DRUG CHARGES
California criminal defense attorney Sean Tabibian and his aggressive criminal defense team are prepared to defend your rights if you have been accused or arrested for a drug crime in California.Our team of Criminal Defense Lawyers practice exclusively in the area of criminal defense. Our dedicated trial lawyers provide superior legal representation in defense of the accused. The Law Offices of Sean Tabibian & Associates serve in every county throughout the State of California.
(In California, controlled substances are narcotics, stimulants, opiates, depressants, hallucinogens, and anabolic steroids. It’s illegal to possess them without a prescription.)
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The most common types of drug crimes are:
- Possession for Personal Use
- Possession of Drugs for Sale
- Trafficking (transporting, buying, selling).
- Cultivating or Manufacturing
- Possession of drug paraphernalia
- Prescription Fraud
- Conspiracy to do any of the above
Conflict between State and Federal Law
Drug offense penalties can range from probation to county jail or state prison. Assets such as a car or anything else linked to the drug crime could be taken away by Forfeiture Proceedings. One could also lose their driver’s license, have to pay a fine, and/or be required to register as a narcotics offender.How the crime is charged and punished depends on the whether the drugs were for personal use or for sale, and if the defendant has a prior conviction.
Sentence Enhancements
When a person is charged with a drug crime, certain circumstances can lead to enhanced charges and sentences. Drug charges and sentences may be enhanced if the person sold drugs to a minor, solicited a minor, or if the person has prior drug and/or criminal convictions. These enhancements can lead to a longer prison sentence, larger fines, and lengthier probation terms.ALTERNATIVE SENTENCING AND AVOID JAIL
Alternative Sentencing is available as an alternative to jail. Sometimes an appropriate punishment is a community-based programs, such as community service, work release programs, and graffiti clean up, as well as drug and alcohol rehabilitation programs. Alternative Sentencing is punishment and must fit the crime and are subject to eligibility.Other Applicable Laws
School Zones
Patients should avoid possession of marijuana in school zones, as there are typically additional penalties for the possession, use, and cultivation of marijuana near schools, whether it is for medical or recreational use. California patients and caregivers have been the targets of extreme charges and harsh penalties for medical marijuana in these "Drug Free School Zones." If a patient or caregiver possesses, cultivates, transports, or distributes marijuana near a school, the federal penalties can be stiff. These Drug Free School Zone laws can double the maximum sentences in federal court. SB 420 explicitly states that it does not authorize the smoking of marijuana "in or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence." SB 420 says nothing about cultivation of marijuana near schools and recreational centers.Firearms
Firearms can also result in harsher sentencing. "Any person who, during any drug trafficking crime for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall:- Be sentenced to a term of imprisonment of not less than 5 years;
- If the firearm is brandished, not less than 7 years; and
- If the firearm is discharged, not less than 10 years." Although the U.S. Constitution confers a right to carry firearms, we have seen many patients face extreme legal consequences for having firearms in addition to plants.
- Your state ID card does not include your name.
Civil Asset Forfeiture
Federal law provides for the forfeiture of property and profits obtained through or used in the commission of felony drug offenses. Prosecutors are encouraged to include forfeiture offenses in all drug indictments. This can apply to landlords who rent to people considered in violation of federal law, and therefore could be used against the landlords of patients who cultivate or use their medicine on the premises.Travel
Under California law, a qualified patient with a California recommendation may only possess, cultivate and transport medicine in California. A California recommendation does not provide an affirmative defense in other states (except in Montana), so do not bring your medicine across state lines with an expectation of legal protection. Also, DO NOT bring your medicine to the airport (even if you are flying within California). Federal Transportation Security Administration (TSA) employees will security screen you and, upon finding your medicine, they are likely to turn you over to local authorities for state charges.Becoming a Legal Patient
The CUA allows seriously ill people to legally grow and use marijuana as medicine. In order to qualify under California law, a patient must have a doctor's recommendation or approval. A doctor may recommend or approve the medical use of marijuana for any condition for which it provides relief.Ask Your Regular Doctor for a Recommendation
Be forthright with your doctor. There is nothing wrong with using medical marijuana or discussing it with your doctor. A federal court has ruled that, under the First Amendment, doctors may not be punished for recommending medical marijuana.- Ask for a written recommendation. Although an oral one is acceptable, it is difficult to verify. A written recommendation is more helpful in defending oneself against criminal charges.
- Tell your doctor specifically what condition or symptoms you treat with marijuana. Honestly describe the amount of marijuana you use, how often, and by what delivery method.
- When recommending quantities of marijuana for medicinal use, doctors may recommend a certain amount based on your need and experience with what works. If this amount is above the state minimum or local guidelines, doctors do not need to specify an amount; they only need to note that a patient requires more to meet their medical need than the guideline amount for that jurisdiction.
- If your doctor does not issue medical marijuana recommendations, you may need to visit a medical marijuana specialist.
