CALIFORNIA CRIMINAL LAWYERS

Los Angeles Sales of Synthetic Drugs

Rise of Synthetic Drug Use and Its Legal Implications in California and the US

Over the past few years, there has been a steady increase in the use of synthetic drugs, which has led to various problems in California. In April 2016, California reported 35 overdoses due to synthetic drug use. The state has also made it illegal to sell or purchase any form of synthetic or designer drugs, which includes synthetic stimulants and cannabis. The sale of synthetic drugs in California is a misdemeanor punishable under California Health and Safety Code 11357.5 for synthetic cannabis and California Health and Safety Code 11375.5 for synthetic marijuana.

Under the law, it is illegal to sell, distribute, administer, and possess any form of synthetic drugs for sale. Possession of such an item for personal use is not illegal under California law, though possession of synthetic drugs is illegal under federal laws. Synthetic drugs are usually manufactured in illegal labs and sold in gas stations, smoke shops, and on the internet. Such drugs are often marketed as a safe alternative to dangerous drugs but with disclaimers that they are not intended for human consumption.

Federal law, under the Controlled Substances Act, prohibits the possession of synthetic cannabinoids and stimulants. The law also makes possession of synthetic drugs for personal use illegal. If an individual is found guilty of possession of synthetic drugs, they may face a minimum fine of $1,000 and one year in a federal prison. For possession with intent to sell or trafficking, which is a felony charge, convicted individuals could face up to $1,000,000 in fines and a maximum sentence of twenty years in federal prison.

The federal law further stipulates that any drug offense occurring on federal property in California, which includes interstate airports, post offices, federal assisted housing, national parks, federal courthouses, and federal buildings, is punishable by law.

Defense Against Synthetic Drug Charges

Both federal and state laws concerning synthetic drugs are complicated and have varying factors that can impact the type of charge applied in a court of law. Individuals facing synthetic drug charges must have an attorney with experience in synthetic drug cases to avoid maximum sentences and fines. Such an attorney can investigate the case and build a formidable defense based on the unique factors within each case. A seasoned attorney can find plausible defenses to oppose a prosecutor’s case, often leading to the dismissal of synthetic drug charges.

Although synthetic drugs can be harmful to an individual’s health, there are times when people are misguided or seek to use drugs in a legal manner. Such individuals must obtain legal help from an experienced attorney handling synthetic drug cases. Those facing charges must get the legal representation available in Los Angeles.

Synthetic Drug Laws in California vs. the US

Synthetic drug laws in California differ slightly from those at the federal level. California Health and Safety Code 11357.5 and 11375.5 bans sales, distribution, and administration of synthetic cannabis and marijuana. Any form of possession of synthetic drugs, for sale, dispensing, or administration, is prohibited under California law. In contrast, the Controlled Substances Act makes it illegal to possess and distribute synthetic cannabinoids and stimulants in the US.

Table 1: Synthetic Drug Laws in California vs. the US
| State | Law | Prohibition |
| ——– | ———————————————————- | —————————– |
| California| California Health and Safety Code 11357.5 and 11375.5 | Sales, distribution, possession|
| Federal | Controlled Substances Act | Possession and distribution |

While California law holds simple possession of synthetic drugs for personal use legal, the same act is illegal under federal law. California makes it illegal to possess and distribute, and under the Controlled Substances Act, possession and distribution of synthetic drugs are prohibited in the US. The federal law also makes possession for personal use, which is legal under California law, illegal.

Table 2: Synthetic Drug Law in California and the US
| State | Law | Prohibition or failure to Prohibition |
| ——– | ———————————————————- | ——————— |
| California| Allows simple possession of synthetic drugs for personal use| Failure to prohibit possession and personal use |
| Federal | Controlled Substances Act | Prohibits possession in any form |

In conclusion, synthetic drug use is on the rise in California and the United States, leading to various legal implications. California law prohibits the sale of synthetic marijuana and cannabis while illegal at the federal level. While California law allows simple possession of synthetic drugs for personal use, under federal law, it is illegal in any form. Anyone facing a synthetic drug charge must seek legal representation to avoid maximum penalties and fines.