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Contrary to popular belief, California does have drug laws that are quite strict. Given all of the recent press regarding medical marijuana, this may come as a surprise to many. What is important to understand about drug laws in California is that it is not permitted to sale or distribute any form of drug without a permit, regardless if the drug is marijuana. Particularly, if you set up a home in connection with the intent to sell or distribute drugs, you could be criminally liable if you are apprehended.
The statute that governs operating a drug house within the state of California is found in the California Health & Safety Code Section 11366 HSC. According to Section 11366 HSC, it has to be demonstrated that a defendant liable of operating a drug house opened and/or main anted a place and that the defendant maintained or opened the place with the intent to sell, donate or allow others to use a controlled substance or narcotic drug periodically at that residence. What is important to note is that it is not necessarily a violation of Section 11366 HSC to use drugs in one’s home even if it is on a regular basis. Furthermore, the first time that such an offense occurs does not necessarily make the person criminally liable until the drug use in the residence becomes periodic and there is an intent to distribute to others. In order to determine culpability under Section 11366 HSC prosecutors take into account and weigh in factors relating to the defendant’s criminal history and the relevant surrounding facts to the charges. If it is determined that a felony charge is necessary, a defendant can serve up to three years in prison. If the defendant is charged as a misdemeanor, then the defendant can spend a maximum of one year in jail and be subject to other conditions that are based on a judge’s potential recommendations.
If you are facing charges in connection with operating a drug house in the state of California, it is important that you take these charges seriously and retain legal counsel to represent you in order to have the best potential result possible for your case. Our firm specializes in dealing with charges in connection to drugs within the state of California. Particularly, our firm has a great deal of experience relating to the charges of operating a drug house relating to Section 11366 HSC.
What our firm typically recommends is that you arrange for a consultation appointment in order to assess the pertinent facts of your case and to ascertain whether we are able to assist you. By meeting with one of our associate attorneys, there will be a determination made as to whether your current case is an ideal fit for our firm at this time. Once that is decided in your favor and you decide to work with us, you will sign a retainer document to utilize our legal counsel for a set price. Thus, do not hesitate to meet with us to see if we can assist you with your upcoming legal matter. We would be elated to assist you in putting your best foot forward and ultimately, resolving your case successfully.