
VISTA and San Diego Drug LAWYER
San Diego and Vista drug defense attorney Peter M. Liss can help you if you have been accused of any drug charge involving the use, possession, transportation, or sale of any controlled substance. He has personally defended hundreds of individuals in San Diego County arrested and charged with drug offenses, including drug possession of a controlled substance, possession with intent to sell (drug sales), manufacturing, cultivation, drug trafficking, driving under the influence of drugs (DUID), doctor shopping (prescription fraud), and paraphernalia possession.
Please call the Office of Peter Liss today if you need a drug offense lawyer for any illegal activity involving controlled substances, such as:
- Marijuana
- Fentanyl
- Cocaine
- Oxycontin
- Date Rape Drugs
- Designer Drugs
- Prescription Drugs
- LSD
He guarantees all his clients receive top-quality representation for a reasonable fee, and he accepts all major credit cards. Call today for a free consultation.
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.
Drug Possession Charges in Vista and North County


In most cases, simple possession of a controlled substance is a misdemeanor drug crime charged under California Health and Safety Code 11350 (HS). Some substances (including meth, but also ketamine, GHB, and anabolic steroids) are instead covered by 11377 (HS), which has similar penalties. Small amounts of marijuana are entirely legal for adults to possess.
What is the Penalty for Drug Possession in California?
California allows the majority of people accused of simple drug possession to qualify for a drug diversion program that enables them to avoid jail time and keep the offense off of their criminal record. Unfortunately, some people cannot benefit from the reduced penalties applied under Proposition 47. Those ineligible for a diversion program include:
- Registered sex offenders
- Those with prior convictions for serious violent crimes
- Individuals with a prior drug crime conviction within the last 5 years
- Anyone with two or more prior convictions for possession or sales
For most of those ineligible for a drug diversion program, charges under 11350 (HS) are usually misdemeanors, punishable by no more than one year in prison. While prosecutors can technically file these charges as felonies, punishable by up to three years in prison, this is rare. There is an exception for those who have two or more convictions for sales or possession of a controlled substance, who will face treatment-mandated felonies instead.
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.
Drug Cultivation and Manufacturing: 11278 (HS) and 11379.6 (HS)


One of the most serious drug crimes is the production or cultivation of drugs, covered by the California Health and Safety Codes 11278 (HS) and 11379.6 (HS). These crimes are punished more severely because they involve creating drugs to sell on the market, many of which are dangerous to use and to produce due to toxic ingredients that are often potentially explosive substances. These charges are always felonies, so anyone accused of these crimes should contact a top drug manufacturing lawyer as soon as possible.
What is Drug Manufacturing?
The making of a controlled substance is known as drug manufacturing. The best-known type of drug creation involves using a laboratory to create crystal meth. However, this crime also covers synthesizing heroin, ecstasy, PCP, crack, LSD, and even some marijuana concentrates, such as wax, if the production utilizes toxic chemicals such as butane.
You can be accused of making drugs if you were involved in any part of the process, including sourcing and collecting ingredients, producing the product, or packaging it.


What is Cultivation?
Cultivation is similar, but it involves growing an illegal drug, which may include opium poppies and “magic” mushrooms. Growing large amounts of marijuana is also considered cultivation, but this is a lesser crime since California legalized marijuana in 2018.
Penalties for Manufacturing in CA
Manufacturing is one of the most serious drug crimes in California as it not only adds drugs to the streets but also often involves dangerous and volatile chemicals that threaten the health and safety of the public. In addition, this crime also often brings violence to areas where it occurs because it is frequently controlled by dangerous drug cartels and gangs.
These criminal charges carry a prison sentence of up to 7 years and a maximum fine of up to $50,000. While there is no diversion program to keep these charges off your record (like there is for drug possession charges), you may be sentenced to probation instead of prison. More serious penalties may apply if someone suffers great bodily injury or dies after taking substances you manufactured.
When drug production involves marijuana concentrates or plants, the charges will generally be misdemeanors since this drug is legal under state law. But it is important to remember that you can still be charged at a federal level and that if any toxic chemicals were used in the production of concentrates, you can still face felony charges even in California. It’s worth mentioning that the courts take marijuana butane wax labs seriously because of the risk of the lab exploding.
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.
Defenses to Drug Crimes in San Diego
Your best defense to a drug crime allegation will vary dramatically based on the type of offense and your specific situation. Your attorney should help you determine the most robust defense for your situation, which may include your innocence, illegal search and seizure, circumstantial evidence, insufficient evidence, having a valid prescription, lack of knowledge or intent, and more.


Illegal Search and Seizure
Like any other type of crime involving the search and seizure of personal property, it is sometimes possible to fight this charge by arguing that the law enforcement officers who searched your property violated your 4th Amendment rights. In this case, your defense lawyer might argue that prosecutors cannot use evidence related to the illegal search against you, making it nearly impossible for the district attorney to secure a drug sales conviction against you.
Circumstantial Evidence
In many San Diego drug crime cases, the available evidence is largely circumstantial, and the prosecution lacks sufficient evidence to prove the charges. For example, it is common for those suspected of drug production to be caught with chemicals used to create a substance such as methamphetamine, but no other evidence indicates that they intended to make drugs. When this happens, the prosecution may be unable to prove that the suspect was going to make a controlled substance.
This defense requires a good San Diego drug manufacturing lawyer because it is easy to say something that may harm your case. Similarly, if any of these ingredients are illegal to own without a valid license, you could be charged with possessing these substances. For example, it is unlawful to have large quantities of pseudoephedrine, which is used to make meth.
Insufficient Evidence
It is up to the prosecution to prove your guilt beyond a reasonable doubt. If the DA doesn’t have enough evidence, then you should be able to win your case.
For example, in a drug paraphernalia case, the prosecution must show that you were in control of the paraphernalia, that you knew it was in your possession, and that it was intended to be used with drugs. If you gave someone a ride and they left a tiny spoon covered in cocaine residue in your car without your knowledge, you cannot be convicted of this crime.
You Had a Valid Prescription
If the drug in question was prescribed to you as a valid medication, then you should be cleared of any possession charges, though you can still be charged with sales charges even with a valid prescription. Drugs that may be legally prescribed by a doctor, psychiatrist, or dentist include substances such as Fentanyl, Ritalin, and even cocaine (though prescriptions for this drug are rare).
This defense can work in doctor shopping cases if you can show it was written for a legitimate purpose, although this does not apply in all situations, such as those where a suspect has prescriptions from multiple doctors.
Lack of Knowledge or Intent
Most drug crimes require the prosecution to prove you knew about the substance, and many also require they establish your intent, for example, in sales or trafficking charges. Claiming you’re an unwitting accomplice can be a strong criminal defense. As an example, if you are roommates with someone who sells drugs and you don’t know it, you are not guilty of sales or possession.
Negotiating a Plea Bargain
If the charges can’t be fully fought or dropped, your lawyer may negotiate a plea bargain so you can be charged with a lesser crime such as possession. Reduced charges may even leave you eligible to participate in a diversion program so you will end up with a clean criminal record.
How to Contact Attorney Peter Liss
For skilled IMMEDIATE help with any type of drug crimes in Vista or the rest of San Diego County, call lawyer Peter M. Liss:
Call 24/7, any time, any day. I can help you.