Narcotics / Drugs / Controlled Substances

Drug offenses run the gamut from simple possession of marijuana (Health and Safety Code section 11357(b)), methamphetamine (Health and Safety Code section 11377), and cocaine (Health and Safety Code section 11350) in state court to possession for sale, sale, manufacturing and distribution of controlled substances in state or federal court (Health and Safety Code sections 11350, 11351, 11352, 11351.5, 11358, 11359, 11364, 11377, 11378; 21 U.S.C. §§ 841, 844, 953).  California law advocates treatment rather than punishment for nonviolent drug offenders who are charged with offenses of simple possession or under the influence.

For most people charged with their first drug offense involving simple possession of a controlled substance, California law provides for Deferred Entry of Judgment. (Calif. Penal Code section 1000)  Under this program, the person pleads guilty and is directed to participate in an out-patient drug program.  If the person completes the program and does not pick up a new case for 18 months to three years, there is no conviction and the arrest is deemed never to have occurred.  (Penal Code section 1000.4) 

Even those individuals prosecuted for drug offenses who have prior drug convictions or significant criminal records may be eligible for drug treatment instead of incarceration.  In November 2000, California voters passed Proposition 36, the Substance Abuse and Crime Prevention Act, which requires courts to place many defendants in a non-residential treatment program and prohibits imposing jail sentences under many circumstances.  (Penal Code section 1210)  Proposition 36 also helps those people who relapse while participating in court ordered treatment stay out of jail. 

In 1996, California voters approved Proposition 215, the Compassionate Use Act of 1996, which allows Californians to possess, use and cultivate marijuana for medicinal purposes.  (Health and Safety Code section 11362.5)

At Nolan, Armstrong & Barton, LLP, we are knowledgeable about drug laws, medical marijuana and all the available treatment options.  When appropriate, we also encourage our clients to pursue psychological counseling or participate in drug and alcohol treatment programs.  In cases involving sales or manufacturing of drugs, where treatment options are not generally available, we draw on our extensive legal experience to present the best defense.  We pursue claims that detentions, arrests, searches or wiretaps were unlawful.  We are not afraid to aggressively defend drug charges at trial.