San Diego Criminal Defense

101 W. Broadway, Suite 1770 | San Diego, CA 92101

This site is for information only. Use of this website does not create an attorney client relationship. This site is not legal advice. Legal advice is specific direction related to the unique circumstances of your legal issue. This website is not a substitute for a consultation with a California licensed criminal defense attorney. We invite you to contact us with any legal or criminal defense question you might have. 


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San Diego Criminal Lawyer

San Diego Prescription Drug Defense Attorney

Get Help From An Experienced Presciption Drug Criminal Defense Attorney

Call the Criminal Law Defense Center to protect your rights, your family and your future. 

California Prescription Drug Crime Defense Lawyer

How an experienced San Diego drug crime defense attorney will defend your case.

Prescription drug crimes are more commonly charged now than at any point in our history.  The police are careful to observe and document possession of controlled substances without a prescription, and the consequences can be far more serious than a simple misdemeanor, even after the passage of Prop 47.  

Most Commonly Abused Prescription Drugs

Dollars in sales 2014

OxyContin (Oxycodone)...........................  $3.2 Billion


Suboxone (buprenorphine HCl)..............  $2.1 Billion


Adderall (amphetamine)....................  $1.5 Billion


Ambien (zolpidem tartrate)..............  $900 Million


Xanax (alprazolam).....................$500 Million

Possession of Controlled Substance


Sale or Transportation of a Controlled Substance


Possession for Sale of Narcotics


Under the Influence of a Controlled Substance


California Drug DUI

Most Commonly Charged Prescription Drug Crimes


FAQ About Prescription Drug Crimes

Click for answers. 

Am I elgible for prop 47?


Do I qualify for a diversion program?


Is probation possible?


Can I expunge my record?



Practice Areas

If you live in the San Diego area and have been arrested for a drug crime, you need an attorney to protet your rights and get your case dismissed by:


* Challenging the search and seizure of your person. 


* Challenging information from bogus informants.


* Challenging the police report for misinformation or outright lies. 


* Filing motions to supress evidence


An experienced California drug crime lawyer knows that there are many ways to examine a case for issues of police misconduct, evidentiary issues, and knows how to exploit the prosecution's case to get you a dismissal or that not guilty verdict you deserve. Some of the more common drug crimes are:

Health & Safety Code 11350 HS 

Possession of a Controlled Substance


California Health & Safety Code 11350 HS makes it a misdemeanor to possess narcotics.  Examples of narcoics are: cocaine, crack, heroin, ecstasy, ketamine, GHB and even prescription drugs such as Vicodin, Xanax, or Codeine (if they're not lawfully prescribed). Most people who are charged under HS 11350 are eligible for Proposition 36 or PC 1000 drug diversion.


(Note: In November 2014, California Proposition 47 changed the classification of a HS 11350 from a felony to a misdemeanor. If you or a loved one were convicted of possession of a controlled substance as a felony, prior to November of 2014, then you may be eligible to be re-sentenced under Proposition 47 to a misdemeanor).



Health & Safety Code 11351 HS 

Possession for Sale of Narcotics


Health & Safety Code 11351 HS makes it a felony to possess illegal drugs for the purpose of selling them. This is a more serious crime than simple possession, therefore those charged with HS 11351 are not eligible for Proposition 36 or PC 1000 drug diversion.


There are a number of factors that the police and prosecutors will evaluate when they assess whether a suspect possessed narcotics for the purpose of a sale.  This crime punishes possession of large quantities of drugs, regardless of the possessor acrually intended to sell the drugs, or was "just holding them" for someone else. The quantity of the drugs, their packaging (if split into smaller packages or just one large package, scales, weapons, and/or large sums of case are all possible means of increasing a simple possession charge to a possession for sale charge. It is not uncommon for many innocent people get accused of HS 11351 when, in fact, they only possessed the drugs for personal use.


Health & Safety Code 11352 HS

Sale or Transportation of a Controlled Substance


Health & Safety Code 11352 HS usually involves the possession of drugs in an automobile.  HS 11352 makes it a felony to sell, furnish, administer, give away, transport or import into California an illegal narcotic. Many HS 11352 cases are brought by undercover sting operations where a decoy officer performs a "controlled buy." Sometimes these controlled buys violate laws against entrapment, and can be dimissed on those grounds.  



Health & Safety Code 11379.6 HS 

Manufacturing Drugs & Narcotics


Health & Safety Code 11379.6 HS criminalizes the manufacturing or creation of a drug, including the combination of multiple drugs to form a new synthetic.  The cutting of cocaine with base agents to dilute concentration and the "gel-capping" of multiple ground presciption drugs could land you with a charge for a violation of HS 11379.6