Have you been charged with a drug offense in San Diego, CA?
At The Law Office of Elliott Kanter APC, we are trusted drug crime lawyers serving clients across San Diego and the surrounding area.
If you were arrested on a drug charge, an attorney can challenge how the evidence was gathered and pursue the resolutions California law makes available. Many of these cases never reach a jury, and a sizable share never result in custody. A San Diego, CA drug crime lawyer can tell you which of those paths is realistic given the facts.
Elliott Kanter has practiced criminal defense in California for 45 years and has tried drug cases to verdict. Request a free case review to go over the charge and what is likely to happen next.
Drug Crime Lawyer San Diego, CA
A drug crime case is a state prosecution brought by the county district attorney for conduct involving a controlled substance. What separates one charge from another is usually not the substance itself but what the prosecution believes you intended to do with it. Possession, possession for sale, and transportation can all arise from the same encounter with police.
San Diego region law enforcement made 14,599 adult arrests for alcohol and drug offenses in 2023, making it the second largest arrest category that year, according to regional arrest data. Only about one in nine of those arrests was booked at the felony level, which is a reminder that the initial charge and the eventual filing are two different things.
Types of Drug Crime Cases We Handle in San Diego
Most drug prosecutions in this county begin with a traffic stop, a probation or parole search, or a call about something unrelated. What officers found is often less important than how they came to be looking. That question shapes the defense from the first day.
- Drug possession. Simple possession cases turn on knowledge, control, and whether the amount was usable. Many people charged this way have never been arrested before and qualify for a resolution that leaves no conviction behind.
- Possession for sale. Prosecutors infer intent from packaging, scales, cash, and phone content rather than from any direct proof of a sale. Each of those inferences can be contested, and an experienced eye can often supply an innocent explanation the report ignored.
- Drug trafficking. Sales and distribution allegations frequently rest on informants, controlled buys, or surveillance. We examine who the informant is, what they were promised, and whether the buy was documented the way the report claims.
- Drug transportation. Moving a controlled substance can be charged separately from possessing it. Whether the driver knew what was in the vehicle is very often the only genuinely disputed fact.
- Manufacturing and cultivation. These cases involve chemical evidence, equipment, and the property where officers say the activity occurred. The search of that property is usually the first thing to examine, since a warrant supported by a thin affidavit can undo the entire prosecution.
- Drug paraphernalia. Paraphernalia allegations often ride along with a more serious count and get treated as an afterthought. They still create a record, and they are frequently the easiest charge to resolve outright when the primary count is contested.
- Prescription drug offenses. Charges involving pills reach patients, caregivers, and people carrying medication that belongs to someone else. Whether a substance was possessed lawfully or without a prescription is not always as clear as the paperwork suggests.
- Being under the influence. Officers rely on observations and field tests that are far more subjective than they appear in a report. Medical explanations for the same symptoms are common.
- Federal drug crimes. Cases that cross the border or a state line, or that involve a federal agency, move to a different courthouse with different rules. We handle those matters as well.
Why Choose The Law Office of Elliott Kanter APC as my Drug Crime Lawyer in San Diego, CA?
Local Practice in San Diego County Courtrooms
Elliott Kanter has spent 45 years in practice, defending criminal charges throughout this county. Cases filed by the San Diego County District Attorney’s Office are heard downtown and in Vista, El Cajon, and Chula Vista, and the departments differ in how they handle motions and negotiations. The county also operates an Adult Drug Court and related programs that substitute supervised treatment for incarceration when a defendant qualifies. Martindale-Hubbell has recognized the firm with its highest peer rating for legal ability and ethical standards. Knowing which clients are realistic candidates, and how to present them, is part of what you should expect from a criminal defense lawyer in San Diego, CA.
Results in Drug Cases at Every Level
Our results in drug and related criminal matters include:
- Not guilty after trial in a cocaine importation prosecution involving more than 100 pounds
- Not guilty after trial in a second importation case of comparable size
- A plea to a reduced charge with no custodial sentence in an undercover cocaine conspiracy
- Not guilty after trial on an assault charge that carried two prior strike allegations
What Is Important to Understand About a Drug Crime Case?
What Are Important Aspects of a Drug Crime Case?
A drug case is rarely decided by the substance on the evidence log. It is decided by a short list of questions that surface early and rarely change. Answering them takes reports, dispatch recordings, body camera footage, and laboratory documentation, most of which arrives only after counsel requests it.
- How the encounter began, and whether officers had a lawful reason to stop, detain, or search.
- Whether possession was personal and exclusive, or whether several people had access to the same space.
- Whether the substance was analyzed, by whom, and whether the chain of custody is intact.
