Los Angeles Criminal Defense Lawyer Blog

In what could become a new legal hurdle for those accused of drug crimes, the U.S. Supreme Court has agreed to hear a case involving the use of a cell phone to purchase drugs. The ultimate court of appeals, the U.S. Supreme Court will decide whether someone who uses his own cell phone to buy small amounts of cocaine for his own use is guilty of a felony. The law in question says that using a phone to facilitate a felony is itself a serious crime. At issue is whether the law should apply only to drug sellers or to drug users as well.

In California, both the sale and possession of drugs or controlled substances are illegal. Controlled substances include narcotics, stimulants, opiates, depressants, hallucinogens and anabolic steroids. Possession of any of these drugs without a valid prescription is a crime. California drug offenses fall into four main categories:

• Possession of drugs for personal use which includes being under the influence of drugs. You can also be charged for the possession of drug-related paraphernalia such as pipes, bongs, etc.


• Possession of drugs for sale, including the intent to sell as evidenced by the presence of drug packaging, weighing scales, cutting agents, traffic to and from your home, fortified windows, conversations with police informants and undercover officers. Wiretapped phone conversations from landlines, portable phones and cell phones can also be used to prove the intent to sell drugs.


• Trafficking in drugs, including the transport, import, purchase or sale of drugs or controlled substances. Aiding, abetting or conspiring with someone to sell or purchase illegal drugs is also illegal.


• Cultivation or manufacture of illegal drugs, including the planting, growing and harvesting of marijuana. Possessing the chemicals necessary to manufacture methamphetamine, rock cocaine or other drugs is also a crime.

With the exception of many marijuana cases, most drug crimes are felonies and carry stiff legal penalties. Conviction of a California drug crime can send you to county jail or state prison. Your car, home and any other assets related to a drug crime can be seized. You can lose your driver's license, be required to pay stiff fines in the tens of thousands of dollars and be ordered to register as a narcotics offender. Charges and punishment generally depend on the type and quantity of the drugs involved, whether they were for sale or personal use, and any prior convictions.

California aggressively prosecutes drug crimes. Repeat offenses can result in severe penalties. Fox example, a second offense for selling narcotics adds a minimum 3 additional years to your sentence. California's Three Strikes Law can result in even longer mandatory sentences.

Next Monday: Defending drug crimes