Cocaine Laws In California

Cocaine is a serious crime.

According to DrugAbuse.gov, cocaine accounts for nearly 7% of drug treatment admissions in Los Angeles County.

It also accounts for around 20% of the drugs analyzed by the National Forensic Laboratory Information System for the county. While these numbers are down overall over the past several years, cocaine is still a big presence in the area.

We’re going to take a closer look at the cocaine laws in California so you have a better understanding as a resident.

Let’s get started.

What is cocaine?

Cocaine is a stimulant made from the South American coca plant and typically comes in the form of a white powder. It may be snorted, inhaled, or injected and causes intense feelings of happiness or agitation. It is highly addictive and can permanently alter the chemistry of the brain. It can cause high blood pressure, high body temperature, increased heart rate, and other side effects. High doses can be fatal.

Cocaine may be further processed into crack cocaine, which comes in the form of rocks. Crack cocaine is typically smoked and is highly addictive.

Cocaine possession, use, and sale are illegal in the United States. In California, cocaine is classified as a Schedule II drug. Crack cocaine is classified as a more serious Schedule I drug. Until this year, the sentences for crack cocaine crimes were more severe than those for powder cocaine crimes – sometimes including more than twice as much jail time. This year, the Fair Sentencing Act equalized the sentences for crimes related to both forms of the drug. In this article, we’ll use “cocaine” to describe both forms.

There are two main categories of cocaine-related offenses in California: possession and distribution.

Cocaine Possession in California

The law recognizes two different types of cocaine possession: possession for personal use and possession for sale or distribution. Possession for personal use covers small amounts of cocaine found on your person or in an area that you control. That may include a backpack, car, or home.

In late 2014, California voters approved Proposition 47, a measure that changed cocaine possession for personal use from a felony to a misdemeanor offense. Instead of up to 3 years in state prison, those convicted of possession of cocaine for personal use can only be sentenced to 1 year or less in county jail. Those who were previously convicted of cocaine possession for personal use may be eligible for reclassification and resentencing.

Possession of larger amounts of cocaine may result in a charge of possession for sale. This means that the prosecutor believes that you purchased cocaine in order to resell it to other people. You don’t have to get caught actually selling the drug; you just have to possess enough that the prosecutor believes it’s not just for personal use. As with possession for personal use, the cocaine may be on your person or under your control. This is a more serious charge and is not covered by Proposition 47. Possession for sale is punishable by imprisonment for 2-4 years.

Cocaine Sale or Distribution in California

If the state has evidence that you were actually selling cocaine, you may be charged with sale or distribution of a controlled substance. This is a more serious charge than possession with penalties of to 2-4 years in state prison. You can be charged with distribution of cocaine even if no money changed hands; transporting, giving away, providing for use, or otherwise distributing cocaine in any way all fall under the same umbrella. Attempting to distribute cocaine is also illegal; you don’t actually have to succeed in the sale.

If you are convicted of selling cocaine to a minor, selling cocaine within 1000 yards of a school, or selling cocaine in a public area, you may be subject to even more severe penalties. Depending on the circumstances surrounding the sale in question, you may face up to 9 years in state prison.

Larger Amounts of Cocaine

The law provides for extra penalties where large amounts of cocaine are involved. These penalties are added on to those imposed for the possession or distribution of cocaine in general.  It’s measured by weight, so a small amount of very pure cocaine will be punished less severely than a large amount of very dilute cocaine.

• More than 1 kg: 3 additional years in prison
• More than 4 kg: 5 additional years in prison
• More than 10 kg: 10 additional years in prison
• More than 20 kg: 15 additional years in prison
• More than 40 kg: 20 additional years in prison
• More than 80 kg: 25 additional years in prison

Cocaine Paraphernalia

Not only is it illegal to possess or distribute cocaine, but it’s illegal to possess paraphernalia related to cocaine use. That may include vials for storing it, scales for weighing it, pipes for smoking it, and more. In order to convict you of possession of drug paraphernalia, the court will need to show that you knew about the item’s presence and purpose and that you had control over the item. If you’re caught with a crack pipe in hand, for example, the court will have an easier argument that you did know about and control the item. If you’re pulled over with a friend in the car and police find a crack pipe in your friend’s pocket, on the other hand, it’s clear that you don’t have control over the item.

It’s also illegal to sell equipment for use in “planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.” California Uniform Controlled Substances Act § 11014.5(a). In determining whether a given object is paraphernalia, the court will consider the advertising for the product, the way it’s displayed, the instructions included with the product, and other evidence.

Other Cocaine Laws in California

You may run into cocaine-related legal trouble even if you’re not using it. These are just a few of the crimes associated with cocaine:

• Being present in a room where cocaine is being used if you’re assisting, aiding, or abetting the use
• Knowingly renting a space to tenants who are using the space to make or store cocaine; this is punishable by up to a year in county jail
• Possessing, selling, or manufacturing cocaine in a room designed to prevent the entry of law enforcement officers; this is punishable by 3-5 years in prison
• Using or building a false compartment to transport cocaine; this is punishable by imprisonment for up to a year
• Possession of a loaded gun in addition to possession or sale of cocaine; this is punishable by imprisonment for 2-4 years

Proposition 36 And Nonviolent Offenders

Proposition 36, passed in late 2000, gives those convicted of nonviolent drug offenses for the first or second time the opportunity to enter a drug rehabilitation and treatment program for up to a year rather than go to prison. Only nonviolent offenders are eligible for Prop 36. This law is designed for personal possession crimes, so it also doesn’t apply to those convicted of possession for sale or distribution. Finally, it only applies to those who are only facing a drug charge. You’re not eligible for Prop 36 if you’re also facing a non-drug-related charge or if you were in possession of a firearm at the time of the offense.

In addition to Prop 36, the California Penal Code offers a “Diversion” or “Deferred Entry of Judgment” program. This program is open to nonviolent, first-time offenders who have not been convicted of a felony within the past 5 years. Like Prop 36, this law allows the offender to enter a treatment and rehabilitation program rather than go to jail.

Ask A Lawyer

If you’re facing a cocaine-related charge, it’s time to find an attorney who can help you manage your case. The law surrounding cocaine and other controlled substances is complex and you need an experienced criminal lawyer on your side to ensure that your rights are respected.