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, 11352, 11351.5, 11358, 11359, 11364, 11377, 11378.) Federal offenses involve the distribution, transportation, importation, manufacturing or cultivation of controlled substances. (21 U.S.C. sections 841, 844, 846, 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 out-patient drug program. (Penal Code section 1000.1.) If the person is not convicted of a violent offense or felony for the next 12-18 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.) Proposition 36 also helps keep out of jail people who relapse while participating in court-ordered treatment.
The California laws around marijuana possession and use are constantly changing. 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.) 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 11362.775.) In 2016, 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 permit people previously convicted of some felony marijuana offenses to have their convictions reduced to misdemeanors.
In 2014, California voters passed Proposition 47, which changed many drug possession offenses from felonies to misdemeanors. Proposition 47 also entitles 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 Post-Conviction Proceedings, Criminal Appeals, & Habeas Corpus section of our website.)
At Nolan Barton Olmos & Luciano, we are knowledgeable about drug laws 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 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 both state and federal charges of drug possession, drug sale, possession for sale, manufacturing and conspiracy at jury trial. The attorneys have also successfully assisted medical marijuana users and caregivers in defending their cases based on the Compassionate Use Act.