Drug Offenses
Federal Government Cracking Down on Landlords in Effort to Put Marijuana Dispensaries Out of Business
While it is legal under California law to open and operate a marijuana dispensary it is not legal under federal law. For many years the federal government took little or no action to shut down these businesses. Then the federal government attempted to go after individual marijuana dispensary businesses with little success because they would succeed in closing one operation to only see ten others open up in nearby areas.…
Read More
Farrah Fawcett And Ryan O’Neal’s Son Arrested And Jailed For Drug Arrest
Redmond O'Neal was arrested and jailed in Los Angeles County after officers found heroin in his car. O'Neal is the son of actors Farrah Fawcett and Ryan O'Neal. Officers say they found heroin in O'Neal's vehicle after they stopped him for a traffic violation. O'Neal completed a drug diversion program stemming from a previous drug arrest, and is currently on probation as a result of that arrest in Los Angeles…
Read More
I have been arrested for selling drugs. What can I do about it? – California Health and Safety Code Section 11351
California law prohibits the possession of certain controlled substances or other illegal drugs for the purposes of sale. Such drugs include hydrocodone, PCP, cocaine, heroin, morphine, and codeine.Under California Health and Safety Code Section 11351, being in possession of drugs with the intent to sell them is a felony offense. A conviction can result in a two, three, or four-year prison sentence.A violation of HS 11351 is different from a…
Read More
MILEY CYRUS SMOKING SALVIA NOT A CRIME UNDER CALIFORNIA LAW – PC 379
On December 10, 2010, video allegedly taken by one of Miley Cyrus' friends appears to show her inhaling smoke from a bong. Sources later disclosed that the alleged substance in the bong was not marijuana, but salvia. Salvia is a psychoactive drug like marijuana, but unlike marijuana, it is completely legal to possess or use if a person is 18 years or older. (P.C. 379.) If a person is under…
Read More
Judge Openly Skeptical of Los Angeles Marijuana Law – Health and Safety Code Section 11357
Superior Court Judge Anthony J. Mohr is skeptical about the propriety of several provisions in LA's new marijuana laws. Mohr expressed his concerns at a hearing last Tuesday for lawsuits filed by collectives and patients challenging the constitutionality of the city's new law. Especially perplexing to Mohr is a provision that requires collectives – many of them marijuana dispensaries that supply pot for "donations" – to make patient lists openly…
Read More
Treatment of Substance Abuse For Prisoners Can Lead To Less Drug Crime And A Lower Prison Population
Most people would likely agree that drug crimes were a major contributing factor in the alarming increase in the number of Americans currently incarcerated in the various penal institutions in the country. The overpopulation in our prisons is partly due to the increase in drug crime rate. At Wallin & Klarich, our drug crime attorneys have seen a significant increase since our firm started over 30 years ago. America's so…
Read More
Drug Charges – California Health and Safety Code 11358
According to a report by KTLA, Shaun Rothwell, 30, Shane Dearth, 29, and Thomas Nichols, 30, all of Los Angeles, were arrested in Torrance, California. The three were taken into custody after a marijuana hydroponics farm was found by police in a building located on the 17100 block of Figueroa Street in Gardena. Rothwell, Dearth, and Nichols were each charged with "marijuana cultivation, possession of marijuana for sale and theft…
Read More
What Can Constitute “Possession” for the Purposes of Possession of a Controlled Substance? Health and Safety Code Sections 11350 & 11377
Under California law, a person is recognized to have "possession" of a tangible object when they have personal charge or control of, or exercise the right of ownership or management over the tangible object. It is important to understand that possession of a controlled substance in California may be actual or constructive. Constructive possession is not as straightforward as actual possession, but constitutes possession nonetheless. "Constructive possession" can apply in…
Read More
The Difference between Possession of Drugs and Possession of Drugs for Sale Charges – California Health and Safety Code Section 11350 & 11351
How an Experienced Southern California Drug Defense Attorney Can Help You If the police detain you for any reason and you are caught with drugs you may be charged with drug possession. But, if the police believe that you possessed the drugs in order to sell them, then that is a separate charge called "possession for sale." What would give police the proof that you intended to sell the drugs…
Read More
Possession for Sale of Marijuana – California Health and Safety Code Section 11359
Anyone charged with possession for sale of marijuana should speak with an experienced drug possession attorney in Southern California. Possession for sale of marijuana is a serious crime that comes with harsh penalties and consequences. California Health and Safety Code Section 11359 makes it a felony for anyone to unlawfully possess marijuana for the purpose of sales. To be convicted under Section 11359, it needs to be proven that the…
Read More