession of Methamphetamine (Health and Safety Code §11377)
  
• Possession of Methamphetamine for Sale (Health and Safety Code §11378)
  
• Transportation or sale of Methamphetamine (Health and Safety Code §11379)
  

II. Cocaine

• Possession of Cocaine (Health and Safety Code §11350)
  
• Possession of Cocaine for sale (Health and Safety Code §11351)
  
• Transportation or sale of Cocaine (Health and Safety Code §11352)
  

The penalties associated with felony convictions range from drug diversion and treatment to state prison commitment. In a typical drug possession case, an individual without a criminal record who is charged with violating Health and Safety Code §11377 or 11350, is eligible for Penal Code §1000 drug diversion. This means that the individual will be referred to drug classes and treatment as opposed to being sentenced to jail. If that person completes the class and does not violate the law for 18 months, the case will be dismissed. If that same person is not eligible for PC 1000, then Proposition 36 drug treatment may be available. The difference is that Prop.36 is more intensive treatment and requires the individual be placed on Formal Probation through the county probation department. The key to receiving drug treatment is that the drugs were possessed for personal use, not for sale.

Misdemeanor Drug Offense of Being Under The Influence of Illegal Drugs

Under California law, it is illegal to be under the influence of a controlled substance. In order to prove this case, the prosecutor must prove that the person was under the influence. Typically, when arrested, the police officers will take a blood sample. This is necessary to prove the case beyond a reasonable doubt. It is also necessary for the police to conduct a “Drug Recognition Examination” on the arrestee. This is a battery of Field Sobriety Tests, blood pressure measurement, eye examinations, nose examination, tongue examination, etc. If convicted of this misdemeanor offense, a first time offender can obtain diversion through Penal Code §1000 or Prop. 36. However, if the individual is not eligible for diversion, California law mandates 90 days in jail.