Drug Crimes
At Nolan Barton Olmos & Luciano we have a demonstrated history of representing clients charged with both state and federal drug crimes. California drug offenses run the gamut from simple possession of controlled substances, such as methamphetamine and cocaine, to the sale, possession for sale, and cultivation of controlled substances. (Health and Safety Code sections 11350, 11351, 11351.5, 11352, 11357, 11357.5, 11358, 11359, 11364, 11377, 11378.) Federal law also prohibits the distribution, transportation, importation, exportation, manufacturing, or cultivation of controlled substances. (21 U.S.C. sections 841, 842, 843, 844, 849, 952, 953.)
Federal law punishes drug crimes much more severely than California state law. Federal drug charges often involve larger quantities of drugs or the movement of drugs over state lines or international borders. When federal charges are filed, the government may also file a civil forfeiture suit, seeking to seize property or assets.
California law advocates treatment over punishment for nonviolent drug offenders who are charged with offenses of simple possession or being under the influence of drugs. (For example, Health and Safety Code sections 11350, 11377, 11550, etc.) For most people charged with a drug offense involving simple possession of a controlled substance, California law allows a judge to give the defendant pretrial diversion. (Penal Code section 1000.) Under this program, the person is directed to participate in an outpatient drug program. (Penal Code section 1000.1.) If the person is not convicted of a violent offense or felony for the next 12 to 18 months, the case is dismissed and the arrest is deemed never to have occurred. (Penal Code sections 1000.2, 1000.3, 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. The Substance Abuse and Crime Prevention Act, passed in 2000, requires that courts place many people charged with drug crimes in non-residential treatment programs and prohibits imposing jail sentences under many circumstances. (Penal Code section 1210.1.) The Act also helps keep people out of jail who relapse while participating in court-ordered treatment.
In 2014, California voters passed Proposition 47, which changed many drug possession offenses from felonies to misdemeanors. Proposition 47 also entitled many individuals who had previously been convicted of felony drug possession offenses to request that their felony offenses be reduced to misdemeanors. (For more information see the section of our website on Reducing the Consequences of an Arrest or Conviction.) However, in late 2024, California voters approved Proposition 36, which reversed some of the punishment reductions of Proposition 47. Certain possession offenses involving ìhard drugsî that were once treated as misdemeanors can now be charged as ìtreatment-mandated felonies.î (Health and Safety Code section 11395.)
So too, the California laws around marijuana possession and use are constantly changing. The Compassionate Use Act of 1996, allows Californians to possess, use, and cultivate marijuana for medicinal purposes. (Health and Safety Code section 11362.5.) Then in 2003, California enacted the Medical Marijuana Program Act, which, among other things, granted limited immunity to individuals who cultivate marijuana as part of a collective or cooperative organization. (Health and Safety Code section 11362.765.) In 2016, pursuant to the Adult Use of Marijuana Act, California legalized simple non-medicinal possession of marijuana for adults twenty-one years and older and reduced the penalties for cultivation, possession for sale, and sales of marijuana. These laws, also known as Proposition 64, also permit people previously convicted of some felony marijuana offenses to have their convictions reduced to misdemeanors.
At Nolan Barton Olmos & Luciano, we are knowledgeable about drug laws and all the available treatment options. When appropriate, we 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-based diversion programs are not generally available, we draw on our extensive legal experience to present the best defense. We often pursue claims that detentions, arrests, searches or wiretaps were unlawful. (For more information see the Motion Practice and Unlawful Searches section of our website.)
We are not afraid to aggressively defend drug charges at trial. Attorneys at Nolan Barton Olmos & Luciano have successfully defended at jury trial both state and federal charges of drug possession, drug sale, possession for sale, manufacturing, and conspiracy. The attorneys have also successfully assisted medical marijuana users and caregivers in defending their cases based on the Compassionate Use Act.