Intro to Drugs by Darren Kavinoky

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Intro to Drugs
by Darren Kavinoky

Intro
California is the nation’s leader in drug arrests. A drug arrest causes major havoc in a person’s life, because the penalties are harsh, with imprisonment in county jail or state prison. A drug arrest can follow a person through their whole life, because a criminal record lasts a lifetime. Although there are many different types of drugs, the most commonly prosecuted are:
• Marijuana
• Cocaine
• Cocaine based drugs, like “crack”
• Methamphetamine
• Heroin
• Ecstasy
• PCP
The following is a brief overview of the general rules under California law dealing with illegal drugs:
• No person may possess any controlled substance as defined by the California Health and Safety Code.
• No person may possess or purchase any controlled substance for the purpose of sale.
• No person may transport or import into this state any controlled substance for the purposes of selling, furnishing, administering or giving away.
• No person shall possess items known as drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
The penalties for drug crimes range from mandatory treatment programs, classes, probation, to very severe consequences, such as county jail or state prison. Charges are generally based upon quantity, intent to sell or distribute and other factors such as weapons possession or use, evidence of sales activity, having large amounts of money, among others. The seriousness and ultimate punishment for drug crimes normally depends upon the quantity of the drug, the classification under the Health and Safety Code drug schedule, and the purpose of the possession. The purpose of the possession refers to whether the drugs were for personal use or for sale. The following are the general penalties normally given out for drug crimes:
• The penalty for possession of a controlled substance is punishable by fines up to $500 and/or imprisonment in the county jail and/or state prison.
• The penalty for possession of controlled substance for sale or purchase of controlled substance for the purpose of sale is punishable by imprisonment in the state prison for two, three, or four years.
• The penalty for importing into this state or transporting a controlled substance for the purpose of selling furnishing, administering or giving away is punishable by imprisonment in the state prison for three, four, or five years.
• The penalty for possession of drug paraphernalia is punishable by fines up to $1,000 and/or imprisonment in the county jail and/or state prison.
Proposition 36 is a ballot initiative that sends drug offenders to treatment programs instead of prison and has great potential for treating abusers of drugs rather than simply sending them to jail. Proposition 36 generally applies to three classes of people: 1) those with new convictions for drug possession or being under the influence, 2) persons on probation for drug possession or under-the-influence offenses, and 3) persons on parole with no prior convictions for a serious or violent felony.

People with new convictions for drug offenses qualify for treatment provided that they are not convicted of sale or manufacture or any non-drug crimes at the same time. Offenders are excluded if they have a prior conviction for a serious or violent felony (a

Author's Biography:

Darren Kavinoky is the founding partner of The Kavinoky Law Firm, a

criminal defense law firm with six offices throughout California. The

attorneys of the firm take pride in their constant continuing legal

education and unparalleled one-on-one client service. Every attorney at

the firm particpates in ten times the amount of education required by

the state bar.

In addition, the attorneys provide each client with a personal cell

phone number, and they make themselves available to clients at all

times. The attorneys of The Kavinoky Law Firm understand that there is

only one case that matters to you: yours! They are dedicated to treating

each client with personal service to ensure satisfaction.

Darren has defended numerous high-profile clients, developed key

relationships with media leaders, and earned public support for clients