Getting charged with a drug crime in San Diego can change your life fast. You may face jail, a mandatory minimum prison sentence, large fines, and a criminal record that follows you for years. Many people don't realize how serious even minor drug charges can be until it's too late.
These cases often involve controlled substances like crack cocaine, fentanyl, methamphetamine, or even prescription drugs. You could be charged with anything from drug possession to drug trafficking or even drug manufacturing depending on what law enforcement agencies claim.
Kenney Legal Defense helps people in San Diego fight drug crimes every day. Whether you're facing a drug offense for having a controlled substance or a federal drug trafficking charge, we work to protect your future. Our legal team understands both California criminal law and federal criminal law, including the Controlled Substances Act and California Health and Safety Code § 11377–11382.5.
With real trial experience and a clear legal strategy, we give you the strong defense you need.
Our San Diego Drug Defense Attorney Fights for Your Future
Drug charges in California can be confusing and frightening. The legal system treats many drug crimes as serious criminal offenses, even if you had no intent to sell or were simply in the wrong place at the wrong time.
Our San Diego drug crimes lawyer looks at every detail of your case and fights to protect your rights. Whether you're accused of possession of drug paraphernalia, smuggling drugs into federal prison, conspiracy, or being part of a fentanyl distribution network, our criminal defense attorney builds a defense based on experience and facts.
We fight to keep you out of jail, protect your record, and avoid minimum mandatory sentences tied to controlled substances and federal charges.
Common Drug Charges We Defend in San Diego
Drug cases come in many forms. Some of the most common drug charges we help people fight in San Diego are:
Drug Possession (HS 11350, 11377)
Being caught with a small amount of an illegal drug like crack cocaine, meth, or certain prescription drugs without a prescription can lead to a drug possession charge. Under California Health and Safety Code § 11350 and 11377, this is often a misdemeanor but can still result in jail time and a drug conviction on your record.
Possession with Intent to Sell (HS 11351)
If police think you had drugs to sell rather than for personal use, they may charge you under California Health and Safety Code § 11351. This charge usually applies when officers find large amounts of controlled substances, cash, or packaging materials. It can also involve conspiracy charges, especially in cases linked to drug cartel activity or designer drugs.
Drug Trafficking and Transportation (HS 11352)
Moving drugs from one place to another, even between cities, can lead to drug trafficking charges. California Health and Safety Code § 11352 covers the sale, transport, or distribution of Schedule I through Schedule V substances. These cases often lead to federal court, especially if there's evidence of drug smuggling or connections to the Drug Enforcement Administration (DEA).
Manufacturing Controlled Substances (HS 11379.6)
Making illegal drugs like meth in Clandestine methamphetamine labs is a serious offense. California Health and Safety Code § 11379.6 punishes anyone caught manufacturing drugs or even just helping with the process. These cases are often linked to federal law and come with long prison sentences.
Prescription Drug Offenses
It is illegal to sell, trade, or carry prescription drugs like Xanax (Schedule IV) or oxycodone (Schedule II) without a valid prescription. These prescription drug charges can include forging scripts, “doctor shopping,” or selling your own meds. Even if it's your first criminal offense, you can still face a drug crime charge with real consequences.
Penalties for Drug Crimes in California
- Drug Possession (HS 11350, 11377): Up to 1 year in county jail and/or a $1,000 fine
- Possession with Intent to Sell (HS 11351): 2–4 years in jail and/or large fines
- Drug Trafficking (HS 11352): 3–9 years in prison depending on the amount and location
- Drug Manufacturing (HS 11379.6): 3–7 years in state prison and a fine of up to $50,000.
- Federal Importation (Title 21 U.S. Code Sections 841, 952, 960): Federal penalties include longer prison terms, possibly mandatory minumums, and higher fines, especially when linked to international transport or continuing criminal enterprise activities
Defending Against Drug Charges in San Diego
Every drug case is different, and we treat it that way. A strong criminal defense lawyer looks at how evidence was collected, whether your rights were violated, and if the drug schedule matches the actual substance.
For example, if police found drugs during an illegal search and seizure or misclassified a controlled substance under the California Uniform Controlled Substances Act, your case may be dismissed.
Kenney Legal Defense challenges weak evidence, questions lab results, and uses proven trial strategies to protect your rights in both state and federal drug crimes defense cases.
Alternative Sentencing and Diversion Programs
In many drug cases, jail is not the only option. California offers alternative programs that focus on treatment instead of punishment. These can help first-time offenders avoid a permanent record.
California Drug Diversion (PC 1000, Prop 36)
California offers drug diversion programs for certain people charged with non-violent drug offenses. Under California Penal Code 1000 and Proposition 36, if you are accused of a drug crime like drug possession or possession of drug paraphernalia, and you meet the requirements, you may avoid jail by completing a treatment program.
These programs usually include drug education, counseling, and regular progress reports to the court. If you finish the program successfully, the charges may be dropped, and your drug conviction will not stay on your criminal record. This can help protect your job, your future, and your chance to avoid long-term consequences from a single drug offense.
Our San Diego drug crimes attorney helps you apply for diversion, prepares your documents, and presents your case to the judge in a clear and simple way.
Mental Health or Veterans Court Options
In some San Diego drug crime cases, the person charged may have mental health needs or may be a military veteran dealing with trauma or substance use. For these situations, there are special courts that offer support instead of jail. These include mental health court and veterans court.
