San Bernardino Criminal Defense Lawyers
California’s Premier Criminal Defense and DUI Law Firm
San Bernardino Drug Crimes Attorneys
Defending Californians who have been charged with possession, sales or transportation of ecstasy, marijuana or prescription drugs in San Bernardino.
Both ecstasy and marijuana are Schedule I drugs that are controlled by the government. Some prescription drugs are also controlled, such as Xanax, Valium, Tramadol and drugs containing codeine. What you may not realize is that having these drugs in your possession, selling them to others or transporting them across county lines can land you in jail. Therefore, if you have been recently arrested for drug crimes, you’ll need an experienced drug crimes lawyer in San Bernardino to fight for your rights.
Because marijuana is now legalized in California, the laws are different from ecstasy. We will explain what you need to know about being charged with either ecstasy, marijuana or prescription drugs.
Ecstasy Laws in San Bernardino
Ecstasy is a Schedule I drug, which means it has a high potential for abuse and no accepted medical use in the U.S. As a result, California drug laws make it a crime to possess ecstasy for personal use, for personal sale, for transporting to sell or to drive under the influence.
If this is your first offense and you don’t have a criminal background, having ecstasy in your possession is typically charged as a misdemeanor. Driving under the influence of ecstasy is also charged as a misdemeanor. However, if you are caught selling ecstasy or transporting ecstasy, you can face felony charges.
Here is a breakdown of the penalties you can face for possessing, selling or transporting ecstasy.
Ecstasy Crime | Code | Type of Offense | Penalties |
Personal possession | HS 11377 | Misdemeanor | Up to 1 year in county jail, up to $1,000 in fines. Eligible for drug diversion. |
Possession for sale | HS 11378 | Felony | 16 months, 2 years or 3 years in county jail, up to $10,000 in fines. |
Sale or transportation | HS 11379 | Felony | 2-9 years in prison, up to $10,000 in fines. |
Driving under the influence of ecstasy | VC23152(f) | Misdemeanor | Driver’s license suspension, up to $390 in fines, 3-5 years DUI probation |
Marijuana Laws in San Bernardino
Marijuana laws can be especially confusing right now, so if you have been arrested for cannabis, it’s important to speak with experienced San Bernardino marijuana lawyers. Even though marijuana is legal, there are still laws that must be followed.
As of January 2018, the recreational use of marijuana became legal in the state of California. Adults 21 and over can possess up to one ounce of dried marijuana or up to eight grams of concentrated cannabis. Additionally, those 21 and over can grow up to six plants for personal use.
If you do not follow the above laws, you could face serious consequences. Also, it’s important to point out that there are laws for where cannabis can be consumed. For example, your employer can prohibit the use of marijuana while at work.
Cannabis Crime | Code | Type of Offense | Penalties |
Possession by people under 21 | HS 11357 | Infraction | Drug counseling, up to $100 fine |
Possession of more than 28.5 grams of marijuana, or more than 8 grams of concentrated cannabis (21 and over) | HS 11357 | Misdemeanor | Up to 6 months in county jail, up to $500 fine |
Cultivation by people under 21 | HS 11358 | Infraction | Drug counseling, community service, up to $100 fine |
Cultivation of more than six plants (21 and over) | HS 11358 | Misdemeanor | Up to 6 months in county jail, up to $500 fine |
Possession with intent to sell | HS 11359 | Misdemeanor | Up to 6 months in county jail, up to $500 fine |
Sale of marijuana without license | HS 11360 | Misdemeanor | Up to 6 months in county jail, up to $1,000 fine |
Selling to a minor | HS 11361 | Felony | 3-7 years in state prison, depending on age of minor |
Driving with marijuana | VC 23222(b) | Infraction | Up to $100 fine |
Prescription Drug Laws in San Bernardino
Many people assume that only illegal drugs can get them into trouble with the law. However, this is not the case. The illegal use of prescription drugs can also lead to criminal charges. If you are convicted, people won’t care if the drugs were legal or not. You will be labeled as a drug offender. Fortunately, our prescription drug attorneys in San Bernardino know how to fight these cases and come out successful.
It is illegal to have prescription drugs in your possession that were not prescribed to you. Prescription drugs include many substances, such as adderall, codeine and hydrocodone. If you are caught with any of these drugs, or ones similar to these drugs, you will most likely be charged with an infraction. You could face up to one year in county jail and fines up to $1,000. However, if this is your first offense, it’s possible to participate in a drug diversion program and avoid jail time.
Legal Defenses for Drug Crimes in San Bernardino
There are several legal defenses that our San Bernardino criminal defense attorneys use when dealing with these types of cases. When meeting with you and listening to your circumstances, we can determine which one will best support your case.
- Police misconduct. This is a common legal defense, as narcotic officers often engage in misconduct when performing their drug busts and sting operations. For example, the cops will sometimes ignore search and seizure laws, fabricate police reports and rely on bogus reports.
- If you committed your crime because law enforcement lured you into doing so, we can use entrapment as your defense.
- Personal use only. Simple possession is a less serious offense. If your charges are reduced to simple possession, you may be able to participate in a drug diversion program and avoid jail time.
- Mistaken identity. If you are the victim of mistaken identity, either innocently or out of spite, we can use this defense. If the drugs do not belong to you, you are not guilty of possession.
- Not under the influence. If you were caught driving under the influence, this is a strong defense. First, there is no test to measure drugs in the system as there is with alcohol. Second, many other issues (e.g., fatigue, illness) could have caused your impairment.
If you have been charged with possession, sales or transportation of ecstasy, marijuana or prescription drugs, please contact The Law Offices of David S. Chesley. Our San Bernardino drug crimes lawyers have over 50 years of courtroom experience and know how get drug charges reduced or dismissed. Contact us today for your free consultation.