California Cocaine for Sale Laws
Cocaine for sale is the subject of numerous law enforcement and health resources investigations. Cocaine, also known as crank, speed, ice, or snow, is a Schedule II substance with a high potential for abuse. The use and possession of cocaine base are subject to penalties in many states across the United States. In addition, the use and sale of cocaine can have serious social and legal consequences, especially if the drugs are used on a regular basis. Those who are arrested for cocaine possession face serious penalties, including jail time, fines, probation, community service, and drug addiction treatment.
The penalties associated with cocaine possession depend upon the state in which the defendant was arrested. In Maryland, for example, the penalties range between one and five years’ imprisonment, a fine of up to $15,000, or both. Likewise, in Florida, the minimum penalties for cocaine possession range between one and ten years’ imprisonment, a fine of up to $10,000, or both. Although these charges are federal offenses, each state has different laws regarding cocaine possession. Because the amount of the drug may be an issue in some states, the penalties can become very different depending on whether one is actually caught with the substance or not.
Cocaine for sale charges often become much more serious when they are brought against those who travel outside of the state. In California, for example, the penalties become far more severe when cocaine is used in the commission of another crime. For instance, if one is caught in violation of the law by California state prison officials and transported to the California state prison on a federal highway, the penalties can include a maximum of 15 years in state prison. These penalties become even more severe if the defendant attempts to sell the cocaine in any other state. Selling or transferring the drugs to a state other than California increases the penalties and makes it very difficult to avoid prison in such cases.
Understanding the Sentencing Dissimilarity Between Simple Possession and Cocaine For Sale Laws
Although many people do not spend much time thinking about California’s cocaine for sale laws, simple possession of the drug is still a serious matter. The penalties associated with simple possession can range from a misdemeanor to a felony. In most cases, simply carrying a small amount of the drug in your body without a valid prescription is sufficient for a misdemeanor offense. However, if the amount you possess is large enough to be sold, or if you sell the drugs in any other way, including selling or giving the drugs to others, you could end up with a felony charge.
If you are facing a charge in California based upon simple possession of cocaine, the first thing you should do is contact a qualified defense attorney. A defense attorney can advise you as to whether there are certain circumstances that can reduce the severity of your sentence. In most cases, the charges will be stayed until the case has concluded. In some cases, the charges may be dismissed if the defendant takes an initiative to go to rehab. In addition, if a defendant pleads no contest to a state charge of cocaine base, the conviction will become a dismissal for lack of evidence.
If you have been given a cocaine base charge and it was found that the amount you were carrying was in violation of California law, the California State government will not automatically dismiss the charges against you. Instead, the state government will have to seek a judgment of dismissal on your behalf. In order for this to happen, the prosecution must prove that you possessed an amount of cocaine that was more than the amounts specified in your plea agreement or state penal code. In many cases, the prosecuting attorney will simply present a dosage chart for the drug, which will essentially serve as proof that you possessed a sufficient amount for violating the law. However, a defense attorney will be able to show that the amounts on the chart were calculated based on improper math, and will thus create a disproportionate impact on you.