- Whether statements were obtained properly, and whether the report accurately reflects what was said.
- Whether the client is a candidate for a treatment-based resolution rather than a punitive one.
Charges, Penalties, and Possible Outcomes in Drug Crime Cases
California treats many drug offenses as chargeable either as a misdemeanor or a felony, and which way a case is filed depends heavily on the alleged intent, the criminal history, and the individual prosecutor. That flexibility works in both directions: a case filed as a felony can be reduced, and one filed as a misdemeanor can sometimes be resolved without any conviction at all.
Some cases end in dismissal after a successful suppression motion, because evidence obtained through an unlawful search generally cannot be used. Others resolve through diversion programs, where charges are dismissed once a defendant completes what the court requires. Alternative sentencing programs can replace jail with treatment, supervision, or work furlough. Defendants whose conduct is connected to a diagnosed condition may qualify for mental health diversion. Only a small fraction of these cases are tried, but the ones that are tried tend to be the ones where the defense was prepared to go there. Prosecutors read that willingness accurately, and it changes what they are prepared to offer well before a trial date is ever set.
What Is The Drug Crime Case Timeline?
State drug cases follow a recognizable sequence, though the calendar depends on the courthouse and whether the case is a misdemeanor or a felony.
- Arrest and booking, followed by release on bail, on citation, or after a custody hearing.
- Arraignment, where the filed charges are read and a plea is entered. The charges here are frequently not the ones police recommended.
- Discovery and pretrial motions, including any challenge to the search or to statements taken during the stop.
- A preliminary hearing in felony matters, where a judge decides whether enough evidence exists to proceed.
- Resolution through diversion, a negotiated disposition, or trial.
Filing deadlines apply to the prosecution as well. Under Section 801, most felony charges must be brought within three years of the offense, and Section 802 gives one year for most misdemeanors.
What Should You Bring to Your Drug Crime Consultation?
The more of the paperwork we can see at the first meeting, the more specific the advice will be.
- The citation, complaint, or booking sheet you were given
- Your next court date and the department number
- Bail paperwork or release conditions
- The names of the officers and the agency involved
- Records from any treatment program you have already started
The consultation is free, and what you tell us stays between us. People are often surprised by how broadly case confidentiality protects these conversations, which matters when the honest version of events is complicated.
Drug crimes are some of the most common, and most serious, criminal charges that a California individual can face. But you don’t have to face your drug charges alone. Contact The Law Office of Elliott Kanter to protect your rights.
Drug convictions carry heavy consequences. Being convicted of a drug crime can have a serious impact on your life. First of all, there are possible fines. Getting a driver’s license can suddenly become more difficult. And you can even be denied financial aid for college. You could also face prison time and have a criminal mark on your record permanently. With your future at stake, you need an experienced San Diego drug crimes attorney on your side. The Law Office of Elliott Kanter can work with you to get your charges reduced or even get your case dismissed.
Common Drug Crimes in California
There are a number of different common drug crimes in the state of California including drug trafficking and drug possession.
(Click a statute below for additional information)
H+S 11350 Possession of a controlled substanceMisdemeanor – Up to 1 year in county jail
H+S 11351 Possession of a controlled substance for sale – Up to 4 years in state prison
H+S 11352 Transportation of a controlled substance – Up to 5 years in state prison
H+S 11552 Under the influence of controlled substances – additional penalties for large quantities
Misdemeanor possession – Up to 1 year in county jail (Higher penalties for larger quantities of drugs in possession)
Our lawyer can also help with the following charges:
- Drug Possession
- Drug Trafficking
- Drug Transportation
What Is Considered Drug Trafficking in San Diego?
The California Health and Safety Code Section (CHSC) 11352 defines the crime of drug trafficking as any:
“person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any controlled substance”
Drug Possession Charges
Possession, on the other hand, is defined is as having an illegal drug in your actual or constructive possession. The penalties and charges for the crime will vary depending on what type of drug was found, what your intent was, and how much of it you had in your possession. Penalties can range from an infraction all the way to a felony and can include jail time, large fines, or drug diversion programs.
If you are facing drug possession or trafficking charges, you will not automatically be convicted. An experienced attorney may be able to defend you against these charges by arguing the evidence was seized during an illegal search or the police planted it to strengthen the case. You may be able to argue you were not aware of the drugs or did not know they were illegal. In some cases, you could argue that you had a valid prescription for the drug, but this only works in cases involving prescription medication or marijuana.
To get the legal assistance you deserve, contact The Law Office of Elliott Kanter as soon as you find out you have been charged with a drug crime. The sooner you speak with an attorney, the faster he can start defending your rights against these serious charges. Contact attorney Elliott Kanter today to schedule your free legal consultation.
