California law takes a tough stance on drug crimes, but the state’s approach is not one-dimensional. Prosecutors pursue everything from simple possession to large-scale trafficking and manufacturing. The type of drug, quantity involved, and circumstances of the case play a major role in how charges are filed.

At the same time, California courts recognize the connection between addiction and criminal behavior. For certain non-violent offenses, prosecutors may allow diversion programs or treatment-based alternatives. But for large-scale operations or cases involving manufacturing, penalties are severe — often carrying years or even decades in state prison.

If you’ve been accused of a drug offense, it’s critical to understand the statutes that may apply and how prosecutors build their cases.

Drug cases rise and fall on how the evidence was found, the quantity/packaging, and the lab’s reliability. We attack illegal stops/searches, challenge lab methods, and pursue diversion or reductions when smart.

The conversation around psychedelic substances, particularly magic mushrooms (psilocybin), has rapidly evolved in California. With growing interest in their potential therapeutic uses and various decriminalization efforts, many Californians are asking: Are magic mushrooms legal in California?

1. Possession: Even a small amount can trigger charges under statutes like H&S 11350.
    
2. Possession for Sale & Trafficking: Larger quantities or evidence of intent to sell invoke harsher statutes like H&S 11351, 11351.5, 11352, 11353.
    
3. Manufacturing: Crimes like methamphetamine or fentanyl production fall under H&S 11379.6, among the most serious drug charges.
    
4. Cultivation & Operations: Marijuana cultivation and maintaining places for drug use/distribution are charged under H&S 11358 and 11366.5.
    

Prosecutors rely heavily on:

• Forensic chemists to analyze substances.
   
• Undercover officers and informants in sales/manufacturing cases.
   
• Search warrants and surveillance evidence.
   

• Applies to drugs like cocaine, heroin, and certain opioids.
   
• Penalty: Misdemeanor in most cases (Prop 47 reform), but prior strikes or certain circumstances can elevate it.
   

• Applies when prosecutors allege intent to sell, based on quantity, packaging, or cash evidence.
   
• Penalty: 2–4 years in county jail.
   

• Targets crack cocaine specifically.
   
• Penalty: 3–5 years in state prison.
   

• Covers selling, furnishing, administering, giving away, or transporting drugs.
   
• Penalty: 3–9 years in state prison, enhanced for transport across county lines.
   

• Involves employing or using a minor in drug sales.
   
• Penalty: Up to 9 years in state prison, with additional enhancements.
   

• Similar to H&S 11350, but specific to meth.
   
• Often filed as a misdemeanor, but prior strikes can enhance.
   

• Felony offense for intent to sell meth.
   
• Penalty: 16 months to 3 years in state prison.
   

• Applies to phencyclidine (PCP).
   
• Penalty: 3–5 years in state prison.
   

• Covers selling, furnishing, or transporting meth.
   
• Penalty: 2–4 years in state prison, with enhancements for large-scale distribution.
   

• Applies to PCP transactions.
   
• Penalty: 3–5 years in state prison.
   

• One of California’s harshest drug laws. Covers producing or compounding controlled substances (e.g., meth labs, fentanyl operations).
   
• Penalty: 3–7 years in state prison, with fines up to $50,000.
   
• Enhancements apply for:
   
  • Large quantities
     
  • Hazardous chemicals
     
  • Gang involvement
     

• Governs unauthorized cultivation of cannabis plants.
   
• Post-Prop 64, small amounts may be legal, but exceeding limits can result in felony charges.
   

• Prohibits maintaining a place for the unlawful sale, giving away, or use of controlled substances.
   
• Penalty: Up to 3 years in state prison.
   

Prosecutors often seek harsher penalties when:

• Drugs are near schools or involve minors.
   
• Large-scale operations or gang enhancements apply.
   
• Manufacturing involves toxic or explosive chemicals.
   

1. Illegal search & seizure (Fourth Amendment violations).
    
2. No intent to sell (possession for personal use vs. sales).
    
3. Entrapment (common in undercover stings).
    
4. Lab errors in drug identification.
    
5. Medical necessity (limited circumstances).
    

California offers treatment-based alternatives for certain non-violent cases:

• PC 1000 (Deferred Entry of Judgment)
   
• Prop 36 programs
   
• Drug courts
   

These can result in dismissal upon successful completion.

Poseidon Defense APC represents clients in drug-related cases throughout Southern California, including:

• Los Angeles County: Beverly Hills, Santa Monica, Hollywood Hills, Westwood
   
• Orange County: Fullerton, Newport Beach, Irvine, Huntington Beach
   
• San Diego County: La Jolla, Rancho Santa Fe, Del Mar, Coronado
   

Drug charges can derail your life. At Poseidon Defense APC, we:

• Challenge the government’s forensic evidence.
   
• Expose constitutional violations during searches or seizures.
   
• Seek diversion and treatment options where available.
   
• Fight to reduce or dismiss charges.
   

📞 Contact us today: PoseidonDefenseLaw.com | 714-978-9988 (call or text)

This blog is for informational purposes only and does not create an attorney-client relationship. Each case is unique. For legal advice tailored to your situation, contact a qualified defense attorney.

For Example: Health and Safety Code (H&S) 11351, H&S 11351.5, H&S 11352, H&S 11353. Health and Safety Code 11379.6 HSC, Health and Safety Code 11358 HSC, Health and Safety Code 11366.5 HSC, Health and Safety Code 11350, H&S 11351, H&S 11352, H&S 11377, H&S 11378, H&S 11378.5, H&S 11379, H&S 11379.5.