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Despite the state’s permissive approach to cannabis use, drug trafficking remains a serious criminal charge in California. While the punishment for trafficking cannabis remains low, trafficking harder drugs can result in several years of imprisonment. Understanding how to beat a drug trafficking charge in California might preserve your freedom and future.
Drug Trafficking Definition
Drug trafficking often conjures images of cartel semi-trucks carrying tons of drugs across the border. However, California uses a very broad definition of trafficking that includes performing or offering to perform any of the following activities involving controlled substances:
- Transport
- Import into the state
- Sell
- Furnish
- Administer
- Give away
The amount and type of substance determine the punishment. Trafficking cannabis has the least severe punishments, with community service and drug education for minors and up to six months in jail for adults.
The state imposes the harshest punishments for trafficking drugs formerly classified as narcotics. This charge can result in up to nine years of imprisonment.
How to Beat a Drug Trafficking Charge in California: 5 Common Defenses
You have several possible defenses to drug trafficking charges, including the following:
1. Lack of Knowledge
You must know you are carrying drugs to commit drug trafficking in California. Thus, if someone else hid the drugs in your car and you had no knowledge of them, your lawyer can assert that you did not commit the offense.
2. No Intent to Sell
California’s drug trafficking statute specifically defines “transport” as transport for sale. If the drugs found in your possession were for your personal use, prosecutors might not be able to prove you fall under the statute.
However, the facts must support your claim of personal use. If the police found a scale, baggies, cash, or other evidence of drug sales, a jury might not find your defense credible. Additionally, even if you beat a trafficking charge, you might still face drug possession charges.
3. Illegal Search
Under the Fourth Amendment of the U.S. Constitution, officers cannot conduct unreasonable searches and seizures. Typically, this means officers need either a search warrant or exigent circumstances plus probable cause to legally search you for drugs. Judges must throw out any evidence collected in violation of this right.
4. Lawful Medication
It is illegal to possess prescription drugs without a prescription in California. However, you can lawfully possess, transport, and use some controlled substances with a properly issued prescription. If you have a prescription for the drugs found in your possession, you might not have committed trafficking.
5. Entrapment
Entrapment is a difficult defense, but it may apply when you are the subject of a police sting. While you must admit you violated the letter of the law, you can defend yourself by proving that you had no predisposition to traffic drugs and only committed the violation because the police induced you to do it.
Effective Defenses to Federal Drug Trafficking Charges
Facing drug trafficking charges in federal court is serious, but several defenses may apply depending on the facts. One common defense is a lack of knowledge or intent. Federal prosecutors must prove that you knowingly transported or distributed illegal substances. If you were unaware that drugs were in your vehicle or belongings, your attorney may argue that you lacked the intent required to be convicted.
Another defense is illegal search and seizure. Federal agents like the DEA must follow strict constitutional rules when conducting searches. If they didn’t have a proper warrant or probable cause, any drugs found might be inadmissible in court. A successful motion to suppress this evidence can seriously weaken the government’s case.
Lastly, entrapment may be a defense, particularly in sting operations. If federal agents pressured or persuaded you to commit a crime you wouldn’t have otherwise committed, your lawyer may argue that you were unlawfully induced into trafficking drugs. While harder to prove, this defense can be effective under the right circumstances.
Contact Us to Discuss Your Drug Trafficking Charges
A drug trafficking charge can result in harsh punishment, including significant jail or prison time. The attorneys at The Law Office of Elliott Kanter APC have over 40 years of experience protecting clients facing criminal charges in the Golden State.
To learn more about how to beat a drug trafficking charge in California, contact us today by filling out our online form or calling 619-231-1883 to schedule a consultation.
California Drug Trafficking FAQs
What Weight Will Trigger a Drug Trafficking Charge?
California law allows prosecutors to pursue trafficking charges for any amount of drugs. However, they must prove that the drugs were “transported for sale.” Police officers and prosecutors will generally use their common sense to determine what amount would reasonably imply sale rather than personal use.
How Can Prosecutors Charge Someone With Trafficking Cannabis After Legalization?
Cannabis growing and transportation are permitted for personal use. You must have a license to grow, transport, sell, or even give away cannabis for any other reason, though. For example, legally buying a large amount of cannabis so that you can repackage and resell it can constitute trafficking if you do not have a license.
