There has been a rise of synthetic drug use. According to California law, it is prohibited to sale synthetic or designer drugs. Within the past few years, California has seen problems that arise from synthetic drug use. In April of 2016, 35 overdoses were reported in California due to synthetic drugs. These drugs may include synthetic stimulants and cannabis. Under California law, the sale of synthetic drugs is a misdemeanor under the following codes:
California Health and Safety Code 11357.5: The sale of synthetic cannabis
California Health and Safety Code 11375.5: The sale of synthetic marijuana
The California Health and Safety Code 11375.5 and 11357.5 state that it is illegal to sell, dispense, furnish, distribute, administer, and possess for sale any synthetic drugs. Simple possession of synthetic drugs, which are in an individual’s possession for personal use, is not illegal under California law. However, possession of synthetic drugs is illegal under federal laws.
The Drug Enforcement Agency (DEA) has seen a rise in the manufacturing of synthetic drugs over the past few years. Many of these drugs are made in illegal labs and sold in gas stations, on the Internet, and smoke shops. These drugs are usually sold in packages that are advertised as a safe alternative to dangerous drugs. However, many synthetic drugs are marketed with a disclaimer that states “not intended for human consumption,” which is to protect distributers being sued.
federal Law: Possession of Synthetic Drugs
According to United States Code 811.22, synthetic cannabinoids and stimulants are illegal through the Controlled Substances Act.
The difference between the Controlled Substance Act and California law regarding synthetic drugs is that the Controlled Substance Act makes possession of synthetic drugs for personal use illegal. If an individual is charged with possession for personal use, he or she can face the following penalties:
A minimum fine of $1,000.
One year in a federal prison.
If an individual is charged with possession with intent to sell, which is known as trafficking, then he or she will be charged with a felony and could face:
A maximum fine of $1,000,000.
A maximum sentence of twenty years in federal prison.
The federal law on synthetic drugs also includes any any drug offense that takes place on property that is federally owned in California. These properties can include:
Defense Against Synthetic Drug Charges
federal and state laws regarding synthetic drugs are complicated, and there are a variety of circumstances that can have an impact on what kind of case a prosecutor will use in court. If an individual who has been charged for a synthetic drug crime does not have a defense attorney who has experience in these cases, then he or she is at an increased risk for facing maximum sentences and fines. An experienced attorney has the ability to investigate synthetic drug cases and build a solid defense for his or her clients. There are many circumstance where a skilled attorney can prove there is not a valid reason to prosecute under the law, and these synthetic drug cases are often dismissed.
Although synthetic drugs can be hazardous to an individual’s health, there are many factors that make every synthetic drug case unique. At times people can be misguided by others, or there are those who were attempting to find a legal way to use drugs. These individuals should get help from a legal team who has experience handling synthetic drug cases. For those who are facing synthetic drug charges, receiving help from the best legal counsel in Los Angeles is vital.
If you move drugs from one location to another, you can be charged with sale and transportation in California. It doesn’t matter how far you move them or how you move them. If you are transporting drugs with the intent to sell them, you can be found guilty of this crime. Whether you walk from one car to another or carry them on a bike, you may be facing jail time for this offense. Understanding sale and transporation is the best way to avoid a prison sentence.
Criteria for Sale and Transportation
First, you must have been found to have the drugs in your possession. They must be a controlled substance or narcotic. You must be aware that you had the drugs in your possession, and you must also be aware that they are a controlled substance. The drugs must actually move from one place to another. So if you are carrying methamphetamine in your bag and are stopped by the police, you can be charged with sale and transportation.
You can be charged with sale and transportation even if you had intended to simply use the drugs yourself.
Defenses to Sale and Transportation
One of the main defenses to this crime is that the subtance was prescribed by a doctor legally. This is often the case with pain medication. Even if you have a higher than legal dose of medication, you can be found not guilty. If you are carrying a large amount of pain medication on your person, you may be able to convince the judge that the drugs were prescribed to you for personal pain relief.
Another defense is that you did not transport the drugs. If you were simply sitting on a park bench with the drugs, your attorney can argue that you should be found not guilty of the transportation charge.
Finally, if you think that you were a victim of entrapment, you can use that in court to fight your case. If the police come to you and encourage you to sell or transport drugs, you may be found not guilty of the charge. This is a common defense when there are undercover narcotics agents involved in your arrest.
Penalties for Sale and Transportation in Los Angeles
The penalties for sale and transportation of drugs in California are harsh. If this is your first offense, you may be ordered to serve one year in county jail as well as a term of 3-5 years of probation. You may be facing between three and nine years in prison if convicted. This offense is a felony, but will not count as a “strike” against you. You will also have to pay fines of up to $20,000 if the judge decides to add those on as well. At minimum, you may have to perform hours of community service.
Drug offenses are serious charges in the state of California. You can face a permanent criminal record, decreased job opportunities and the loss of your freedom. Fines can be hefty and take years to pay off. The best way to beat this case is to hire an experienced, aggressive and knowledgeable attorney who understands the law.
Your attorney can challenge the evidence presented against you. They can convince the jury that the arrest was illegal or that the evidence was not obtained legally. They will challenge eyewitnesses and pick apart testimony from prosecution witnesses. Your lawyer will not stop fighting until you have the best possible outcome in your case.
Don’t wait to find an attorney. If you have been arrested for sale and transportation, you have a limited time to prepare. Call your skilled attorney today.
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