| Possession for Sales | | | | and has a high potential for abuse and addiction. |
| Possession for sales of illegal drugs may be | | | | Street methamphetamine is referred to by many |
| classified as a misdemeanor, felony, or "wobbler." | | | | names, such as "speed," "meth," and "chalk." |
| A misdemeanor is a crime punishable by a | | | | Methamphetamine hydrochloride, clear chunky |
| maximum of one year imprisonment in county jail. | | | | crystals resembling ice, which can be inhaled by |
| A felony is punishable by imprisonment in the | | | | smoking, is referred to as "ice," "crystal," "glass," |
| state prison. Either of these classifications may | | | | and "tina." . |
| include fines. A felony term in state prison may | | | | Possession of methamphetamine for sale is |
| have a range of years for sentencing purposes. | | | | punishable by imprisonment in the state prison for |
| For example, there may be the option of a 2, 3, | | | | 3, 4, or 5 years. |
| or 4 year term. This is referred to as the low, | | | | Heroin |
| mid, or high term. The mid term is generally given, | | | | Heroin is processed from morphine, a naturally |
| unless there are factors which cause the judge to | | | | occurring substance extracted from the seedpod |
| give the lower or higher sentences. Aggravating | | | | of the Asian poppy plant. Heroin usually appears |
| factors are also referred to as "enhancements." It | | | | as a white or brown powder. Street names for |
| is important to note that there are 3 crimes that | | | | heroin include "smack," "H," "skag," and "junk." |
| serve as "enhancement crimes." The sentence for | | | | Other names may refer to types of heroin |
| these "enhancement crimes" is double or triple | | | | produced in a specific geographical area, such as |
| what it might otherwise be for distributing that | | | | "Mexican black tar." |
| particular amount and type of drug under other | | | | Any person who transports, imports into |
| circumstances. The 3 enhancement crimes are: | | | | California, sells, furnishes, administers, gives away, |
| 1. Distributing controlled substances to people who | | | | or offers to transport heroin, or import into this |
| are under 21 years of age. | | | | state is punished by imprisonment in the state |
| 2. Distributing controlled substances near a school. | | | | prison for 3, 4, or 5 years. |
| 3. Causing people under the age of 18 to violate | | | | Any person who transports heroin for sale within |
| drug laws. | | | | California, from one county to another |
| A "wobbler" is a crime punishable as either a | | | | noncontiguous county shall be punished by |
| misdemeanor or felony. It is up to the prosecutor | | | | imprisonment in the state prison for 3, 6, or 9 |
| to charge the offense one way or the other, and | | | | years. |
| if convicted, up to the judge to sentence the | | | | California Health and Safety Code Section 11352.5 |
| case either way. For example, a conviction on a | | | | reads: |
| felony wobbler may be sentenced as a | | | | "The court shall impose a fine not exceeding fifty |
| misdemeanor, which is allowable under the penal | | | | thousand dollars ($50,000), in the absence of a |
| code. | | | | finding that the defendant would be incapable of |
| Marijuana | | | | paying such a fine, in addition to any term of |
| The California Health & Safety Code 11018 | | | | imprisonment provided by law for any of the |
| defines what marijuana is: | | | | following persons: |
| "Marijuana means all parts of the plant Cannabis | | | | (1) Any person who is convicted of violating |
| sativa L., whether growing or not; the seeds | | | | Section 11351 of the Health and Safety Code by |
| thereof; the resin extracted from any part of the | | | | possessing for sale 14.25 grams or more of a |
| plant; and every compound, manufacture, salt, | | | | substance containing heroin. |
| derivative, mixture, or preparation of the plant, its | | | | (2) Any person who is convicted of violating |
| seeds, or resin. It does not include the mature | | | | Section 11352 of the Health and Safety Code by |
| stalks of the plant, fiber produced from the | | | | selling or offering to sell 14.25 grams or more of a |
| stalks, oil or cake made from the seeds of the | | | | substance containing heroin. |
| plant, any other compound, manufacture, salt, | | | | (3) Any person convicted of violating Section |
| derivative, mixture, or preparation of the mature | | | | 11351 of the Health and Safety Code by |
| stalks (except the resin extracted therefrom), | | | | possessing heroin for sale or convicted of violating |
| fiber, oil, or cake, or the sterilized seed of the | | | | Section 11352 of the Health and Safety Code by |
| plant which is incapable of germination." | | | | selling or offering to sell heroin, and who has one |
| Possession of marijuana is a misdemeanor under | | | | or more prior convictions for violating Section |
| California Health and Safety Code Section 11357. | | | | 11351 or Section 11352 of the Health and Safety |
| Possession of one ounce (28.5 grams) or less is | | | | Code." |
| punishable by a maximum $100 fine; jail time is | | | | Ecstasy |
| possible for larger amounts or for hashish, which | | | | Ecstasy is an illegal substance and so |
