In general, drug crimes include the use, possession, and distribution of certain
controlled substances.  Drug crimes have become one of the most common types of
crimes taking up the courts time in California and most other jurisdictions.  

Often the single most important question in a drug case is how did the police
obtain the drugs?  Did they have a search warrant?  Was it an illegal search and/or
seizure?  Typically if the drugs are found in the Defendant's possession then the
best possible defense is a motion to suppress the drugs based on a violation of the
Defendant's 4th Amendment rights.  

Another important question in drug cases is whether the Defendant is charged
with personal use versus sale of drugs.  In November of 2000, the California voters
passed Proposition 36, known as the Substance abuse and Crime Prevention Act.  
Under Porp 36 a Defendant convicted of possession or transportation for personal
use MUST be sentenced to probation and cannot be given prison time.  There are
other facts that may affect this and it is, however, still possible for prison to be
served in a personal use case.  



Not all drugs are considered illegal, only those specifically described in the
California Heath and Safety Code.  The law is specific as to what chemical
compounds are outlawed, thus, the slightest deviation in chemical makeup of a
substance can result in it not being subject to criminal prosecution.  The most
common drugs are cocaine, heroin, marijuana, and various amphetamines and
meth.




According to the Health and Safety Code, there are four basic elements to a
possession crime: (1) exercised control over, or the right to control, the drug in
question; (2) had knowledge of its presence; (3) had knowledge of its nature as a
controlled substance; and, (4) the substance was in an amount sufficient to be
used as a controlled substance.

Depending on the facts of each specific case, a common defense in drug possession
cases is to attack each of or one of these four elements.   




For further information on drug offenses, please contact our office directly.  There
are numerous types of drugs and drug laws.  Each specific case and each specific
set of facts can vary the type of law violated, the defense used, and/or the
sentencing and punishment upon conviction.

All of these issues can be very complex and very case specific.  Thus, it is difficult to
give too much general information regarding drug crimes without knowing the
specific facts of your case.  
DRUG CRIMES
WHAT ARE CONTROLLED SUBSTANCES?
POSSESSION CRIME - ELEMENTS
FURTHER INFORMATION
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Law Offices of Brian R. Mason.  858-444-5256.  Attorney Brian R. Mason, California State Bar No. 257420, is responsible for
this web page.  This web page is meant for information purposes only.  Nothing in this page shall be construed as legal advise
and nothing in this page creates an attorney client relationship with anyone reading the page.   Additionally, the recent results
posted above do not guarantee victory in any individual case, results may vary.  This page is meant only as a general and
broad reference to the definition of some Drug crimes.  However, this page does not list all elements to every Drug
crime, nor does the page list all defenses.  Every case is different and based on the facts of that particular case.  Do not
rely on this information in any legal proceeding.
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