Are Drug Crimes Considered Felonies or Misdemeanors?
Depending on the details of the crime, the drug charges you face could either be misdemeanors or felonies. When is it a misdemeanor or a felony?
- Possessing Hard Drugs: Felony – If you get caught with any drugs harder than marijuana, such as cocaine or heroin, it becomes a felony. It must be proved that you were in control of the narcotic at the time of the arrest.
- Selling Drugs: Felony – If it looks like you were intending to sell any drugs, including marijuana, the charges are immediately considered a felony. In addition, prosecutors have more tactics at their disposal. They can use taped conversations as evidence. If they find any items normally associated with drug sales, they can include them as evidence. They may also use the testimony of people who report on suspicious activities such as excessive comings and goings around your home.
- Trafficking Drugs: Felony – You can be charged with narcotics trafficking even if you are not directly transporting the drugs. Anything you do to help with a sale of drugs can be considered a felony charge of conspiracy or aiding.
- Manufacturing Drugs: Felony – Growing marijuana illegally or using a lab to develop drugs can result in a felony charge.
What Is A Drug Infraction?
In some cases, drug crimes can even be infractions, which are less serious than misdemeanors, although this is not common. Possession of less than one ounce of marijuana is usually an infraction. If you are charged with an infraction, you will only face fines and will not face any jail time if you are convicted. But, if you are charged with a misdemeanor or a felony, you could face jail time and fines. For example, a drug trafficking conviction, which is a felony in the state of California, could lead to up to nine years in prison and steep fines.
That’s why it’s so important to work with an experienced attorney after you have been charged with any drug crime. Let knowledgeable and aggressive San Diego criminal defense attorney Elliott Kanter fight on your behalf to achieve the best possible outcome for your case. Elliott Kanter can represent you through every step of the legal process and possibly negotiate with the prosecutor to have your charges reduced. Call today to arrange for your free case evaluation with a criminal defense lawyer in San Diego.
A Criminal Defense Lawyer Can Help You Fight Your Drug Charges
What an experienced attorney can do for you: Having an experienced criminal lawyer can make all the difference in your case. Often for non-violent drug offenders, if you agree to a narcotic treatment program, you can receive a penalty that does not appear as a felony on your record. The Law Office of Elliott Kanter will try to get your charges lowered or dismissed. Sometimes the correct procedures are not followed by law enforcement officials and we can use this to your advantage. The following conditions may help you in your case:
- Fourth Amendment violations
- Warrants issued without probable cause
- Wiretapping and other illegal surveillance
- Miranda rights warnings omitted, abridged, or defied by police and prosecutors
- Statements and evidence illegally obtained or improperly allowed at trial
What Should You Do After Being Charged With A Crime?
The first thing to do if you are accused of committing a drug crime: give our lawyers a call to discuss legal representation. There’s so much at stake when you are charged with a drug offense, so don’t put your case in the hands of an inexperienced lawyer. Our attorneys have over 30 years of experience defending clients in criminal law cases. Our practice areas include sex crimes, drug crimes, probation violations, theft crimes, domestic violence, drug possession, expungement, DUI, assault and battery, elder abuse, white-collar crimes, and juvenile offenses. Don’t hesitate to contact attorney Elliott Kanter by phone or by email at [email protected] for a no-cost, no-obligation consultation today. Come into our law firm for a consultation and we will answer your questions, provide you with legal advice, and discuss the general legal process. Tell us your side of the story, and together we’ll get started.
California’s Laws on Drug Possession
11350.
(a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.
11351.
Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.
What is Considered Transportation of a Controlled Substance in San Diego?
11352.
(a) Except as otherwise provided in this division, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years.
Can You Be Arrested For Being Under the Influence of a Controlled Substance?
11552.
In any case in which a person has been arrested for a criminal offense and is suspected of being addicted to a controlled substance, a law enforcement officer having custody of such person may, with the written consent of such person, request the city or county health officer, or physician appointed by such health officer pursuant to Section 11551, to administer to the arrested person a test to determine, by whatever means is available whether the arrested person is addicted to a controlled substance, and such health officer or physician may administer such test to such arrested person.
California has a vast, in-depth penal code section on drug offenses. The penalties for carrying, using, selling, and transporting drugs are as follows:
- Misdemeanor possession, up to 1-year in county jail
- Possession with intent to sell, up to 4-years in state prison
- Transporting a controlled substance, up to 5-years in state prison
- Under the influence, minimum 90 days and up to 1-year in jail
- Note: the penalties can be much higher if large quantities of drugs are involved.