Drug Crimes

Charged with a drug offense?

Understand the allegations against you and the defense strategies available.

A drug case can be charged in California state court under the Health and Safety Code or in federal court under Title 21, where mandatory minimum sentences can apply. Vikas Bajaj represents clients in California state courts and United States federal courts.

The California Statutes Behind Most Charges

• HS 11350: possession of narcotics such as cocaine, heroin and fentanyl. HS 11377: possession of methamphetamine and similar drugs. Under Proposition 47, simple possession is generally a misdemeanor. See drug possession.
• HS 11351 and 11378: possession for sale.
• HS 11352 and 11379: sale or transportation for sale. See drug trafficking and distribution.

Potential Sentences in California Drug Cases

• Simple possession (HS 11350, 11377): generally a misdemeanor punishable by up to one year in county jail.
• Possession for sale of narcotics (HS 11351): 2, 3 or 4 years.
• Sale or transportation for sale (HS 11352): 3, 4 or 5 years. For methamphetamine (HS 11379): 2, 3 or 4 years.

How a Case Moves

In state court, after arraignment on a felony, the judge sets the date for the preliminary examination (Penal Code § 859b).

Propositions 47 and 36

Proposition 47 (2014) made simple possession a misdemeanor for most people. Proposition 36 (2024) created a “treatment-mandated felony” for possession by people with two or more prior qualifying drug convictions (HS 11395).

Diversion and Drug Court

Penal Code § 1000 pretrial diversion allows eligible drug possession cases to be dismissed after the person completes a program. Eligibility depends on the charge and record.

Federal Drug Cases at the Border

Importing a controlled substance is charged under 21 U.S.C. § 952 and § 960. Distribution and possession with intent are charged under § 841, and agreements as federal drug conspiracy under § 846. Drug quantity can trigger five- and ten-year mandatory minimums under § 841(b) and § 960(b), and the safety valve in 18 U.S.C. § 3553(f) can allow a sentence below them. For how a federal case moves, see the federal crimes overview.

Recent Federal Drug Cases in San Diego

Press releases from the U.S. Attorney’s Office for the Southern District of California show how these statutes are applied in local cases.

• Jesse Clark Garcia, No. 24-CR-0908-RBM (S.D. Cal.): the former Customs and Border Protection officer pleaded guilty to nine counts, including conspiracy to import controlled substances under 21 U.S.C. §§ 952, 960 and 963, and was sentenced to nine years in prison, according to a Department of Justice release dated August 7, 2026. The release states that his co-defendant, Diego Bonillo, was sentenced to 15 years in November 2025.
• Flavio Diego Rivera Davalos, No. 18-cr-01120-LAB (S.D. Cal.): District Judge Larry A. Burns imposed 87 months for importing about 77 pounds of fentanyl through the San Ysidro Port of Entry. The judge rejected a defense request for 30 months and found that the defendant did not play a “minor” role (Department of Justice release, August 6, 2018).
• New charges: a Department of Justice release dated September 18, 2026 reported 132 border-related cases filed in one week. They included an importation complaint against Jose Camarillo De La Torre after officers reported finding over 122 pounds of fentanyl in the truck he was driving at San Ysidro. A complaint is only an allegation, and every defendant is presumed innocent.

Drug weight drives much of the exposure in these cases. Under 21 U.S.C. § 960(b), importing 40 grams or more of a fentanyl mixture carries a five-year mandatory minimum, and 400 grams or more carries ten years. The defendant’s role in the offense is also argued at sentencing.

Common Defenses

Defenses can include challenging the legality of the stop or search, whether the person knew of and controlled the drugs, and the lab testing.

Other California Drug Statutes

• Possession while armed (HS 11370.1): possessing certain controlled substances while armed with a loaded, operable firearm is a felony punishable by two, three or four years.
• Manufacturing (HS 11379.6): manufacturing or chemically extracting a controlled substance is a felony punishable by three, five or seven years.
• Cannabis: adults 21 and older may possess up to 28.5 grams of cannabis (HS 11362.1). Possession for sale and unlicensed sales remain offenses under HS 11359 and 11360. See marijuana charges.
• Under the influence (HS 11550): being under the influence of certain controlled substances is a misdemeanor. See under the influence of drugs.

Federal Charges Beyond Trafficking

• Simple possession (21 U.S.C. § 844): a first offense carries up to one year.
• Drug-free zones (21 U.S.C. § 860): distribution near a school can double the maximum penalty.
• Firearms (18 U.S.C. § 924(c)): using or carrying a firearm during a drug trafficking crime, or possessing one in furtherance of it, carries a mandatory minimum of five years, consecutive to the drug sentence.
• Forfeiture (21 U.S.C. § 853): property derived from or used to facilitate a drug offense can be forfeited.

Search and Seizure Challenges

Many drug cases begin with a traffic stop, a probation or parole search, or a warrant. In California state court, a motion to suppress evidence obtained through an unreasonable search is brought under Penal Code § 1538.5. In federal court, the same Fourth Amendment issues are raised by a motion to suppress under Fed. R. Crim. P. 12(b)(3)(C). If evidence is suppressed, the prosecution may be unable to proceed, although no outcome can be promised.

Drug Crime FAQs

Is drug possession a felony in California?

Usually not for a first case. Simple possession under HS 11350 or 11377 is generally a misdemeanor after Proposition 47. It can be charged as a felony for people with certain prior convictions, including under HS 11395.

Can a drug charge be dismissed?

In some cases, for example after completed Penal Code § 1000 diversion. No outcome can be promised.

What happens if I am caught with drugs at the border?

Importation is a federal crime under 21 U.S.C. § 952. A federal arrestee must be brought before a magistrate judge without unnecessary delay (Fed. R. Crim. P. 5). You may decline to answer questions and ask for a lawyer.

If you or a family member has been arrested, call (619) 525-7005 or request a confidential consultation.

Is cannabis legal under federal law?

No. Cannabis remains a controlled substance under federal law, so possession on federal property, including at ports of entry, can be charged federally even when it would be lawful under California law.

Does a drug conviction affect immigration status?

It can. Most controlled substance convictions carry immigration consequences for noncitizens (8 U.S.C. § 1227(a)(2)(B)), and California requires defense counsel to advise on them (Penal Code § 1016.3).

This page provides general information about California and federal law. It is not legal advice, and reading it does not create an attorney-client relationship. Laws change, and every case depends on its own facts.

What is the difference between possession and possession for sale?

Possession for sale requires proof of intent to sell. Prosecutors often point to quantity, packaging, scales or cash. It is a felony, while simple possession is generally a misdemeanor.

Is it a crime to have prescription pills without a prescription?

Possessing certain controlled substances without a valid prescription can be charged under HS 11350 or 11377, depending on the drug.

Can a drug trafficking conviction be appealed?

Yes, but the deadlines are short. In a California felony case, the notice of appeal is generally due within 60 days of judgment (Cal. Rules of Court 8.308).