STATE ID PROGRAMS
http://www.cdph.ca.gov/services/Pages/MMPCounties.aspx#lBecoming a Legal Caregiver
Health and Safety Code 11362.5, the California medical marijuana law, protects patients and their primary caregivers from prosecution for marijuana law violations. By state law, a designated caregiver is allowed to possess, manufacture, and provide marijuana, in all its varieties and forms, for the patient in his/her care. The caregiver is not allowed to use this marijuana for his/her personal use, nor can s/he provide this medicine to non-qualified patients.There is no official registration system to become a caregiver for a medical marijuana patient, so it is a good idea to draft an agreement yourselves. This can be an oral or written agreement in which the patient designates you as his/her "primary caregiver." At this time, you should discuss the needs of your patient, related to both medical marijuana and other care, decide a plan of action, and then get to work.
The role of caregiver is more clearly defined in the law's text as an "individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person." While this definition is quite broad, it is clearly intended that legal caregivers should assist patients in matters of personal health and well-being, which include, but reach beyond, assisting with the provision of medical marijuana.
This assistance could include consistently growing, transporting, and otherwise obtaining medical marijuana for patients, helping patients get to health care appointments, shopping for food and personal care items for home-bound patients, arranging safe housing, helping with rental applications, or assisting with a move, organizing social outings and special events, gardening, pet care, household chores and other typical, attendant-style care. It is helpful to have a signed agreement between the patient and caregiver.
Sensible Medical Marijuana Use
Patients and caregivers should educate themselves about medical marijuana and understand the benefits and potential side effects of this medicine. By being a sensible medical marijuana user and making informed decisions, you can be as healthy as possible and help change the way people think about medical marijuana use. Guidelines for Sensible Medical Marijuana Use:- Always listen to the advice of your doctor and use good judgment when using medical marijuana.
- Carefully determine the amount of marijuana that is right for you. Start with a small amount and slowly increase your dosage to find the proper level for symptomatic relief.
- Inform yourself about marijuana’s effects on yourself and others. These effects include legal and health risks, as well as potential personal consequences.
- Clearly understand the benefits of marijuana and relief that its use provides you. Be able to explain your use to people who desire information about your use of marijuana as a medicine.
- Never use medical marijuana as an excuse or cue for antisocial or irresponsible behavior.
- Avoid medical marijuana use that puts you or others at risk, such as when driving, at work, or in public places. Remember, you can still be arrested for marijuana use and penalties can be stiff. As with any other prescription medication, it remains illegal to drive while under the influence.
- Medical marijuana should contribute to, rather than detract from, health, well-being, work, and relationships.
- Always carry a copy of your physician's recommendation or caregiver's agreement and recommendation with your medical marijuana.
- In addition, although the state-issued ID card is not necessary to obtain the protection of California's medical marijuana laws, law enforcement is more likely to honor ID cards, so it is a good idea to carry your ID card with you.
- NEVER CONSENT TO A SEARCH. The cops are not there to be your friends they are interested in arresting you.
- DO NOT WAIVE YOUR MIRANDA RIGHTS. Ask if you are free to leave. If not. Politely ask to have your attorney present during any questioning.
- KEEP YOUR MOUTH SHUT
- ALWAYS KEEP YOUR RECOMMENDATION WITH YOU. If you get arrested and a cop wants to ignore your recommendation, politely ask to have a supervisor take notice of your recommendation and gettheir badge number.
- DO NOT PACKAGE YOUR MEDICINE IN SMALL BAGGIES OR KEEP EXTRA BAGGIES or PACKAGING MATERIAL ON YOU. Law enforcement will try to charge you with Possession/Transportation for Sales, a much more serious felony. Avoid keeping any Scale on you or your car.
- IF YOU GROW Stay within the guidelines and DO NOT KEEP GUNS. Secure the garden in a locked room or devise another way to deny access to children.
- KEEP YOUR BONG, PIPE, MEDICINE etc OUT OF PLAIN VIEW.
- DO NOT SELL OR GIVE MEDICINE TO ANY UNAUTHORIZED PERSONS
- DO NOT MEDICATE & OPERATE A VEHICLE DUI arrest on patients are on the rise. Let the officer know that you are aware Field Sobriety Tests (FSTs) are completely voluntary. Do not agree to perform any of theses FST tests. Politely refuse to do the field sobriety exercises. However, you must submit to a chemical breath or blood test under the "implied consent" law. DO NOT REFUSE THE CHEMICAL TEST - Refusal of the chemical test will lead to harsher penalties. Let your lawyer fight and challenge the results and the arrest.
- Everything you tell your lawyer is privileged & confidential and cannot be used against you. Be honest with your attorney so that are there are no surprises in court. The best defense team is an informed defense team!
- MAKE NO MISTAKE ABOUT IT- THE GOVERNMENT HAS EXPERIENCED PROSECUTORS WHO ARE COMMITED TO WORK AGAINST YOU - IF YOU GET ARRESTED, CONTACT MY OFFICES IMMEDIATELY AND WE WILL DEFEND YOU.
