VISTA and San Diego Drug LAWYER

San Diego Drug Crimes Facts

Depending on the specifics of the crime, drug-related charges in California may be felonies or misdemeanors. Factors that affect the charges and severity of sentencing include the type of drug, the quantity, your criminal record, and the actual circumstances involved in the incident.

For example, suppose you had a loaded gun and a bag of cocaine. In that case, you could face a felony charge for possessing the firearm while in possession of drugs and criminal charges related to the cocaine itself.

Penalties for Drug Offenses

Penalties for California drug crimes may include fines, county jail or state prison, seizure of your assets (including cars and cash) under the state’s civil asset forfeiture laws, mandatory drug treatment, registration on the state’s narcotics offender list, loss of driver’s license, and probation. An experienced San Diego criminal defense attorney may be able to ensure you receive an alternative sentence, such as a diversion program or court-ordered community service, rather than being incarcerated.

In many cases, offenders may also face gang crime enhancements if the crime was performed on behalf of an organized crime syndicate. Many people also face child endangerment charges if children were present when the crime occurred or were somehow involved with the offense.

What are Treatment-Mandated Felonies?

This new class of crimes means those facing a third offense for possession or sale of hard drugs can face felony charges but will first be given the option to go through a diversion program involving drug and mental health treatment. Successful completion of the program would allow offenders to avoid criminal penalties and keep the charge from appearing on their records.

Anyone charged with subsequent drug convictions after completing a treatment-mandated felony program could still face jail or prison time on top of the drug and mental health program. Sentencing is at the judge’s discretion, but an attorney could help convince the court that treatment would be a better approach than punishment.

Health and Safety Code 11351 (HS): Possession With Intent to Sell

In California drug sales cases, the most crucial aspect is the intention of the person arrested. As any San Diego lawyer will tell you, state law doesn’t define a specific amount of drugs necessary for a possession offense to become possession with intent to sell. You should only face standard possession charges, not sales charges, if you have any quantity of drugs meant for personal use.

Possession for Personal Use Vs. With Intent to Sell

One of the most common defenses for those accused of possession for sale, 11351 (HS), is the argument that you purchased the drugs not intending to redistribute them but to get a bulk discount to make your drug habit more affordable. Claiming you did not intend to sell drugs but had them for personal use is beneficial because California drug possession laws allow those accused of simple possession to enter a drug diversion program, allowing them to keep the charge off their criminal record. On the other hand, those charged with drug sales under 11351 (HS) usually face felony charges.

While this defense sounds pretty basic, this strategy will become more challenging if the prosecution has evidence indicating you must have had the intent to sell because:

• The quantity is too much for personal use
• You were seen selling a controlled substance to someone else
• You have a previous drug sales conviction on your record

There are many reasonable explanations for many of these types of evidence. For example, you might need a scale if you buy personal quantities of controlled substances regularly or frequently ship items for work.

Anyone accused of this crime should immediately contact a skilled drug defense attorney. A lawyer will always encourage you to remain silent when facing these charges to ensure you do not say anything that may later hurt your defense.

Guns and Drugs Don’t Mix

It’s worth noting that carrying a gun and any amount of drugs in public is a distinct crime under the law, punishable by up to four years in prison. It doesn’t matter if the controlled substances were for sale, only that you had cocaine, methamphetamine, heroin, fentanyl, PCP, or a chemically similar drug such as crack.

Penalties for Drug Sales: 11351 (HS)

If you were caught in the process of selling or transporting a drug, you will almost always face felony charges under 11351 (HS), punishable by lengthy stays in state prison. The sentence may be increased in cases involving a notably high quantity of drugs —and the larger the quantity, the harder it is to argue that you had no intent to sell the substance. The penalties for drug sales with prior convictions for the same crime are particularly harsh and can result in lengthy prison terms.

While specific penalties vary based on the actual drug in question and the quantity, you will generally face a four-year prison sentence if you are convicted of drug possession for sale. Aside from being required to serve a prison sentence, fines, and probation period, it’s worth noting that any cash or property seized related to these types of drug crimes will also be subject to forfeiture.

When Users are Injured or Killed

As of 2025, when someone is convicted of selling or manufacturing fentanyl, heroin, PCP, methamphetamine, or cocaine, they will be warned that if someone dies after taking their drugs, they may be charged with murder.

If someone does die as a result of using one of the substances previously mentioned, the individuals responsible for dealing and manufacturing it could face murder charges. Similarly, dealers and manufacturers could face additional penalties if someone suffers significant bodily injury after using their products. In either case, if a defendant was given a warning after a previous conviction, this could be used as evidence that they were aware of the consequences of their actions.

These consequences. are no laughing matter, given that there were over 6,600 ER visits and 1,200 overdose deaths in San Diego County in 2023. More locally, sheriffs in Vista responded to over 200 incidents in 2022 and 2023.

Possession of Drug Paraphernalia Laws in California: 11364(a) (HS)

One of the ways California works to keep illegal drugs off the streets is not only to illegalize the substances themselves but also to make it unlawful to own items used with controlled substances. Possession of drug paraphernalia is illegal under California Health and Safety Code 11364(a) (HS). This misdemeanor is punishable by up to six months in jail and $1,000 in fines.

Unfortunately, this law is quite complex because few items are used exclusively with controlled substances. Anything from a pipe to a syringe to a spoon can be considered paraphernalia in a particular context. Anyone accused of possessing paraphernalia in California should immediately contact an attorney before answering any police questions.

Drug Paraphernalia Laws in Depend on Circumstances

Anyone who entered a smoke shop in California before marijuana was legalized in 2016 probably remembers the stores having signs warning visitors not to use language related to the use of marijuana, or they would be asked to leave the store. For example, if you called a tobacco water pipe a “bong,” you could get in trouble. While most people buying items from these stores were buying them for use with marijuana, the stores could not legally sell drug paraphernalia.

Rules relating to marijuana products have become less strict over the last decade since California has legalized marijuana use. However, because paraphernalia related to marijuana use is still illegal nationally, many stores still try to protect themselves.

Similarly, you can be arrested and charged for possessing something as innocent as a spoon or a belt if police believe you used it to shoot heroin. Obviously, you can’t just be charged for owning a spoon or belt, so these cases can get rather complex, which is why you should always fight such accusations with the help of a San Diego paraphernalia lawyer.