| is an optional felony wobbler. Giving away less | | | | manufacturers are not subject to regulation and |
| than 28.5 grams is a misdemeanor and is | | | | quality control. The only way to find out exactly |
| punishable by a fine of up to $100. Selling | | | | what is in a particular pill, and in what quantity, is |
| marijuana in any amount is punishable by 2, 3 or 4 | | | | to have it laboratory tested. In the 1980's the |
| years in the state prison. Sale of marijuana to a | | | | drug MDMA |
| minor is punishable by 3, 4, or 5 years in prison. | | | | (3,4-Methylenedioxy-N-Methylamphetamine) began |
| Possession offenders can avoid conviction by | | | | to be known as 'Ecstasy' (e) and it remains the |
| making a guilty plea under Penal Code 1000, in | | | | drug that ecstasy-users hope and expect to get |
| which case their charges are dismissed upon | | | | when they purchase a pill or powder sold as e. Pills |
| successful completion of a diversion program. | | | | sold as ecstasy might contain other psychoactive |
| Possession offenses are expunged from the | | | | substances, commonly amphetamine (speed). LSD |
| record after two years under Health and Safety | | | | (acid) has been found on occasions in a small |
| Code Sections 11361.5 and 11361.7. | | | | number of pills |
| Cocaine | | | | Any person who possesses Ecstasy for sale shall |
| Cocaine is a drug extracted from the leaves of | | | | be punished by imprisonment in the state prison. |
| the coca plant. It is a potent brain stimulant and | | | | Every person who transports, imports into this |
| one of the most powerfully addictive drugs. It is | | | | state, sells, furnishes, administers, or gives away, |
| classified as a Schedule II drug. | | | | or offers to transport, import into this state, sell, |
| It is a felony to possess cocaine for sale. Anyone | | | | furnish,administer, or give away, or attempts to |
| who is convicted of possessing cocaine for sale | | | | import into this state or transport any controlled |
| may be punished by imprisonment in the state | | | | substance shall be punished by imprisonment in |
| prison for 2, 3, or 4 years. | | | | the state prison for a period of 2, 3, or 4 years. |
| It is a felony to transport, import into California, | | | | Any person who transports Ecstasy for sale |
| sell, furnish, administer, or give away, or offer to | | | | within California, from one county to |
| transport, import into this state, sell, furnish, | | | | anothernoncontiguous county shall be punished by |
| administer, or give away, or attempts to import | | | | imprisonment in the state prison for 3, 6, or 9 |
| or transport cocaine into California. This offense is | | | | years. |
| punishable by imprisonment in the state prison for | | | | PCP |
| 3, 4, or 5 years. Notwithstanding these penalty | | | | Phencyclidine, commonly known as PCP, is |
| provisions, any person who transports cocaine for | | | | classified as a hallucinogen and has many of the |
| sale within California from one county to another | | | | same effects as LSD, but can be much more |
| noncontiguous county shall be punished by | | | | dangerous. |
| imprisonment in the state prison for 3, 6, or 9 | | | | In its original state, PCP is a white crystalline |
| years. | | | | powder. PCP is available in tablet, liquid, and |
| Cocaine Base or Crack Cocaine | | | | powder forms and is either ingested orally or |
| Crack is cocaine that has been processed from | | | | smoked by applying the liquid form to tobacco or |
| cocaine hydrochloride to a free base for smoking. | | | | marijuana cigarettes or by lacing these and other |
| Crack cocaine is processed with ammonia or | | | | cigarettes, sometimes containing herbs such as |
| sodium bicarbonate (baking soda) and water. It is | | | | mint or parsley, with PCP powder |
| then heated to remove the hydrochloride | | | | Every person who possesses PCP for sale or any |
| producing a form of cocaine that can be smoked. | | | | precursor of PCP shall be punished by |
| The term "crack" refers to the crackling sound | | | | imprisonment in the state prison for a period of 3, |
| heard when it is heated. | | | | 4, or 5 years. |
| It is a felony to possess cocaine base for sale or | | | | Any person who transports, imports into |
| purchase for the purposes of sale. A conviction | | | | California, sells, furnishes, administers, gives away, |
| for this offense is punishable by imprisonment in | | | | or offers to transport PCP or import into this |
| the state prison for a period of 3, 4, or 5 years. | | | | state is punished by imprisonment in the state |
| Methamphetamine | | | | prison for 3, 4, or 5 years. |
| Methamphetamine is an addictive stimulant drug | | | | Any person who transports PCP for sale within |
| that strongly activates certain systems in the | | | | California, from one county to another |
| brain. Methamphetamine is chemically related to | | | | noncontiguous county shall be punished by |
| amphetamine, but the central nervous system | | | | imprisonment in the state prison for 3, 6, or 9 |
| effects of methamphetamine are greater. | | | | years. |
| Methamphetamine is made in illegal laboratories | | | | |