Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Drug Crimes

Drug cases have been aggressively pursued by federal, state, and local law enforcement in California since the ill-conceived “war on drugs” began. Despite California’s legalization of marijuana and decriminalization of some drug possession offenses, the majority of people arrested for drug charges are minor players or innocent people caught in the crossfire.

San Diego Attorney for Drug Crimes

Even if the police appear to be understanding, know that they are not on your side. Law enforcement can and will prosecute you for recreational or dependent drug use, and even for being associated with known drug dealers. If you or someone you know has been charged with a drug charge, you need to contact an experienced criminal defense attorney immediately.

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every manner of crime, and is ready to build your case against any drug charge. Law Offices of Michael E. Cindrich, APC serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, and El Cajo, including San Diego proper.

Contact Law Offices of Michael E. Cindrich, APC today for a free, confidential consultation at (619) 262-2500.

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Illegal Drugs Commonly Prosecuted in California

The illegal use of drugs, even drugs that might be otherwise legally prescribed, can come with harsh penalties. Many prescription drug crimes involve using fraud or deceit to get a prescription or forging or altering a prescription.

The most commonly prosecuted narcotics crimes in California involve either illegal street drugs or the abuse of prescription medications including:

  • Fentanyl
  • Methamphetamine
  • Cocaine
  • MDMA/Ecstasy
  • Heroin
  • Vicodin
  • Xanax
  • Norco
  • Promethazine and Codeine
  • Suboxone
  • Lysergic acid diethylamide (LSD)
  • Psilocybin (mushrooms)

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Types of Drug-Related Criminal Offenses in California

Law Offices of Michael E. Cindrich, APC defends people accused of drug-related criminal charges in California, including each the following:

Possession with Intent to Sell – Possession with intent to sell involves having a controlled substance along with evidence suggesting it was meant for distribution rather than personal use. California prosecutors rely on factors such as quantity, packaging materials, scales, cash, communications, and prior conduct to establish intent. These charges carry significantly harsher penalties than simple possession and may be filed as felonies with exposure to state prison time.

Manufacturing of Drugs – Manufacturing drug offenses involve producing, preparing, or processing controlled substances, including chemical synthesis, cultivation, or extraction. Under California law, manufacturing charges may apply even when the process is incomplete or no finished product is recovered. These cases often involve search warrants, hazardous materials issues, and enhanced penalties due to environmental or safety risks.

Drug Trafficking, Distribution – Drug trafficking and distribution offenses involve the transportation, sale, or movement of controlled substances across cities, counties, state lines, or international borders. These cases frequently involve undercover operations, wiretaps, confidential informants, and large-scale investigations. Penalties increase based on the type and quantity of drugs involved and may include mandatory minimum sentences.

Driving Under The Influence of a Controlled Substance – Driving under the influence of a controlled substance occurs when drugs impair a person’s ability to safely operate a vehicle. Unlike alcohol DUI cases, drug DUI prosecutions often rely on officer observations, field sobriety tests, blood tests, and expert testimony rather than a specific numerical threshold. Prescription medications, illegal drugs, or a combination of substances may form the basis for charges.

Federal Drug Offenses – Federal drug offenses are prosecuted under United States Code and typically involve large quantities of controlled substances, interstate activity, organized operations, or federal investigations. These cases carry severe penalties, including lengthy prison sentences and mandatory minimums, and are handled in federal court. Federal prosecutors often pursue charges when alleged conduct crosses state lines or involves federal agencies.

Federal Marijuana Offenses – Despite legalization under California law, marijuana remains illegal under federal law. Federal marijuana offenses may involve large-scale cultivation, distribution, trafficking, or activity on federal land. These cases may arise even when conduct appears lawful under state law and can result in serious federal penalties.

Possession of Drug Paraphernalia – Possession of drug paraphernalia involves having items used to ingest, prepare, package, or conceal controlled substances. Common examples include pipes, syringes, scales, and packaging materials. While often charged as a misdemeanor, paraphernalia cases are frequently filed alongside more serious drug charges and may rely heavily on officer interpretation and context.

Prescription Drug Offenses – Prescription drug offenses include possessing, using, selling, or obtaining prescription medications without a valid prescription or through fraud. These cases often involve opioids, stimulants, or sedatives and may include allegations of prescription forgery, doctor shopping, or unlawful distribution. Penalties vary depending on the drug involved and the alleged conduct.

