California Health and Safety Code Section 11366 HSC: Operating A Drug House
Anyone in California who is found to be operating a drug house of any kind will be charged under the Health and Safety Code 11366. Other charges that are often combined with operating a drug house include possession of a controlled substance or the sale and transportation of a controlled substance. Operating a drug house does have a few different elements associated with the crime that set it apart from the sale or possession of drugs. In some cases, a henderson marijuana dispensary can be prosecuted for acting as a drug house if the proper precautions and security measures aren’t in place.
In order to be charged with operating a drug house, you must open or maintain a place and have an intent to sell or give away drugs on your own accord or allow someone else to sell or give away drugs in the home. Another component to consider is that you allow someone to use drugs at what is considered the drug house instead of selling drugs. A drug house could be an apartment or house as this is what most people think of when they hear about anything involving a drug house. However, it could also be a hotel or motel room as well as a car as long as it’s a location where you can sell drugs. The only time that you will be charged with operating a drug house is when you allow other people to use or sell drugs in the home or if you offer a way for others to come inside to conduct any kind of drug transaction. If you use drugs in your home for your own pleasure, then you would not be charged with operating a drug house.
There are a few defenses that an attorney can use when you go to court in order to have the charges dismissed or to have the sentence received lowered to no jail time or a shorter time in jail if that is the sentence delivered by the judge. One of the common defenses is that the drugs found were for personal use. Another defense would be that you didn’t know that there were drugs in the home. With this defense, you would need to demonstrate that you did not know who was entering your home or what kind of background the people had regarding drug activity. If the drugs were not yours, then there is a possibility to have your charges dismissed or sentence lowered if you offer the names of the people who could be responsible for the drugs.
Your lawyer could demonstrate that people only used drugs one or two times in your home either with or without your knowledge. A common defense that is often used if the drugs were, in fact, yours and that they were being sold is that the evidence was obtained during an illegal search and seizure. Even if you were operating a drug house, law enforcement still has to obtain evidence in a legal manner. If your rights were violated, then this could present an issue for the prosecution, which could mean that your charges are dismissed.
When your attorney begins to examine the charges and evidence presented, one of the successful ways to have the charges dismissed is to claim that there is no sufficient evidence to show that the drugs were yours in the first place. While in court, the prosecutor has to be able to show that the drugs were used by other people aside from the defendant and that selling drugs from the home took place on a regular basis instead of only once or twice. Operating a drug house can be considered a misdemeanor or a felony depending on the number of drugs involved and your criminal history. Most jail sentences range from one year to 16 months with fines ranging from up to $1,000 for a misdemeanor to as much as $10,000 for a felony charge.