How Much Cocaine is a Felony in California?
Cocaine is a highly addictive and illegal drug that is considered a Schedule II controlled substance by the Drug Enforcement Administration (DEA). In California, possession of cocaine is a criminal offense, and the amount of cocaine possessed can determine the severity of the charges and the potential penalties. In this article, we will explore the laws surrounding cocaine possession in California and answer the question: How much cocaine is a felony in California?
California Drug Laws
California has strict drug laws that are designed to punish individuals who possess, manufacture, or distribute illegal drugs, including cocaine. The state’s drug laws are outlined in the California Health and Safety Code (HSC) and the California Penal Code (PC).
Cocaine Possession Laws
Under California law, possession of cocaine is considered a criminal offense, regardless of the amount possessed. The severity of the charges and the potential penalties depend on the amount of cocaine possessed and whether the individual possessed it for personal use or for distribution.
Possession of Cocaine for Personal Use
If an individual is found to possess cocaine for personal use, they may be charged with a misdemeanor or a felony, depending on the amount of cocaine possessed. The following table outlines the possession limits for cocaine in California:
| Amount of Cocaine | Misdemeanor or Felony Charge |
|---|---|
| Less than 28.5 grams | Misdemeanor (up to 1 year in jail and/or $1,000 fine) |
| 28.5 grams or more | Felony (up to 3 years in prison and/or $10,000 fine) |
Possession of Cocaine for Distribution
If an individual is found to possess cocaine with the intent to distribute it, they may be charged with a felony, regardless of the amount possessed. The following table outlines the possession limits for cocaine with intent to distribute in California:
| Amount of Cocaine | Felony Charge |
|---|---|
| Any amount | Felony (up to 5 years in prison and/or $50,000 fine) |
Significant Points
- Any amount of cocaine possessed with intent to distribute is considered a felony.
- Possession of 28.5 grams or more of cocaine is considered a felony.
- Possession of less than 28.5 grams of cocaine is considered a misdemeanor.
- Cocaine possession charges can be enhanced if the individual has prior drug-related convictions.
- Cocaine possession charges can be enhanced if the individual is found to be in possession of other illegal drugs or drug paraphernalia.
Penalties for Cocaine Possession in California
The penalties for cocaine possession in California depend on the amount possessed and whether the individual possessed it for personal use or for distribution. The following table outlines the potential penalties for cocaine possession in California:
| Charge | Penalty |
|---|---|
| Misdemeanor (less than 28.5 grams) | Up to 1 year in jail and/or $1,000 fine |
| Felony (28.5 grams or more) | Up to 3 years in prison and/or $10,000 fine |
| Felony (intent to distribute) | Up to 5 years in prison and/or $50,000 fine |
Conclusion
In conclusion, the amount of cocaine possessed in California determines the severity of the charges and the potential penalties. Any amount of cocaine possessed with intent to distribute is considered a felony, and possession of 28.5 grams or more of cocaine is considered a felony. Possession of less than 28.5 grams of cocaine is considered a misdemeanor. It is important to note that cocaine possession charges can be enhanced if the individual has prior drug-related convictions or if they are found to be in possession of other illegal drugs or drug paraphernalia. If you are facing cocaine possession charges in California, it is important to consult with an experienced criminal defense attorney to ensure that your rights are protected and that you receive the best possible outcome.