Synthetic Drugs – Synthetic drug offenses involve substances that are chemically manufactured to mimic the effects of controlled substances, such as synthetic cannabinoids or synthetic stimulants. Under California law, these cases often present complex legal issues because the chemical composition of the substance may change frequently to avoid regulation. Charges may involve possession, sale, or manufacturing, and prosecutions often rely heavily on laboratory analysis and expert testimony to establish whether the substance qualifies as illegal under current statutes.

Sale of Imitation Controlled Substances – The sale of imitation or counterfeit controlled substances is illegal under California law, even when the substance sold is not actually a prohibited drug. These cases typically involve selling or offering a substance represented to be a controlled drug, such as fake narcotics or look-alike pills. Prosecutors focus on the intent to deceive and the representations made during the transaction, and convictions may result in jail time, fines, and long-term criminal consequences.

Possession of a Controlled Substance – 11350 H

Under Health & Safety Code 11350, California law makes it a crime to possess narcotics including prescription drugs (Codeine or Vicodin) or street drugs (cocaine, heroin, ecstasy, ketamine, GHB).

In California, the crime of possession of a controlled substance comes with up to three years California state prison. To avoid prison, many people accused of possession of a controlled substance are eligible Proposition 36 or PC 1000 drug diversion.

Beginning in November of 2014, Proposition 47 changed HS 11350 from a felony to a misdemeanor. A person previously convicted of possession of a controlled substance as a felony, might be eligible for re-sentencing under Proposition 47 to a misdemeanor.

Possession of a Controlled Substance while Armed – Possession of a controlled substance while armed involves having illegal drugs in one’s possession while also having access to a firearm or other weapon. California law treats these cases more seriously due to the increased risk of violence, and enhanced penalties may apply even if the weapon was not used or displayed. Prosecutors often rely on circumstantial evidence to argue a connection between the weapon and the alleged drug offense, making these cases highly fact-specific.

Possession for Sale of Narcotics – 11351 HS

Under Health & Safety Code 11351, California law makes it a felony to possess illegal drugs for the purpose of selling the substance. The crime of possession for sale of narcotics does not qualify for Proposition 36 or PC 1000 drug diversion.

Various factors are used to determine whether the drugs were possessed for the purpose of sales including:

  • quantity of the drugs
  • whether the drugs were packaged in several separate baggies or bindles;
  • the presence of scales to weight the drugs;
  • the presence of weapons and/or large sums of cash.

This type of circumstantial evidence can lead to many innocent people get accused of HS 11351 when the drugs were only possessed for personal use.

Sale or Transportation of a Controlled Substance – 11352 HS

Under Health & Safety Code 11352, California law makes it a felony to sell, furnish, administer, give away, transport or import an illegal narcotic into the State of California.

Criminal charges for HS 11352 often arise out of undercover sting operations in which undercover officers engage in a setup for a “controlled buy.”

During these undercover sting operations, officers often violate California’s prohibitions against entrapment. In those cases, the entrapment defense can be raised at trial or before trial.

Possession of Methamphetamine – 11377 HS

Under Health & Safety Code 11377, California law makes it a crime to possess methamphetamine. On the street, methamphetamine is also known as speed, crystal meth or meth.

Under the provisions of Proposition 47, crimes for the possession of methamphetamine can be filed as a misdemeanor.

If you are accused of possession with the intent to sell, sale or delivery, transportation or manufacturing of methamphetamine, the crime is charged as a felony and punishable by time in prison.

Manufacturing Drugs & Narcotics – 11379.6 HS

Under Health & Safety Code 11379.6 HS, California law makes it a felony to manufacture, process, compound, or produce any controlled substance.

In most cases, the prosecutor must show proof that the defendant began the process of manufacturing the drugs. In other words, only showing that a person merely gathered supplies or began preparations to manufacture drugs would not be sufficient.

A conviction for HS 11379.6 comes with penalties of up to seven (7) years in California state prison. The sentence can be more severe if large volumes of drugs are found, minor children are found near the processing location, or anyone is injured or killed in the process of manufacturing the drugs.

Cultivation of Peyote – 11363 HS

Under Health & Safety Code 11363 HS, California law makes it a crime to plant, process, harvest or cultivate peyote. The drug of peyote is often used in Native American religious ceremonies as a hallucinogenic drug. The crime of cultivating peyote can be charged as either a misdemeanor or a felony.

