Los Angeles Drug Crimes - Frequently Asked Questions

Under California’s Health & Safety Code, nearly every activity involving a controlled substance, possessing, using, manufacturing, transporting, or selling, can be charged as a criminal offense. The list of controlled substances is extensive and includes cocaine, heroin, fentanyl, methamphetamine, MDMA (ecstasy), LSD, psilocybin (“magic mushrooms”), prescription medications such as Adderall or Xanax when possessed without a valid prescription, and even concentrated cannabis if handled outside the protections of Proposition 64.

Local district attorneys prosecute crimes in Los Angeles County Superior Court, but large-scale trafficking or interstate smuggling may draw federal charges in the U.S. District Court for the Central District of California. Potential penalties depend on the weight of the drugs, prior convictions, and whether weapons or violence are involved.

Yes. Proposition 47 (2014) reclassified most simple possession violations of Health & Safety Code §§ 11350 and 11377 from felonies to misdemeanors, but it did not legalize narcotics. A first-time misdemeanor conviction still carries up to one year in county jail, fines, probation, mandatory drug education, and life-long collateral consequences such as immigration exposure or loss of professional licenses. Repeat possession convictions can now trigger treatment-mandated felony charges under the newly created Health & Safety Code § 11395 when the defendant has two prior drug convictions.

Intent is the dividing line. Prosecutors look for “indicia of sales,” including:

• multiple bundles or heat-sealed bags
• digital scales or pay-owe sheets
• large amounts of cash or firearms
• text messages arranging transactions

If the evidence suggests distribution, you may be charged under Health & Safety Code § 11351 (for cocaine, heroin, etc.) or § 11378 (for methamphetamine, MDMA, etc.), both felonies that can lead to state prison. Where fentanyl weight exceeds one ounce (28.35 grams), Proposition 36 now adds a three-year weight enhancement on top of the base term.

Absolutely. Responding to the overdose crisis, lawmakers have layered several penalties specific to fentanyl:

• Quantity enhancements: Added in 2024 to Health & Safety Code § 11370.4, beginning at one ounce and rising to 25 years for 10 kilograms or more.
• Aggravated great-bodily-injury (“GBI”) enhancement: If distribution leads to a fatal or near-fatal overdose, Penal Code § 12022.7(c) can add 3–6 years.
• Federal schedule I classification: In 2025, Congress permanently placed all fentanyl analogs into Schedule I, enabling federal prosecutors to step in for significant cases.

Proposition 64 (Adult Use of Marijuana Act) legalized possession of:

• up to 28.5 grams of flower
• up to 8 grams of concentrated cannabis
• cultivation of six plants inside a private residence

Exceeding these limits, selling without a state license, or exporting cannabis across state lines remains illegal. Transporting more than 28.5 grams for sale can still be charged as a felony under Health & Safety Code § 11360. Additionally, driving under the influence of cannabis is prosecuted under Vehicle Code § 23152(f), the same statute applied to alcohol, and a conviction triggers DMV license suspensions.

The Fourth Amendment requires a warrant unless an exception applies. Standard exceptions in drug cases include:

• Probable cause automobile search: Odor of burnt marijuana or visible paraphernalia may justify a search of compartments where contraband could be hidden.
• Search incident to arrest: Limited to areas within your immediate reach.
• Consent: If you say “yes,” the search becomes legal—always ask if you are free to decline.
• Probation or parole terms: Many probationers agree to warrantless searches as a condition of release.

Illegal searches can lead to suppression of the evidence and dismissal of the case.

California offers several pre-trial and post-plea alternatives to incarceration:

• Penal Code § 1000 Pretrial Diversion: Expanded by SB 73 (2021) to cover most non-violent drug offenses. Complete a drug education program, and the case is dismissed.
• Proposition 36 (2000) Drug Treatment Act: For certain felonies and misdemeanors, a guilty plea is taken, but sentencing is deferred while you complete up to 18 months of treatment. Successful completion results in dismissal.
• Drug Court: A collaborative court that combines judicial oversight, treatment, and frequent testing.
• Military Diversion (Penal Code § 1001.80): Available to veterans whose drug use stems from service-related conditions.

The new (2024) Prop 36 weight enhancements do not disqualify you from diversion for simple possession, but they do for possession-for-sale cases.

Yes. Assembly Bill 1076 (2019) and AB 1706 (2022) created automatic record clearance for most Prop 64 cannabis convictions and misdemeanor drug possession once probation is completed. For other offenses:

• Penal Code § 1203.4 Expungement: Available after probation or jail term, you convert your plea to “not guilty” and dismiss the accusation.
• Penal Code § 851.93 Sealing: If charges were dismissed or never filed, you can petition to seal arrest records.
• Proposition 64 Resentencing: Allows reduction or dismissal of old cannabis felonies.

An expungement cannot eliminate federal immigration consequences, professional licensing restrictions, or sex-offender registration, but can significantly improve employment prospects.

Vehicle Code § 13202 makes a six-month license suspension mandatory for most drug convictions only if the court orders it. The DMV also imposes administrative suspensions for any DUI conviction, including drug-based DUIs. For under-21 drivers, possession of alcohol or drugs can trigger a one-year suspension under the “zero tolerance” rules.

Yes. Factors that can move a case from the Los Angeles Superior Court to the U.S. District Court for the Central District of California include:

• trafficking across state or international borders
• quantities exceeding the federal threshold (for example, 500 grams of cocaine)
• presence of firearms or organized crime allegations
• DEA stings or Homeland Security investigations in ports and airports

Federal sentencing guidelines are severe; fentanyl trafficking starting at 40 grams carries a base offense level of 26, roughly 70–87 months before enhancements.

• Fourth Amendment violations: Suppressing evidence obtained through unlawful searches or seizures.
• Lack of possession: The drugs belonged to someone else; you lacked knowledge or control.
• Entrapment: Law enforcement induced you to commit a crime you otherwise would not have committed.
• Valid prescription: For controlled medications such as oxycodone or benzodiazepines.
• Crime lab errors: Contamination or mishandling can undermine test results.
• Medical necessity or cannabis collective defense: Still viable in limited scenarios.

Under federal law, even a single misdemeanor possession conviction (other than 30 grams of marijuana) can render a non-citizen deportable and bar admissibility. A vacated conviction under PC 1203.4 expungement does not erase immigration consequences; you need post-conviction relief such as Penal Code § 1473.7 or a motion to vacate based on ineffective assistance.

• Remain calm and keep your hands visible.
• Ask if you are free to leave.
• Politely refuse consent to any search.
• Invoke your right to remain silent and request an attorney: “I will not answer questions without my lawyer.”
• Do not give statements, sign documents, or agree to informant work until you have spoken with counsel.

Founding attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience in Los Angeles. Kraut Law Group Criminal & DUI Lawyers, Inc. draws on that insider perspective to challenge police work, negotiate alternative dispositions, and, when necessary, take cases to jury trial. We maintain relationships with toxicologists, treatment providers, and immigration counsel to protect every aspect of your future. From downtown courthouses to LAX federal investigations, we stand ready 24/7.

Contact the Kraut Law Group Criminal & DUI Lawyers, Inc. at 888-334-6344 or 323-464-6453 for immediate assistance. Our office is 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028.