These programs are designed to give people a second chance by offering counseling, treatment, and structure instead of prison time. If you qualify, your criminal defense lawyer can ask the court to let you enter one of these programs. Finishing the program can reduce or remove your criminal charges and help you move forward with your life.
Kenney Legal Defense helps you understand if you qualify, prepares your case, and supports you every step of the way.
How Drug Crime Convictions Affect Your Record and Future
A drug conviction in San Diego can follow you for years, even after you finish your sentence. It can show up on background checks, limit your ability to get certain jobs, and hurt your chances at school or with immigration. Drug crimes, including even a single possession charge, can affect both criminal and civil matters tied to your future.
Employment Background Checks
Most employers run background checks before hiring, and a drug conviction can make it harder to get a job. Whether the charge was for drug possession, drug trafficking, or prescription drug offenses, it may raise red flags for companies, especially if the job involves public trust, security clearances, or professional duties.
Even minor drug offenses linked to controlled substances or Schedule I drugs can disqualify you from certain industries.
College Financial Aid Eligibility
If you're applying for college or already a student, a drug conviction may stop you from receiving federal student aid. Crimes like drug manufacturing or possession with intent to sell are treated seriously under federal law, and losing access to financial aid could force you to drop out or delay your education. Some schools may also have their own policies that block enrollment for students with drug convictions.
Immigration Status
Non-citizens charged with drug crimes can face harsh consequences under federal immigration law. A drug conviction, even one that seems minor, can lead to deportation, denial of a green card, or refusal of U.S. citizenship.
Drug trafficking and drug manufacturing charges are especially serious, but even misdemeanor possession cases involving controlled substances may affect your status or lead to immigration holds by U.S. Customs and Border Protection.
Professional Licensing
A drug crime conviction can affect your ability to hold or renew a professional license in California. This includes licenses for careers in health care, education, law, or financial services. Many state boards ask about criminal offense charges and drug convictions during the license application process.
Even if the case involved a diversion program or a sealed record, licensing agencies may still have access and can use it to deny you.
Why Choose Our San Diego Drug Crimes Lawyer
1. Deep Knowledge of Drug Laws and Classifications
We understand how California drug laws and federal drug schedules work. From Schedule I drugs like heroin to Schedule V substances, we know how the schedule classification affects your case, your charges, and the possible penalties under the California Uniform Controlled Substances Act and the Controlled Substances Act.
2. Experience Handling Complex State and Federal Charges
Our legal team has defended clients in cases involving everything from drug possession to large-scale federal importation and continuing criminal enterprise charges. We are prepared to defend you in both California state court and federal court, especially in cases under Title 21 of the U.S. Code and Health and Safety Code § 11377–11382.5.
3. We Build a Personalized Legal Strategy for Your Case
No two drug crime cases are the same. Whether you are facing charges for drug trafficking, drug manufacturing, or possession of drug paraphernalia, we take time to understand the details and build a strategy that fits your situation, your needs, and the court system you're dealing with.
4. Skilled in Suppression and Search and Seizure Defense
Many drug cases start with a police stop or search. If your rights were violated, we fight to get the evidence thrown out. We look closely at how law enforcement agencies handled the case, whether they followed legal search and seizure rules, and whether your civil rights were respected.
5. Focus on Reducing or Dismissing Charges
Our goal is always to protect your future. Whether that means entering a drug diversion program, fighting the charges at trial, or working out a reduced sentence, we look for the best way to avoid jail and protect your record. We also work to limit the impact on your job, education, and immigration status.
FAQs
1. What should I do if I'm arrested for drug possession in San Diego?
Stay calm and do not speak to police without a criminal defense attorney present. Anything you say can be used against you. Call a lawyer right away who understands drug crime defense and search and seizure laws.
2. Are all drug charges treated the same in California?
No. Charges vary based on the type of drug, the amount, and what police believe you planned to do with it. Drug possession may be a misdemeanor, while drug trafficking or drug manufacturing can lead to felony or even serious federal charges.
3. Can I avoid jail with a first-time drug offense?
In many cases in state court, yes. Programs like drug diversion under PC 1000 or Proposition 36 may allow you to complete treatment instead of serving jail time. A skilled San Diego drug crimes attorney can help you apply for the right option.
4. Will a drug conviction stay on my record forever?
It can, unless you qualify for expungement or record sealing. Even sealed records may still be visible to government agencies or licensing boards. This can affect things like professional licensing or immigration status.
5. What if I was charged with a federal drug crime?
Federal drug crimes are serious and often involve minimum mandatory sentences. If you're facing federal importation, conspiracy charges, or trafficking linked to drug cartels or large-scale operations, you need a federal drug trafficking attorney with experience in both state and federal court.
Contact Our San Diego Drug Crimes Lawyer for a Free Case Quote Today
If you're facing drug charges in San Diego, you need legal help right away. Drug crimes can carry harsh penalties, including prison time, large fines, and a permanent criminal record. Whether you've been charged with drug possession, drug trafficking, prescription drug offenses, or even a federal case under the Controlled Substances Act, Kenney Legal Defense is ready to fight for you.
Our San Diego drug crimes attorney has real trial experience and a strong background in both state and federal criminal law. We know how to challenge illegal searches, fight conspiracy charges, and defend clients accused of serious drug offenses like meth manufacturing or fentanyl distribution. We take time to understand your case and build a legal strategy designed to protect your freedom and future.
Contact us today. We offer a free case quote and are ready to help you take the first step toward protecting your rights.