Drug Crimes Defense · Los Angeles County
Los Angeles Drug Crimes Lawyer
Search Warrant Executed?
Suppression. Diversion. Dismissal — in that order.
Daniel S. RubinDrug Crimes Attorney
01 — Quick Facts
California Drug Crimes — At a Glance
02 — California Drug Law
How California Prosecutes Drug Crimes
The California Health & Safety Code (opens in new tab) organizes drug offenses into five schedules mirroring the federal Controlled Substances Act. Proposition 47 (2014) reclassified simple possession of most drugs as a misdemeanor, but sales, transportation, manufacturing, and possession-for-sale charges remain straight felonies.
Nearly every drug case turns on the search. Whether the search was consensual, warranted, and executed within scope determines whether the drugs — the entire case — come into evidence. Motions under PC §1538.5 (opens in new tab) drive most successful drug-case outcomes, together with pre-plea diversion under PC §1000.
03 — Penalties
Drug Crime Penalties in California — What You Are Facing
| Offense | Statute | Classification | Custody | Fine | Diversion? | Immigration Risk |
|---|---|---|---|---|---|---|
| Simple Possession | HS §11350 / §11377 | Misdemeanor | Up to 1 year jail | Up to $1,000 | PC §1000 diversion | Deportable |
| Possession for Sale | HS §11351 | Felony | 2, 3, or 4 yrs prison | Up to $20,000 | No | Aggravated felony |
| Sales / Transportation | HS §11352 | Felony | 3, 4, or 5 yrs prison (9 yrs cross-county) | Up to $20,000 | No | Aggravated felony |
| Meth Possession for Sale | HS §11378 | Felony | 16 mo, 2, or 3 yrs prison | Up to $10,000 | No | Aggravated felony |
| Meth Sales / Transportation | HS §11379 | Felony | 2, 3, or 4 yrs prison | Up to $10,000 | No | Aggravated felony |
| Manufacturing | HS §11379.6 | Felony | 3, 5, or 7 yrs prison | Up to $50,000 | No | Aggravated felony |
| Weight Enhancement | HS §11370.4 | — | +3 to 25 yrs consecutive | — | — | Enhances aggravated felony |
Every drug conviction under §11351, §11352, §11378, §11379, or §11379.6 is categorically an "aggravated felony" for immigration purposes — meaning mandatory deportation and permanent bar to reentry for non-citizens.
Additional Consequences Beyond the Courtroom
- Immigration: nearly every drug conviction is deportable — including simple possession
- Federal student loan and grant ineligibility (20 U.S.C. §1091(r))
- Public housing and Section 8 disqualification
- Felony firearm ban — lifetime under 18 U.S.C. §922(g)(1)
- Professional license discipline (nursing, pharmacy, medicine, law)
- Driver's license suspension on transportation offenses (VC §13202)
- Loss of security clearance and government-contracting eligibility
- Employment background check — visible without diversion or expungement
04 — Defense Strategies
How We Fight Drug Charges
Fourth Amendment Suppression
Warrantless searches, expired warrants, and over-broad scope drive most successful drug-case suppression motions.
Miranda / Voluntariness
Custodial statements taken without Miranda or through coercion can be suppressed — often gutting sales elements.
Insufficient Nexus
Constructive possession requires knowledge, dominion, and control.
- We challenge each element in shared-space cases.
Confidential Informant Motion
Where the case relies on a CI, we file motions to disclose identity and challenge reliability under Aranda-Bruton.
PC §1000 Diversion
Simple possession — case dismissed after 12–18 months of treatment.
- No conviction, no record on completion.
PC §1001.36 Mental Health Diversion
Where addiction relates to a qualifying mental-health condition, diversion is available even on some felonies.
05 — Types of Charges
Drug Charges We Defend
Simple Possession
Misdemeanor under Prop 47. Cocaine, heroin, meth (personal use). PC §1000 diversion typical.
Learn morePossession for Sale
Felony. Prosecutors argue quantity, packaging, scales, and text messages as sales indicia.
Learn moreSales & Transportation
Felony. Even 'transporting for personal use' can be charged after AB 1810 reforms.
Learn moreMeth Possession for Sale
Felony. Weight enhancements under HS §11370.4 add 3–25 years for large quantities.
Learn moreMeth Sales / Transportation
Felony. School-zone enhancements under HS §11380 add years for distribution near minors.
Learn moreManufacturing
Felony. Labs — meth, MDMA, PCP — trigger toxic-exposure enhancements and federal referral.
Learn more06 — Possible Outcomes
Possible Outcomes in a Drug Case
Case Dismissed or Not Filed
The best possible outcome — no conviction, no record.
