Various federal laws and California state laws cover the possession of controlled substances, commonly known as drugs.
Under California law, drug-related offenses are found within the state’s Health and Safety Code, which federal drug offenses are typically covered by the Controlled Substances Act and other statutes.
Laws covering controlled substances are among the most-frequently updates, and an expert criminal defense attorney is one that monitors changes in state and federal drug ordinances.
What does California law say about drugs and controlled substances?
California has a number of laws contained within the state’s Health and Safety Code that covers the possession and use of controlled substances, including prescription medications and illegal drugs.
Under Health and Safety Code § 11350, a person can be charged with a misdemeanor or a felony if they unlawfully possess a controlled substance like heroin, cocaine, methamphetamine (“meth”) and LSD. These drugs are typically referred to as narcotics.
Under Health and Safety Code § 11377, a person can be charged with a misdemeanor or felony if they possess certain kinds of drugs, like amphetamines and other non-narcotic substances, if they do not have a valid prescription written by an authorized or licensed medical practitioner, like a doctor or pharmacist.
Health and Safety Code § 11351 makes it unlawful for anyone to possess a controlled substance with the intention of selling it to another person.
There are a number of other statutes in California that cover possession, use and/or sales of prescription drugs, narcotics and controlled substances, and an expert criminal defense attorney must know those laws and understand how they are applied in order to provide the best possible defense for their client.
Are California drug laws charged as misdemeanors or felonies?
Most of California’s drug laws can be charged as either a misdemeanor or a felony. Sometimes, California voters choose to amend certain drug laws in pursuit of equitable justice.
For instance, in 2014, California voters passed Proposition 47, which requires prosecutors to charge most drug possession offenses as misdemeanors, unless there are special conditions or prior convictions allow or require them to prosecute a drug possession case as a felony.
What does federal law say about drugs and controlled substances?
Under federal law, drug-related offenses are generally covered by the Controlled Substances Act (21 USC § 844), which has been amended numerous times over the years.
Generally speaking, the Controlled Substances Act makes it illegal for anyone to knowingly or intentionally possess a controlled substance, including a prescription drug or narcotic, unless they have a valid prescription or are otherwise authorized to possess it.
The U.S. Drug Enforcement Agency (DEA) classifies controlled substances using a “schedule,” which ranges from Schedule I (drugs with no medically-acceptable use) to Schedule V (drugs that are acceptable for some medical use in a controlled environment).
The following are examples of the drugs covered by each schedule:
- Schedule I drugs include cannabis (“marijuana”), heroin, LSD, ecstasy and methaqualone (“quaaludes”).
- Schedule II drugs include hydrocodone, meperidine, fentanyl, Adderall and Ritalin.
- Schedule III drugs include products like Tylenol with codeine; testosterone; anabolic steroids and ketamine.
- Schedule IV drugs include substances like Soma, Xanax, Ambien, Ativan, Darvocet and Tramadol.
- Schedule V drugs include Robitussin AC, Lyrica and Parepectolin.
The drugs are scheduled based on the DEA’s determination of how likely they are to be abused or habit-forming, with Schedule I drugs believed to be among the most-abused.
You might be surprised to see some drugs listed on the DEA’s drug schedule. Some controlled drugs are routinely prescribed by specialists for things like pain management, while others are commonly prescribed by doctors for severe illness like pneumonia and bronchitis. A valid prescription for Schedule II to Schdule V drugs is a legitimate defense against an illegal possession charge.
Under federal law, Schedule I drugs cannot legally be prescribed by any licensed doctor.
Is marijuana legal at the federal level? Can I be charged with a marijuana-related crime?
Cannabis (“marijuana”) is classified by the DEA as a Schedule 1 drug, which makes it illegal under federal law.
People who possess, use or sell marijuana in California are operating in a legal grey area. Under California law, recreational and medicinal use of marijuana has been legal for several years, and police typically do not arrest someone for possessing or using marijuana, unless it is connected with another crime (for instance, selling marijuana to minors, or “driving while high”).
However, people can be arrested by federal law enforcement agents for marijuana-related offenses, even if their use or possession of marijuana occurs in California. A situation where a person might be arrested for a marijuana-related offense includes:
- possession and/or use of marijuana while visiting any federal land, including those overseen by the National Park Service like Alcatraz Island, Yosemite and Sequoia National Park.
- possession of marijuana at any airport governed by the Federal Aviation Administration, including Sacramento International Airport (SMF), San Francisco International Airport (SFO), Oakland International Airport (OAK), San Diego International Airport (SAN), Los Angeles International Airport (LAX), Hollywood Burbank Airport (BUR), San Jose International Airport (SJC) and Long Beach Airport (LGB).
- possession and/or use of marijuana at any location operation by the Federal Bureau of Prisons, including federal penitentiaries and prison camps.
- possession and/or use of marijuana at any federal courthouse or federal law enforcement building.