San Diego Drug Crime Lawyer
Under California law it is a felony to sell or distribute any controlled substance or prescription drug without a license in the state to do so. Even attempting or offering to sell or distribute drugs constitutes a drug crime in San Diego and may subject a person to the maximum sentences provided under the law.
Additionally, if the offense involves distributing to minors, using minors to facilitate a sale, or even if it occurs within a certain distance from a school, much larger fines and a substantially longer prison sentence will be given. The prosecution need only prove that (1) you engaged in the act of sale or distribution of the drug, and (2) that you had actual knowledge of the drug and willful intent to sell or distribute.
California’s laws are tough on the sale and distribution of drugs for fear of potential violence that follows the drug trade. Punishment under HS§ 11352 alone can include as much as a nine year prison sentence per incident, if the drugs are alleged to be distributed or sold across county lines. Given the broad spectrum of culpability and the wide range of sentencing possibilities under HS § 11352, the court will consider several sentencing criteria, including:
- the type of drug being transferred;
- the geographic location of the sale or distribution; across state county lines or imported from another country;
- the amount being transferred; and
- whether or not there were any minors involved.
Challenging Sales and Distribution Charges
Depending on the circumstances of the search discovering the drugs alleged to have been transported or sold, it may be possible to challenge the admissibility of the controlled substance as improperly seized evidence resulting from police misconduct. Law enforcement must abide by particularly strict constitutionally protected guidelines that govern all searches of persons or property, seizures of contraband, and arrests.
Though the prosecution’s entire case may turn on the admissibility of improperly seized evidence, it may not be used against you provided your defense meets the burden of proving that the officer’s conduct violated constitutional guidelines. While this is not an impossible burden by any means, it is certainly in your best interest to hire an aggressive and smart attorney with the skills necessary to challenge the conduct of law enforcement.
Charges for Sale or Distribution of Medical Marijuana
A myriad of legal issues arise in the sale or distribution of medical marijuana. Despite the passage of Prop 215, legitimate medicinal marijuana patients, growers, and owners of legitimate dispensaries who choose to grow, sell, and/or distribute medicinal marijuana are finding themselves prosecuted under this section as well. Though the right to distribute medicinal marijuana is provided for within California’s Health and Safety Code, because the constitutionality of medical marijuana is still unsettled in the eyes of many law enforcement officers, prosecuting attorneys, and even in some courts, charges continue to be filed and criminal proceedings instituted against individuals wrongfully accused of illegal distribution.
Even with the law on their side, without proper representation, these individuals can still face the threat of incarceration and substantial fines. San Diego County has become a forefront of the medical marijuana battle. If you are a medical marijuana patient who has been arrested for the sale or distribution, call Attorney Marc Kohnen to retain the powerful defense you need.
Need a San Diego drug lawyer?
If you are arrested and charged under HS § 11352, it is imperative that your lawyer understands how to craft your best defense, given the facts of your case and the application of these elements. Obtaining experienced and knowledgeable representation can drastically increase your chances of minimizing the penalty, or having your charges dismissed on motion.
The team at The Law Office of Marc S. Kohnen has years of experience aggressively and passionately fighting for individuals accused of the sale or distribution of drugs. If you or a loved one has been arrested and charged with selling or distributing a controlled substance, call the office today for a complimentary consultation regarding your options in this pressing matter.
“When I met Marc, I was immediately relieved. His calm and professional demeanor was exactly what I needed. He handled my case without a hiccup.”
Heather M. | Rosemead, CA
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Our Law office
Contact The Law Office of Marc S. Kohnen if you have been arrested and charged with a crime and need a skilled San Diego criminal defense lawyer. The firm represents clients throughout the community, and you can learn about their services by visiting the Areas We Serve page.Office of Marc S. Kohnen
1350 Columbia Street, #700
San Diego, CA 92101