Drug Crimes in Los Angeles and Orange County: Possession, Sale & Manufacturing of Controlled Substances

Drug crimes remain some of the most commonly prosecuted offenses in California, even amid shifting legislation around marijuana and controlled substances. In Los Angeles and Orange County, drug charges can range from low-level possession to serious manufacturing or distribution operations that trigger felony sentencing enhancements. Understanding the nuances of California drug laws—including Proposition 64, the Health and Safety Code, and available defenses—can mean the difference between incarceration and dismissal. This guide provides a detailed breakdown of possession, sale, and manufacturing charges, and how experienced criminal defense attorneys can intervene early to protect your rights.

I. Drug Possession Charges (Health & Safety Code §11360)

California classifies drug possession under several categories depending on the type of drug, the amount, and the circumstances of the arrest.

A. Simple Possession

• Applies to small amounts for personal use
• Most commonly charged under HS §11360(a)
• Examples: carrying a small bag of cocaine, MDMA, or methamphetamine

Penalties:

• Misdemeanor
• Up to 1 year in county jail
• Drug diversion program eligibility under PC §1000

B. Possession of Controlled Substances (Schedule I, II, III)

• Includes substances like heroin, LSD, oxycodone, fentanyl, and methamphetamine
• Enhanced penalties if found near schools or with prior convictions

II. Possession for Sale (Health & Safety Code §11360.5)

Possession with intent to sell is a felony under California law and is typically charged when the following are present:

• Large quantities of drugs
• Packaging materials (baggies, scales)
• Cash or multiple cell phones

Examples:

• A person found with 20 baggies of cocaine and a scale in South Los Angeles
• Methamphetamine discovered in a vehicle during a traffic stop in Irvine

Penalties:

• 2 to 4 years in county jail
• Fines up to $20,000
• Asset forfeiture and immigration consequences

III. Drug Manufacturing (Health & Safety Code §11351)

Drug manufacturing includes cultivating, compounding, converting, or processing controlled substances.

Common Charges:

• Operating a meth lab
• Butane hash oil extraction without a license
• Cultivating more marijuana than legally permitted under Prop 64

Penalties:

• 3 to 7 years in prison
• Enhancements for proximity to children or schools
• Environmental damage charges if hazardous materials are involved

IV. Marijuana Laws: Proposition 64 (Adult Use of Marijuana Act)

Prop 64 legalized recreational marijuana for adults 21 and over, but still imposes limits.

Legal Activities:

• Possessing up to 28.5 grams of marijuana
• Growing up to 6 plants per residence
• Sharing small amounts without compensation

Illegal Activities:

• Selling marijuana without a license (HS §11360.1)
• Possessing more than the allowed amount
• Possession by minors or in school zones

Penalties:

• Most offenses are infractions or misdemeanors
• Unlicensed sale can result in felony charges

V. Enhancements and Aggravating Factors

In both Los Angeles and Orange County, prosecutors may add sentence enhancements based on:

• Prior drug convictions
• Proximity to schools
• Gang affiliation (PC §186.22)
• Large quantities (triggering federal interest)

These enhancements can double sentences or trigger state prison over county jail.

VI. Defense Strategies in Drug Cases

Experienced defense attorneys use various strategies to reduce or dismiss drug charges:

A. Illegal Search and Seizure (Fourth Amendment)

• Drugs found during an unlawful traffic stop or home search may be suppressed

B. Lack of Knowledge or Control

• Especially in shared spaces or vehicles, the defendant may not have known drugs were present

C. Entrapment

• In sting operations, if law enforcement induced the crime, charges may be dismissed

D. Diversion Programs

• First-time offenders may qualify for programs that lead to dismissal upon completion:
  • Penal Code §1000 (misdemeanor drug diversion)
  • Mental Health Diversion (PC §1000.36)

VII. Local Trends: Los Angeles vs. Orange County

Los Angeles County

• Broader availability of drug diversion programs
• Progressive prosecution policies under DA George Gascón
• Specialized narcotics courts

Orange County

• More conservative approach to plea deals
• Focused enforcement in cities like Santa Ana, Anaheim, and Huntington Beach
• Higher likelihood of asset seizure and strict pretrial conditions

VIII. Immigration Consequences of Drug Convictions

Any drug conviction—even for misdemeanor possession—can trigger deportation, denial of reentry, or ineligibility for naturalization. Noncitizens must seek immigration-safe resolutions or post-conviction relief.

IX. Expungement and Post-Conviction Relief

After successful completion of probation or diversion, defendants may:

• File for expungement (PC §1203.4)
• Seek resentencing under Prop 47 or AB 1950
• File for record sealing or certificates of rehabilitation

California drug laws are complex and constantly evolving. While Proposition 64 has decriminalized aspects of marijuana use, serious penalties remain for drug possession, sale, and manufacturing—especially in jurisdictions like Los Angeles and Orange County. Early legal intervention can protect your record, freedom, and immigration status. If you’re facing drug-related charges, consult with an experienced criminal defense attorney who understands both state and local strategies.