- Suppression of the search under PC §1538.5 — unlawful stop or warrant
- Chain-of-custody or lab-analysis defects
- DA rejection where possession vs. sales cannot be proven
Reduced to Simple Possession
- HS §11351 sales charge reduced to §11350 possession
- Weight and enhancement allegations stricken
- Felony reduced to misdemeanor under Prop 47
Minimized Sentence
If a conviction cannot be avoided, we fight for the lowest possible exposure.
- Drug-court probation in place of state prison
- Residential treatment in place of custody
- Prop 36 non-violent drug-offender probation
Drug Diversion & Deferred Entry
- PC §1000 pretrial diversion — case dismissed on completion
- Prop 36 treatment in lieu of jail
- Mental-health diversion under PC §1001.36 for co-occurring conditions
07 — Drug Diversion
California Drug Diversion Pathways
PC §1000 — Deferred Entry
Simple possession. Complete drug program in 12–18 months → case dismissed. Available even with prior misdemeanors.
PC §1000.36 — Prop 36
Felony possession or transportation for personal use. Treatment in lieu of jail. Prior violent felonies disqualify.
PC §1001.36 — Mental Health Diversion
Any misdemeanor and most felonies where a qualifying mental-health diagnosis played a significant role. Case dismissed on completion.
08 — Collateral Consequences
Consequences Beyond the Sentence
- Immigration: nearly every drug conviction is deportable — including simple possession
- Federal student loan and grant ineligibility (20 U.S.C. §1091(r))
- Public housing and Section 8 disqualification
- Felony firearm ban — lifetime under 18 U.S.C. §922(g)(1)
- Professional license discipline (nursing, pharmacy, medicine, law)
- Driver's license suspension on transportation offenses (VC §13202)
- Loss of security clearance and government-contracting eligibility
- Employment background check — visible without diversion or expungement
09 — FAQs
Drug Crimes Questions — Los Angeles
Can I go to jail for simple drug possession in California?
Simple possession (HS §11350) is a misdemeanor after Prop 47 with a maximum of 1 year in county jail. In practice, first-time offenders almost always qualify for PC §1000 diversion — meaning treatment for 12–18 months followed by dismissal with no conviction. Jail on a first simple-possession case is rare in Los Angeles County.
What is PC §1000 diversion?
PC §1000 is pretrial deferred-entry-of-judgment for qualifying nonviolent drug offenses. You are not required to plead guilty. You complete a drug-education program and remain arrest-free for 12–18 months; if successful, the case is dismissed and you never had a conviction. Prior violent felonies and drug sales offenses disqualify. It is the single most valuable disposition in a first-offense drug case.
How does the DA prove possession for sale?
HS §11351 requires proof beyond a reasonable doubt of (1) possession, (2) knowledge of the drug's nature, and (3) intent to sell. Prosecutors use quantity, packaging (individually-wrapped baggies), scales, pay-owe sheets, text messages, and expert testimony about street value. Every element is contestable — the intent-to-sell element in particular.
Can drug charges be dismissed if the search was illegal?
Yes. Motions under PC §1538.5 to suppress illegally-obtained evidence often result in dismissal in drug cases — because the drugs are typically the entire evidentiary basis. Common suppression grounds: no probable cause for the traffic stop, no warrant, warrant executed outside scope, non-consensual searches, and Miranda violations.
Are drug convictions deportable for non-citizens?
Almost always yes. INA §237(a)(2)(B) makes any conviction relating to a federal controlled substance deportable — including simple possession, and including many marijuana offenses despite California legalization. Non-citizens should never plead to a drug charge without immigration-informed defense counsel. Diversion under PC §1000 can avoid the conviction and preserve status.
Does California drug law apply to prescription medications?
Yes. Possession of a controlled prescription drug (Vicodin, Adderall, Xanax) without a valid prescription is charged under HS §11350. Prescription fraud is charged under HS §11173. Doctor-shopping is charged under HS §11173(a). These prosecutions have surged with the opioid crisis and often involve pharmacy-board referrals.
What are the penalties for meth possession in Los Angeles?
Simple meth possession (HS §11377) is a misdemeanor post-Prop 47 — up to 1 year county jail, diversion available. Meth possession-for-sale (HS §11378) is a felony carrying 16 months, 2, or 3 years state prison. Sales/transportation (HS §11379) carries 2, 3, or 4 years. Weight enhancements under HS §11370.4 can add 3–25 years for large quantities.
Can a drug conviction be expunged?
Most misdemeanor and probation-eligible felony drug convictions can be expunged under PC §1203.4 after successful probation. Cases resolved through PC §1000 diversion have no conviction to expunge — the case is dismissed and does not appear in most background checks. Cases resolved through Prop 36 (PC §1000.36) require additional steps but can also be sealed under PC §851.87.
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