This article is for general information only and isn’t legal advice.
California prosecutes a wide range of drug crimes, from simple possession to sales and transportation. Understanding the basic categories—and what to do in the first few days—can make a major difference in the outcome of a case. Below is a plain-English guide to common charges, how release from jail works, what a defense lawyer does early, and how treatment-based diversion can keep a conviction off a record.
Common California Drug Charges
Simple possession (personal use)
- Typical statutes: Health & Safety (H&S) 11350 (heroin/cocaine/fentanyl), 11377 (meth/other substances).
- What prosecutors look at: drug type/weight, where it was found, any statements.
- Notes: Often misdemeanors post-Prop 47; diversion can be possible.
Possession of paraphernalia
- Statute: H&S 11364.
- Examples: pipes, syringes, scales (context matters). May accompany a possession count.
Possession with intent to sell
- Statutes: H&S 11351 (heroin/cocaine), 11378 (meth/PCP), 11359 (cannabis).
- What signals “sales”: multiple baggies, pay/owe sheets, large cash, scales, texts.
- Notes: Usually filed more seriously than simple possession; diversion eligibility is narrower.
Sales/transportation/offer to sell
- Statutes: H&S 11352 (heroin/cocaine), 11379 (meth/PCP).
- Notes: Penalties increase with weight, prior history, protected locations, or minors.
Under the influence
- Statute: H&S 11550.
- Notes: Often tied to field observations or blood/urine tests.
Maintaining a place for use/sales
- Statute: H&S 11366.
- Notes: Focuses on ongoing use/sales at a location.
Drug DUI (DUID)
- Statute: Vehicle Code 23152(f).
- Notes: Alleged impairment by prescription, illicit, or combined substances; hinges on driving pattern, field sobriety, and tox screens.
Penalties and eligibility for alternatives vary case-by-case. The steps you take in the first 72 hours often set the tone for negotiations or diversion.
The Journey To Freedom From A Drug Charge
Step 1: From booking to release—how drug offense bail works
After arrest, the jail uses a local bail schedule to set an initial amount. A judge can later lower, raise, or grant release on your own recognizance (OR), but most people want out quickly to protect work, family, and housing.
- Confirm charges and bail amount.
- Plan lawful release (cash bail, OR request, or bond).
- Follow release conditions (no contact, no travel, testing if ordered).
If you or a family member needs fast, compliant release you must contact a bail bonds company. Only they can coordinate same-day bonds and help navigate court dates and conditions.
Step 2: After release—retain counsel and protect defenses
A defense lawyer’s early work can change everything. The first weeks are about facts, legality of the stop/search, and preserving leverage.
- Search & seizure challenges: Was the stop lawful? Was consent valid? Was the warrant deficient?
- Lab issues: Chain of custody, purity/weight, false positives, lab backlogs.
- Charge reductions: Sales → possession; felony → misdemeanor, where appropriate.
- Diversion positioning: Client suitability, treatment plan, documentation.
For targeted advice on possession and related charges, see how a local drug crimes attorney can assist you with their knowledge. A defense attorney can assess whether your case fits diversion, suppression, or reduction strategies—and handle time-sensitive DMV/arraignment issues where applicable.
Step 3: Can you avoid a conviction? Diversion & treatment options
California courts increasingly favor rehabilitation where public safety allows. The right plan—started early—can turn a stressful case into a second chance.
Common paths:
- Pretrial (PC 1000-style) or Judicial Diversion: Complete treatment/conditions → dismissal.
- Mental Health Diversion (PC 1001.36): For qualifying diagnoses where treatment addresses the conduct.
- Veterans Diversion: Tailored to service-related conditions.
- DUI programs (alcohol/drug): Education, treatment, interlocks as required.
What makes diversion work: documentation. Judges and prosecutors want verified proof of assessments, clean tests, attendance, and progress—starting before court orders. That’s where a structured drug diversion program through a team such as Executive Treatment Solutions is valuable: licensed evaluations, randomized testing, therapy coordination, and court-ready progress reports your attorney can use in negotiations.
First 72 hours: a practical checklist
- Don’t discuss facts with anyone but your lawyer; avoid texts/social posts.
- Collect paperwork: booking sheet, citation, property receipt, release terms.
- Medical needs: list prescriptions; follow any testing orders precisely.
- Employment/home: secure schedules, childcare, and transportation for court.
- Start treatment early if substance use or mental health is a factor (even before arraignment).
- Calendar everything: arraignment date, attorney consults, program intakes.
FAQs
Is simple possession always a misdemeanor in California?
Often post-Prop 47, but not in every scenario. Prior strikes, specific substances, or enhancements can change exposure. Speak to counsel.
What if the drugs weren’t mine?
“Possession” can be actual or constructive. Location, fingerprints, statements, and proximity matter. Your lawyer will parse those details and may seek dismissal or reduction.
How do prosecutors prove “intent to sell”?
They rely on circumstantial indicators (packaging, cash, texts). Demonstrating personal-use context or treatment engagement can support reduced charges.
Will a diversion show up on background checks?
Successful completion often leads to dismissal; many background checks then show no conviction. Your attorney can advise on sealing/record relief after disposition.
A smart response to a California drug charge is coordinated, not improvised. Secure release quickly, speak with a qualified defense lawyer before you say a word about the facts, and begin a verified treatment plan if substance use or mental health played any role. Those three moves—freedom, counsel, and documented progress—do more than lower stress; they shape charging decisions, plea talks, and eligibility for diversion.
Stay proactive: keep every document, meet every deadline, follow testing and treatment precisely, and avoid social posts about the case. With early organization and credible proof of change, many people turn a frightening arrest into a manageable legal process—and in the best outcomes, into a dismissed case and a cleaner record.