In addition to drug possession and possession of a controlled substance with the intent to sell, there are several other drug crimes in California with which a person may be charged. Below is a list of some of those crimes and a brief description to assist you.
If you or someone you know is charged with a controlled substance violation, the first thing you will need to do is retain an experienced criminal defense lawyer who has the know how to defend your rights and your freedom. The first step to resolution is only a phone call away; call the Sigal Law Group today for a free no obligation consultation and case evaluation. Our criminal defense attorneys are standing by to take your call.
Manufacturing of Drugs
Manufacturing a drug, such as methamphetamine or PCP, is illegal under the California.
The fact that the drug is in the early stages of being manufactured and not completed is enough for a person to be charged. On the other hand, to show an attempt to commit a manufacturing offense requires more than merely buying or obtaining the necessary equipment without also having the key ingredients and equipment set up.
To be convicted of manufacturing a controlled substance, such as methamphetamine, the prosecution must prove that the defendant has knowledge of the fact that what is being manufactured is a drug.
Transportation of a Controlled Substance
Transportation of a drug means causing it to be moved from one location to another. Only minimal movement while under a person's control is required to sustain a charge of transportation of a controlled substance. For example, possessing a narcotic while in a vehicle that a person drives for 20 feet out of a parking lot, or walking from one place to another while in possession of the a drug constitutes transportation.
After a person has made a drug sale, leaving the buyer's apartment with unpurchased drugs will not justify a conviction for transporting a controlled substance, even though it does constitute a separate act of possession of a controlled substance. Carrying the illegal substance for a short distance from a hiding place behind a building is also insufficient to sustain a charge of transportation of a controlled substance.
Possession of a controlled substance is not a lesser included offense of transportation of a controlled substance, a person may be charged with both counts. Usually an experienced criminal defense lawyer such as the lawyers of the Sigal Law Group will be able to get the execution of sentence for one of the offenses stayed if the offenses stem from the same incident. (Reference: http://www.ice.gov/news/releases/losangeles)
Furnishing or Selling a Controlled Substance
In the context of controlled substances, the term “furnish” means to supply by any means whether by sale or otherwise. The issue is not whether an actual sale has taken place but primarily focuses upon the fact that the controlled substance changed hands. Further, “sale” is not limited to an exchange for cash but can be for anything of value.
A person needs to only supply the substance with knowledge of its character as a controlled substance to be charged with this crime.
Administering of Controlled Substances
A person may be charged with administering a controlled substance if that person causes another person to use a controlled substance. The person to whom the substance is being administered may be a willing, passive, or unwilling participant. It makes no difference under the law, and even California's registered medical marijuanadispensories are targeted by federal authorities. A person however cannot be charged with administering the drug to himself.
Offering a Controlled Substance
Making an offer with the specific intent to make delivery of a controlled substance constitutes the crime of offering a controlled substance. When the offer is made with the requisite intent, the crime is complete it is not necessary that the drug actually be provided. If a person at some point changes his or her mind they can still be charged with offering a controlled substance.
Using a Controlled Substance
The use of an illegal substance refers to the physical act of injecting or ingesting the drug. Being under the influence refers to the person's physical reaction to the drug.
The prosecution must show that a person used a controlled substance immediately prior to his or her arrest in order to sustain a charge of using a controlled substance. Symptoms of withdrawal from a substance do not constitute being under the influence. By contrast, symptoms more consistent with recent use within 48 hours before the person's arrest, as well as evidence such as a recent needle mark on the defendant may be shown to prove recent use” under the penal code.
Being Under the Influence of a Controlled Substance
Being under the influence of a controlled substance offense requires that a person's nervous system, brain, muscles, or other parts of the body are appreciably affected, or that some detectable abnormal mental or physical condition be shown as a result of ingesting a drug. Withdrawal from an illegal drug such as heroin is not sufficient to constitute a charge of being under the influence of a controlled substance.
Being Where Illegal Substance Used
It is unlawful to be in any place where a controlled substance is being used, if the person does so (1) with knowledge that the activity is occurring, and (2) while aiding, assisting, or abetting the unlawful smoking or use of the substance.
Buildings and Rooms Used in the Manufacture and Sale of Controlled Substances
It is illegal under the health and safety code for any person who has under his or her management or control any building, room, space, or enclosure, for the purpose of illegally manufacturing, storing or distributing any controlled substance for sale or distribution.
Possession, use, or control of a false compartment used to store, conceal, smuggle, or transport a controlled substance is a punishable felony. If a person has constructed a false compartment for to a vehicle with the intent to store a controlled substance that person may be charged with a felony which has harsher sentencing guidelines.
Loitering, or being in an area for an extended period of time, with the intent to commit a drug crime is a misdemeanor.
Please contact our Los Angeles drug crimes attorneys today for a free initial consultation.