What Are California's Laws on Drug Dealing?
California has several laws concerning drug dealing. To obtain a drug dealing conviction, the prosecutor must prove that the defendant sold, attempted to sell, or possessed with intent to sell something they knew was a controlled substance. Also, the defendant must have had a usable amount of the drug, meaning that someone could have ingested or consumed it but not necessarily that they could have been affected by it.
"Selling" is not limited to transactions involving money; it also includes exchanging drugs for services or anything of value.
Drug dealing statutes include the following:
- California Health and Safety Code § 11352: This law provides that it is illegal for any person to transport, import into California, sell, furnish, administer or give away Schedule I opiates, opium derivatives, depressants, substances with a cocaine base, peyote, mescaline, and tetrahydrocannabinol; Schedule II opium and opiates; Schedule III hallucinogenic substances; and Schedule III, IV, or V narcotic drugs.
- California Health and Safety Code § 11379: Under this statute, a person is prohibited from selling, transporting, importing into California, furnishing, or giving away Schedule III, IV, or V non-narcotic drugs (except ketamine); Schedule I hallucinogenic substances (with some exceptions); gamma-hydroxybutyric acid; fenethylline; N-ethylamphetamine; and phenylacetone.
- California Health and Safety Code § 11351: This law concerns possession for sale of Schedule I opiates, opium derivatives, depressants, mescaline, peyote, and tetrahydrocannabinol; Schedule II opium and opiates; Schedule III hallucinogenic substances; and Schedule III, IV, and V narcotic drugs.
- California Health and Safety Code § 11351.5: Under this statute, it is unlawful to possess for sale substances with a cocaine base.
- California Health and Safety Code § 11378: This law makes it illegal to possess for sale hallucinogenic substances (with some exceptions), gamma-hydroxybutyric acid, fenethylline, and N-ethylamphetamine.
- California Health and Safety Code § 11378.5: This law criminalizes possessing with intent to sell phencyclidine.
What Is Intent to Sell?
Most often, a person accused of drug dealing will be charged with possession with intent to sell.
California prosecutors will attempt to prove intent to sell through various evidence, such as:
- The defendant had large quantities of the drug
- The substance was packaged in separate baggies or bundles
- The defendant had large amounts of cash on or near them
- People were frequently coming from and going to the place where the defendant was allegedly selling drugs
How Long Can You Go to Jail for Dealing Drugs?
The penalties for drug dealing depend on the conduct and type of drug involved in the offense. Generally, drug dealing offenses are felonies, which means you will go to prison - not jail - upon a conviction.
Below are the potential punishments a California court can impose:
- Violation of California Health and Safety Code § 11352:
- 3, 4, or 5 years of imprisonment
- 3, 6, or 9 years of imprisonment when the offense crossed county lines
- Violation of California Health and Safety Code § 11379:
- 2, 3, or 4 years of imprisonment
- 3, 6, or 9 years of imprisonment when the offense crossed county lines
- Violation of California Health and Safety Code § 11351or 11351.5:
- 2, 3, or 4 years of imprisonment
- Violation of California Health and Safety Code § 11378:
- 16 months, or 2 or 3 years of imprisonment
A drug dealing conviction in Orange County can have profound effects on your life. Speak to our Orange County drug dealing attorneys at the Law Offices of Randy Collins to learn about your legal options for fighting your charge.
Schedule a Free Consultation with an Orange County Drug Dealing Lawyer
At the Law Offices of Randy Collins, our Orange County drug dealing attorney know the law and understand what it takes to beat criminal charges. Our Orange County drug lawyers are ready to leverage our knowledge and skills to seek a just outcome on your behalf.
For comprehensive and aggressive legal representation reach out to our Orange County drug dealing lawyers, contact us at (844) 524-4011.