Drug Charges in San Diego can range from misdemeanors to serious felonies depending on the facts of the case.

In California, controlled substances are divided into categories based upon the perceived harm and dangerousness of addiction posed by that substance.   These categories, are called “Schedules”.  There are five drug schedules in California, the first being the substances that the Legislature has deemed the most dangerous.

The term “Narcotics”, refers to the drugs classified in Schedule I and Schedule II.  These are the controlled substances that the Legislature has deemed most dangerous and that pose the greatest risk of addiction.

Since controlled substances are divided up into different drug schedules, every criminal drug case depends on the type of controlled substance involved.  Other factors important to a case are, the quantity of the controlled substance involved, and whether the case involved a sale or personal use. 

In the past 30 years that our Office has been serving San Diego County, we have seen almost every kind of drug case. We are experienced drug attorneys providing personal quality representation to all San Diego County.

We handle all drug cases, including:

1. Possession of Marijuana
2. Possession of drugs for Sale
3. Cultivation / Manufacturing
4. Possession of Controlled substances without required prescription
5. All Under the Influence Cases

California Penal Code § 1000 (Deferred Entry of Judgement)

Under California Penal Code §1000, a person facing certain drug possession charges may be able to have their case dismissed if they attend a treatment program and abide by certain conditions.  Under PC 1000, a guilty plea is entered, while judgement and sentencing is put off for 18 months on condition the person attend treatment and abide by certain conditions. At the end of 18 months, if the person has done everything they have supposed to do, then the court will allow the guilty plea to be withdrawn and the charge will be dismissed.  Because a sentence is never imposed, it is like the charge never happened, and the persons record is free of any conviction.  This can be a very beneficial option for someone facing drug charges, however, you must meet certain criteria to qualify for this option.  Feel free to call our offices to discuss PC§1000.

Proposition 36

In 2000, California voters passed “The Substance Abuse and Crime Prevention Act”, which is more commonly referred to as “Proposition 36” or “Prop 36”.  This Act allows 1st and 2nd time nonviolent, simple drug possession offenders the opportunity to receive substance abuse treatment instead of incarceration.  Prop 36 is based on the idea that treatment is a better solution for substance abuse than incarceration.  However, Prop. 36 in San Diego is dependant on a variety of factors.  If you have questions regarding Prop 36, please feel free to give our offices a call.