How Much Coke is a Felony in California?
California has some of the strictest drug laws in the United States, and cocaine (also known as coke) is no exception. The state has a complex legal system, and the threshold for a felony cocaine conviction can vary depending on the circumstances of the case. In this article, we’ll explore the laws surrounding cocaine possession and trafficking in California, and provide guidance on how much coke is a felony in the state.
What is the legal threshold for cocaine possession in California?
In California, cocaine is considered a Schedule II controlled substance, which means it has a high potential for abuse and can lead to severe physical and psychological dependence. Possession of cocaine is illegal, and the legal threshold for possession varies depending on the amount of the drug involved.
Possession of Small Amounts (Less than 28.5 Grams)
If you possess less than 28.5 grams of cocaine, it is considered a misdemeanor offense. The penalty for a misdemeanor cocaine possession conviction in California typically includes:
- Up to 1 year in county jail
- Fines of up to $1,000
- Probation
- Drug treatment programs
Possession of Larger Amounts (28.5 Grams or More)
If you possess 28.5 grams or more of cocaine, it is considered a felony offense. The penalty for a felony cocaine possession conviction in California typically includes:
- 2, 3, or 4 years in state prison
- Fines of up to $20,000
- Probation
- Drug treatment programs
Cocaine Trafficking
Cocaine trafficking is the illegal distribution or transportation of cocaine, and it is considered a more serious offense than simple possession. The penalty for cocaine trafficking in California depends on the amount of cocaine involved and the circumstances of the case.
- Trafficking of 28.5 grams or more: 3, 4, or 5 years in state prison
- Trafficking of 28.5-40 grams: 4, 5, or 6 years in state prison
- Trafficking of 40-64 grams: 5, 6, or 7 years in state prison
- Trafficking of 64 grams or more: 6, 7, or 8 years in state prison
Enhanced Penalties for Prior Convictions
If you have a prior felony conviction for cocaine possession or trafficking, you may be subject to enhanced penalties. These penalties can include longer prison sentences, higher fines, and mandatory minimum sentences.
Defenses to Cocaine Possession and Trafficking Charges
While the laws surrounding cocaine possession and trafficking in California are strict, there are defenses that can be raised in court. These defenses may include:
- Illegal search and seizure: If the police did not have a valid warrant or consent to search your property, any evidence obtained during the search may be suppressed.
- Lack of knowledge or intent: If you did not know that the substance was cocaine, or did not intend to possess or distribute it, you may be able to argue that you are not guilty of the offense.
- Entrapment: If the police induced you to commit the offense, you may be able to argue that you are not guilty due to entrapment.
Conclusion
In California, the threshold for a felony cocaine conviction is 28.5 grams or more. Possession of smaller amounts is considered a misdemeanor offense, while larger amounts are considered a felony offense. Cocaine trafficking is a more serious offense, and the penalty depends on the amount of cocaine involved. If you are facing cocaine possession or trafficking charges, it is important to consult with an experienced criminal defense attorney who can help you navigate the legal system and raise defenses to the charges.