Being Under the Influence of a Controlled Substance – 11550 HS

Under Health & Safety Code 11550 HS, California law makes it a misdemeanor to “use” or “be under the influence of” a controlled substance including street drugs (GHB, ecstasy, methamphetamine, cocaine, heroin or ecstasy) or prescription drugs (Valium or Xanax).

Anyone convicted of HS 11550 faces up to one (1) year in county jail, although many people charged with this crime are eligible for for Proposition 36 or drug diversion under

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Eligibility for Probation in Drug Crime Cases in California

In some types of drug crime cases, the court is prohibited from granting probation to or suspending the imposition of a sentence for any person convicted of certain types of drug offenses, if the person has previously been convicted of one of several specified drug offenses. (Health & Saf. Code, §11370, subd. (a).)

For example, California law prohibits the court from granting probation to or suspending the imposition of the sentence for any person convicted of any of the following offenses:

  • Possession for sale, selling, or offering to sell cocaine base, cocaine, or methamphetamine, and who has one or more prior drug offense convictions, as specified. (Pen. Code, § 1203.07, subd. (a).)
  • Possession of piperidine, pyrrolidine, or morpholine, and cyclohexanone, with intent to manufacture phencyclidine or any of its analogs.
  • Using a minor as an agent or who solicits, induces, encourages, or intimidates a minor with the intent that the minor be in possession of PCP for sale, sells, distributes, or transports PCP, or manufactures PCP or any of its analogs or precursors.
  • Using, soliciting, inducing, encouraging, or intimidating a minor to act as an agent to manufacture, compound, or sell any controlled substance, as specified.
  • Manufacturing or offering to perform an act involving the manufacture of PCP or any of its analogs or precursors.
  • Selling or offering to sell PCP or any of its analogs or precursors.
  • Transporting for sale, importing for sale, or administering, or offering to transport for sale, import for sale, or administer, or by attempting to import for sale or transport for sale, PCP or any of its analogs or precursors.
  • Possession for sale of 14.25 grams or more of any salt or solution of phencyclidine (PCP) or any of its analogs, as specified, or any of the precursors of PCP.
  • Possession of heroin for sale or offering to sell heroin, and who has one or more prior convictions for either offense.
  • Selling or offering to sell 14.25 grams or more of a substance containing heroin.
  • Possession for sale of 14.25 grams or more of a substance containing heroin.

Existing law requires the existence of any fact which makes the defendant ineligible for probation to be alleged in the charging document, and either admitted by the defendant or found to be true by the trier of fact. (Pen. Code, § 1203.07, subd. (b).)

Additionally, California law restricts the court’s ability to put a person on probation, except in an unusual case where the interests of justice would be served, when a defendant is convicted of the following drug crimes:

  • Manufacturing, or offering or arranging to sell, furnish, transport, administer, or give any methamphetamine, or possession of its precursor chemicals, with one or more specified prior convictions involving methamphetamine. (Pen. Code, § 1203.073, subds. (a) & (b).)
  • Using, soliciting, inducing, encouraging, or intimidating a minor to manufacture, compound, or sell heroin, cocaine base, cocaine, or methamphetamine.
  • Manufacture of specified controlled substances, except PCP.
  • Possession for sale, selling, transporting, importing, furnishing, administering, giving away a substance containing 28.5 grams or more of methamphetamine.
  • Possession for sale or sale of a substance containing 28.5 grams or more of cocaine or cocaine base.

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Additional Resources

Criminal Prosecutions of Narcotics in San Diego, CA – Visit the website of the District Attorney’s Office in San Diego County. Learn more about how prosecutors in the Narcotics Unit prosecutes drug including simple possession, possession with intent to sell, delivery of drugs, cultivation or manufacturing, and traffic crimes. From low-level drug dealing to higher-level drug traffic crimes, the narcotics unit is equipped to handles all stages of the case. Drug crimes commonly involve methamphetamine, cocaine, and heroin. These cases often involve the testimony of undercover officers and confidential informants.

Hire a Defense Attorney for Drug Crimes in San Diego County

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every manner of crime, and is ready to build your case against drug crimes. Law Offices of Michael E. Cindrich, APC serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, and El Cajo, including San Diego proper.

Contact Law Offices of Michael E. Cindrich, APC today for a free, confidential consultation at (619) 262-2500.