California Cocaine Laws: What Happens After Arrest?

9 Mar, 20

• in Laws

Facing a cocaine charge in California can be confusing. It’s often more complicated than simple possession. The Drug Enforcement Administration (DEA) lists cocaine as a Schedule II drug for a reason—it has a high potential for abuse. As Bail Bonds agents, we see how often people are caught off guard by the specifics of their charges. Understanding the nuances of California cocaine laws is the first step. This guide will walk you through the different offenses so you know exactly what you’re up against.

Before the passage of Proposition 47, most drug charges in the state were felonies. However, the penalties for cocaine possession for personal use have gone down to a simple misdemeanor with up to a year in jail and/or a $1,000 fine. Under Penal Code Section 1000, which was passed by Proposition 36 in 2000, most people arrested for personal possession qualify for pretrial diversion. That means that if they complete a drug treatment program, they will not face further penalties. Naturally, after Proposition 47 was passed in 2018, drug prosecutions in California for felony offenses plummeted.

However, these reforms to California cocaine laws do not apply to most sex offenders and people who have been convicted of violent crimes. Additionally, these reductions of offenses and pretrial diversion opportunities are only available to individual users. California cocaine laws remain the same for possession with intent to distribute (PWID). PWID cocaine under 1kg is a felony that is two, three, or four years in prison, and a fine not to exceed $20,000. PWID cocaine base carries the same maximum fine, but three, four, or five years in prison. The penalties are far more severe for those caught with greater than 1kg of cocaine or its base. The sentence for this stacks on top of the sentence for PWID, and it adds 3 to 25 years in prison and potentially fines not to exceed $8 million. This is an interesting deviation from the trend of lightening penalties for cocaine possession in California. Marijuana DUI In California

Though drug charges related to trafficking are seen as the most serious, those trafficking cocaine locally are subjected to identical penalties to those caught selling or attempting to sell cocaine base: three, four, or five years in prison. However, they substantially increase when the offender crosses multiple county lines with cocaine. Although the number of county lines crossed is notoriously difficult to prove during drug prosecutions in California, the prison sentence becomes three, six, or nine years.

Returning to simple cocaine users, California cocaine laws have many oddities. For example, under Health and Safety Code 11550 HS, it is a misdemeanor to simply be “under the influence” of cocaine. Sentencing rules are identical to those under Penal Code Section 1000, other than that it is an unconditional misdemeanor. Regardless of previous convictions, this will not be a felony. The only conditions for conviction are that the person knowingly took the drug “immediately before arrest” and their mental or physical condition is somehow affected. Oddly, there is no stipulation that the person must be in public to commit this offense. On the bright side for those convicted, the conviction must be expunged after the sentence is carried out, although there most often is no jail sentence.

Driving Under the Influence of Drugs (DUID), including cocaine, carries a fairly standard jail sentence up to six months, fine of between $390 and $1,000, and a possible license suspension. The infrequently enforced “Driving While Addicted to Drugs” charge carries essentially the same misdemeanor penalties. However, there is no requirement that a person actually is under the influence of cocaine while driving to be convicted of this. If an officer knows a certain person is addicted to it, or the person states they are, they can be arrested if found driving. The only exception to this law is if the person is currently enrolled in a drug addiction treatment program. Notably, there is no exception for someone who is dependent upon a prescription drug that they are legally prescribed.

Although penalties for cocaine possession for personal use have been curtailed, those in the Bail Bonds industry will still be plenty busy due to the many laws criminalizing activities that are bound to occur if someone is using cocaine.

Frequently Asked Questions

What’s the biggest difference between being charged with personal use versus possession with intent to distribute? The difference is huge and completely changes the outlook of your case. A charge for personal cocaine use is now a misdemeanor in California, which often leads to opportunities like drug treatment programs instead of jail time. Possession with intent to distribute, however, is a serious felony. It carries severe penalties, including several years in prison and fines up to $20,000, so the distinction is critical.

If I’m arrested for simple possession, can I really avoid jail? Yes, for many people, it’s a definite possibility. California law allows for pretrial diversion for most first-time drug possession offenses. This means if you are eligible and successfully complete a court-approved drug treatment program, your charges can be dismissed. This path helps you avoid both jail time and a conviction on your record, but it isn’t available to everyone, especially those with a history of violent crime.

How much does the amount of cocaine I have on me matter? The amount is one of the most important factors in a cocaine-related case. While a small quantity for personal use is a misdemeanor, possessing larger amounts suggests an intent to sell and triggers felony charges. The penalties increase dramatically with weight. For instance, getting caught with over a kilogram of cocaine adds a separate and lengthy prison sentence on top of the original charge, with fines that can reach into the millions.

Can I get in trouble for driving if I used cocaine the day before? You certainly can. A DUID charge isn’t about when you used the drug, but whether it is impairing your ability to drive safely at that moment. California also has a unique law against “Driving While Addicted to Drugs.” Under this statute, you could be charged even if you aren’t high while driving, simply based on evidence of addiction. The only exception is for individuals actively enrolled in a recognized treatment program.

Is it actually illegal to just be under the influence of cocaine, even in private? It might sound strange, but yes, it is. In California, you can be charged with a misdemeanor for simply being under the influence of cocaine, and it doesn’t matter if you are in public or at home. The prosecution just needs to show that you knowingly used the drug and that it affected your mental or physical condition. On the positive side, this conviction is usually cleared from your record after the sentence is completed.

Key Takeaways

• Personal use is treated differently than selling: California law now classifies simple cocaine possession for personal use as a misdemeanor. This often allows individuals to qualify for drug treatment programs instead of facing harsher penalties.
• Selling or transporting cocaine carries severe penalties: Unlike simple possession, possessing cocaine with the intent to sell or transport it remains a serious felony. These charges come with significant prison time and fines that increase with the amount of cocaine involved.
• Charges extend beyond simple possession: You can face criminal charges for actions other than just having or selling cocaine. Offenses like driving under the influence of drugs or even just being under the influence in private can lead to separate legal consequences.

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