Marin County Drug Trafficking Attorney

Drug trafficking refers to the illegal transport, import, and/or sale of drugs. According to California Health and Safety Code, Section 11379, “every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any controlled substance . . . shall be punished by imprisonment.” In addition, California Health and Safety Code, Section 11352 prohibits the sale and movement of drugs by any means – including by foot, on a bicycle, or in any kind of vehicle.
Basically, Section 11352 means that the transport and/or sale of even a relatively small amount of drugs could potentially be charged as a felony offense.

When it comes to drug trafficking, it is important to remember that it is not exclusively a state-based crime. In fact, drug trafficking is considered illegal at the federal level pursuant to 21 U.S.C. § 841. This federal statute states that it is unlawful for someone to knowingly or intentionally “manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.”

This means drug trafficking could be charged as a state or federal crime, depending on the situation. If, for example, someone is alleged to be transporting illegal drugs within the state of California and does not cross state lines, then California law will generally apply. However, if someone is alleged to be moving illegal drugs across state lines or to another country, then federal law will generally apply. If federal law applies, there are generally much harsher penalties associated with a drug trafficking conviction.

If you are charged with either a state drug distribution charges or federal drug trafficking charges, it is strongly recommended you retain the services of an experienced and knowledgeable drug lawyer in Marin County.

Under California law, it is generally illegal to be in possession of a controlled substance like heroin or cocaine. In addition, being in possession of prescription drugs absent a proper prescription can result in criminal charges.

However, it is worth noting that, with the passage of Proposition 47, being found in possession of a controlled substance is generally a misdemeanor offense in California. Yes, a misdemeanor offense is generally less serious than a felony offense. Nevertheless, the punishment for a misdemeanor drug possession charge can still carry long-term consequences. For example, even under the auspices of Proposition 47, you could be sentenced to serve up to a year in prison, depending on the amount and type of controlled substance.

Since 2018, recreational use of cannabis has generally been considered legal in California. However, the use of cannabis is not always allowed. There is no blanket approval in California to use or possess cannabis anywhere and at any time. In fact, there are specific rules and regulations associated with cannabis use. For example, you must be age 21 or older to have, purchase, or use recreational cannabis (including smoking, vaping, and consuming cannabis-infused products).

If you are age 18 and found to be in possession of up to 28.5 grams of cannabis (or eight grams of hashish), then you could be ordered to engage in 6 hours of counseling and be ordered to serve up to 20 hours of community service. You could also be ordered to pay a fine of $100 (if you are between the ages of 18 and 21)

If you are younger than age 18 and possess up to 28.5 grams of cannabis (or eight grams of concentrated cannabis), then you could be ordered to engage in 10 hours of counseling and be ordered to serve up to 60 hours of community service.

If you are found to be in possession of more cannabis than the amounts described above, the penalties are even more severe. You could actually be ordered to serve up to six months in a county jail and/or pay a fine of $500. In addition, if you are found to be in possession of more than 28.5 grams of cannabis (or eight grams of hashish) while on school grounds during school hours, you could be ordered to pay a fine of up to $500. You could also be ordered to spend up to 10 days in a county jail.

Someone can be charged with a felony for alleged drug trafficking if the circumstances include the alleged sale and/or transport of illegal narcotics combined with the actual intent to sell or transport the illegal narcotics. In addition, simply being found in possession of a significant quantity of illegal narcotics can serve as a basis to charge someone with a felony.

A felony drug offense, whether drug trafficking or drug possession, can have life-altering consequences. If convicted, you will likely be ordered to serve a multi-year term in jail and pay large fines, among other penalties. In addition, a felony conviction means you could lose rights afforded under the U.S. Constitution (e.g., the inability to vote and the inability to serve on a California jury).

Generally, the transfer of controlled substances is charged as a felony offense. Nevertheless, depending on your specific circumstances (e.g., no priors, clean record, etc.), it is possible to have a first time offender drug trafficking charge as a misdemeanor offense. If convicted of misdemeanor drug trafficking, you could be looking at probation or having to serve up to one year in county jail.

Repeat Drug Trafficking Charges

Someone charged with a repeat drug trafficking offense is likely to confront the prospect of serious, potentially life-altering penalties. If convicted, a repeat offender will likely be ordered to serve a multi-year term in jail and pay a large monetary fine (i.e., tens of thousands of dollars). This is because a repeat offense is considered an “aggravating factor” under California law, which gives the government the authority to augment the penalties if convicted. 

Pursuant to 21 U.S.C.  Section 841, it is a violation of federal law to knowingly and intentionally engage in the manufacture and/or distribution of illegal narcotics. In addition, it is a violation of federal law to be found in possession of illegal narcotics coupled with intent to manufacture, distribute, or dispense the controlled substance(s).

To be convicted of a federal drug trafficking charge, the government must prove, beyond a reasonable doubt, that someone possessed the specific intent to traffic illegal narcotics. This means if you can show that you have no knowledge or intent to transport drugs, you cannot be convicted of federal drug trafficking.