California Penal Code 2002:
Health & Safety § 11378:
Except as otherwise provided in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses for sale any controlled substance which is (1) classified in Schedule II, IV, or V and which is not a narcotic drug, except subdivision (g) of Section 11056, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f), except paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of paragraph (2) of subdivision (f), of Section 11055, shall be punished by imprisonment in the state prison.
Possession of a controlled substance with intent to distribute has escalating penalties and depending on your prior record, the location of the distribution, and if distribution is made to persons under the age of 21, these are considered ‘penalty enhanced’ crimes and the punishment for these could be as much as double or triple what it would otherwise be for such distribution.
In addition, the additional offense of "continuing criminal enterprise" may be charged if the defendant commits a felony drug violation as part of a continuing enterprise that involves five or more individuals and from which they derive substantial income.
If you or someone you know may
be facing drug crime charges, please do not hesitate to call Rizio
& Nelson seven days a week, twenty four hours a day and we will
take the necessary steps to assist in your defense.
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