In the United States, laws against the use of drugs have become exceedingly harsh. While it is understandable that the government wants to crack down on a business that creates harmful and expensive addictions, the simultaneous result is that officials can sometimes become overzealous. As law enforcement eagerly attempts to show force against drug abuse, they, in turn, can abuse their positions of power and even make mistakes in creating accusations that result in devastating consequences for the unfortunate victims.
If you have been wrongfully arrested for a drug-related crime, whether for the possession of marijuana or for a supposed attempt to traffic narcotics across interstate lines, you will need experienced legal advice. At Lias Law Firm, we are dedicated to providing uncompromising protection against such unfair claims. Trust our Santa Clarita drug crime attorney to handle even the most complex cases.
Have you been accused of a drug crime in Southern California? Call Lias Law Firm today at (661) 592-9001 or contact us online to schedule a free consultation with our Santa Clarita drug crimes lawyer.
Drug Crime Cases We Handle
At Lias Law Firm, we know that no case is the same. Our experienced defense attorney is ready to tackle a broad range of charges, using approaches that are personalized and tailored to your individual needs. Common cases include:
- Possession of Controlled Substances: Includes methamphetamine, cocaine, heroin, ecstasy, and possessing marijuana amounts exceeding legal allowances. Charges range from misdemeanors to felonies depending on quantity and prior records.
- Possession with Intent to Sell or Distribute: Encompasses possession coupled with evidence of sale or transport of illegal drugs. These serious felony charges carry enhanced penalties, especially when involving large quantities or fentanyl.
- Drug Manufacturing and Cultivation: Illegal production including methamphetamine and cultivation of marijuana beyond state-allowed limits or without valid licenses.
- Drug Diversion Cases: Cases involving eligibility or participation in alternative sentencing programs like Penal Code 1000 or Proposition 36, focusing on treatment instead of incarceration.
- Possession and Sale of Paraphernalia: Involves items used to consume, conceal, or distribute drugs, which can increase overall charges.
- Medical Marijuana Violations: Abuse or possession of medical marijuana outside legal limits or without proper authorization.
Each case is unique, and penalties vary widely depending on the type and amount of drug involved, intent, prior convictions, and whether enhanced penalties apply due to circumstances like fentanyl involvement or repeat offenses.
What Determines a Misdemeanor vs. Felony?
Several factors impact whether drug charges are misdemeanor or felony, including:
- Type and quantity of drug: Smaller amounts of substances like methamphetamine, cocaine, heroin, or fentanyl often start as misdemeanors, but large amounts or certain types like fentanyl lead to automatic felony charges or enhanced penalties.
- Intent: Simple possession for personal use is typically a misdemeanor; possession with intent to sell, transport, or manufacture leads to felony charges.
- Prior convictions: Repeat offenders may face felony charges for crimes that might otherwise be misdemeanors.
- Aggravating elements: Selling near schools, possession involving firearms, or supplying drugs to minors usually results in felony charges.
California Penal Codes Relevant to Drug Crimes
HS 11377(a): Possession of controlled substances like meth, cocaine, ecstasy, and heroin. Since this is a wobbler charge, it can result in a misdemeanor for small amounts or a felony if you have prior charges.
HS 11378: Possession for sale of controlled substances. This is a felony charge that can result in severe prison sentences.
HS 11379(a): Transportation, sale, furnishing of controlled substances, including fentanyl. This is a felony charge, with stricter penalties for fentanyl.
PC 11364(a): Possession of drug paraphernalia. This is a misdemeanor charge, but penalties may increase if linked to serious offenses.
HS 11395: Treatment-mandated felony for repeat drug possession (2+ convictions). This is a wobbler offense that may result in up to 3 years with the option for court-supervised treatment to avoid a conviction.
Wobbler Charges and Proposition 36 Treatment-Mandated Felony
One of the newest and most significant changes in 2025 is the introduction of a treatment-mandated felony for repeat drug possession offenses under Health & Safety Code § 11395. This is a wobbler offense, meaning:
- The prosecutor may charge it as a misdemeanor or felony.
- A first offense charged as a misdemeanor carries up to 1 year in county jail.
- If charged as a felony, it carries up to 3 years in county jail for a first offense, or state prison for subsequent offenses.
- Defendants have the option to plead guilty or no contest and enter court-approved drug treatment programs.
- Successful completion of the treatment program may result in avoidance of conviction for the offense.
This law specifically targets those with two or more prior convictions for possession or sale of hard drugs like fentanyl, heroin, cocaine, or methamphetamine, aiming to steer offenders toward rehabilitation rather than prolonged incarceration while maintaining felony-level consequences for serious or repeated offenses.
Penalties for Drug Crimes in 2025
- Simple possession (HS 11377 misdemeanor): Up to 1 year in county jail, fines, probation, possible drug counseling.
- Felony possession or possession for sale (HS 11377 felony, HS 11378): 2 to 6 years or more in state prison with heavy fines.
- Transportation or sale (HS 11379(a)): Sentences from 3 to 7 or more years depending on drug type and quantities, with strict enhancements for fentanyl.
- Paraphernalia possession (PC 11364(a)): Up to 6 months county jail and fines.
- Fentanyl possession or sales: Newly harsh penalties, e.g., 2-12 years in state prison based on amount, plus extra years for intent to sell; supplying fentanyl causing death may lead to murder charges.
- Repeat possession treatment-mandated felony (HS 11395): Up to 3 years jail or prison, with opportunity for court-mandated drug treatment and discharge upon successful completion.
How to Defend Against Drug Crime Charges
It is important to have an attorney you can truly count on when the journey to recovery gets challenging. At our firm, you can rely on our lawyer to carefully establish your case for trial by using our in-depth knowledge and experience.
Some of the methods we can use to defend you include:
- Creating motions to suppress evidence where you have suffered an event of being illegally searched during a car stop or a home invasion.
- Demonstrating that there has been wrongful evidence seizure during a property search or a pat-down search.
- Challenging warrants which have been made under suspicious circumstances.
In addition to these tactics, we can also conduct plea negotiations with prosecutors and seek to reduce the charges that have been made against you. It is also possible to negotiate opportunities for drug diversion programs, including those related to PC-1000 and Proposition 36. These programs are good alternative options for clients who otherwise might be forced to face high fines, extensive jail time, and prolonged probation.
Contact Our Drug Crimes Lawyer in Santa Clarita Today
Lias Law Firm is renowned for offering aggressive, determined representation for clients across Los Angeles who face all kinds of drug-related charges. Our skilled Santa Clarita drug crime attorney is keenly aware of the frustration and fears you may be experiencing. You can rely on our team’s dedication to defending you with complete and utter support.
Contact Lias Law Firm today to get started on your defense with our Santa Clarita drug crimes attorney.
