Drug Charges Lawyer in Lancaster, CA. Whatever drug accusations you're facing in Lancaster, CA, it's not an easy thing to handle. It's possible for what could be a simple possession charge to be elevated into possession for sale or even trafficking. These laws cover substances from marijuana to heroin. But they all share one thing in common: Major legal consequences.
Don't let these accusations derail your life. You need Lancaster, CA's leading criminal defense lawyer in your corner. You need the Law Offices of David S. Chesley.
Our local Lancaster drug charges lawyers know the ins and outs of California drug laws. We will give you honest advice, explain your best options, and stand by you in front of the judge and jury if your case reaches a trial. To start building your defense, call our legal team at (800) 755-5174 or tell us about your case online today.
Lancaster, CA, Drug Charges Lawyer: Page Summary
Below, we will go over the importance of having a drug defense lawyer in Lancaster, CA, the types of substances considered illegal in Lancaster, the key factors you want your defense team to have, gameplans our attorneys use against drug accusations, and more.
If you want to read about a particular topic, click on the appropriate link in the list below to jump ahead and learn more:
- Why You Need a Drug Charges Lawyer in Lancaster, CA, NOW
- Common Drug Types and Potential Penalties
- Different Types of Drug Charges in Lancaster, CA
- Intersections Between Drugs and DUIs in Lancaster
- What to Look For in a Drug Charges Lawyer
- Possible Defenses That We Use in Drug Cases
- Lancaster, CA, Drug Charge Diversion Options
- Immigration Consequences of a Drug Conviction
- Drug Allegation FAQs
- Need a Drug Charges Lawyer in Lancaster, CA? Call the Law Offices of David S. Chesley Today
- Every Drug Charge Our Attorneys Fight Against
Get Help From a Lancaster, CA, Drug Charges Lawyer IMMEDIATELY
If you've been accused of a drug crime in Lancaster, CA, it's a big deal, no matter what. The same action can be interpreted by the state in multiple ways, meaning there's always a risk of felony consequences.
The first reason you should work with a drug charges lawyer without hesitation is to give you an understanding of the accusations. A simple possession case takes a different set of skills than a possession-for-sale case, and your drug defense attorney should understand how to fight against whatever you've been accused of.
The second reason to call a local Lancaster, CA, drug charges lawyer right away is to stop yourself from making a mistake. If you say something incorrect in an interrogation, the charges could be elevated and the state's case strengthened. Your lawyer can help you talk to police the right way, instead of incriminating yourself.
Lastly, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Connecting with a lawyer early gives you a head start against the state, and we can even move to dismiss charges if we can act before the state builds a compelling case.
Common Drug Types in Lancaster, CA, Legal Cases:
When deciding on a Lancaster, CA, drug charges lawyer, you should pick somone who knows how the prosecution treats different drug types. In the following section, we've listed some of the substances against which we have practice defending related charges.
| Drug Type | Description |
|---|---|
| Prescription Drugs | While most prescription drugs are technically legal, it can be illegal to possess or use them without permission. |
| Ecstacy | Also known as MDMA, Molly, and E. A stimulant often used at parties. |
| Cocaine | A highly addictive stimulant which can cause intense effects It is taken in a variety of ways. |
| Methamphetamine | A stimulant known to affect people's energy levels and emotional stability. |
| Opioids | A class of drugs, including both natural and synthetic types. These include morphine, oxycodone, and heroin. |
| Heroin | A very addictive substance, and one of the most dangerous opioids. Courts and prosecutors often treat heroin charges harshly. |
| Fentanyl | An extremely dangerous type of opioid — roughly 50 times more potent than heroin and 100 times more potent than morphine, according to the DEA. |
Potential legal consequences vary significantly by the type of drug, quantity, prior record, and the act you're being accused of. For some typical accusations:
- Most of the time, if you're only accused of possession and not distributing a drug, the charge will only be a misdemeanor, with a maximum sentence of one year in jail. Different prosecutors may treat some substances in a harsher manner, though.
- Possession for sale, sale, transport, or manufacturing are rarely treated as misdemeanors. They're often felonies, and the sentence can change based on the specific drug and amount involved.
- Fentanyl is treated extra seriously: Proposition 36 (2024) added fentanyl alongside cocaine, heroin, and methamphetamine to a list of drugs that trigger felony enhancement when possessed together with a loaded firearm, and it increased sentencing exposure tied to quantity for several substances.
- Federal charges carry their own, generally harsher, sentencing structure.
Because the numbers shift based on the specific facts of a case, the exact exposure you're facing should be evaluated by an attorney who can review your charge sheet and criminal history — call our office for a free case evaluation and we'll walk you through what you're actually facing.
Marijuana in Lancaster, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, legalizing its recreational use.
Because it has been legalized for recreational use, marijuana (AKA cannabis) accusations in Lancaster, CA, frequently have more to do with how it was used, rather than just that it was used. For example, it's legal to grow up to six marijuana plants for recreational use, but growing a seventh is a crime.
Marijuana Legal Overview:
- Adults over the age of 21 can carry 28.5 grams of marijuana on their person
- Generally, adults over 21 can grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your Lancaster, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, our attorneys will fight to defend you. For example, we can argue that you were permitted to have cannabis, argue that you remained within legal limitations, and/or show off the proper regulatory procedures which you adhered to.
Charges a Drug Crimes Defense Lawyer Will Fight in Lancaster, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Lancaster, CA. We help defendants fight against all kinds of drug crime allegations. In the sections below, you can learn about different categories of drug crimes and what a lawyer can do to assist you.
Drug Possession/Use Charges
Possession charges are the first level of drug charges in Lancaster, CA. They cover a wide range of substances and these charges can apply regardless of where the drugs were physically at, as long as you controlled them.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your Lancaster, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, and can be by your side every step of the way.
Relevant statutes: If you're accused of simple possession of a hard drug, you're liking facing charges for allegedly violating Health and Safety Code 11350, while possession of methamphetamine has its own specific statute in HS 11377. Generally, these possession charges are handled as misdemeanors.
Drug Production/Transport/Distribution Charges
While drug possession and use charges target the buyer, drug production, transportation, and distribution charges target the seller.
- Manufacturing or Producing Controlled Substances
- Cultivation of Marijuana
- Maintaining a Place for Drug Sales/Use
- Drug Trafficking
- Transportation of a Controlled Substance
- Sale of Controlled Substance
- Drug Possession for Sale
These charges are almost always treated more harshly than possession/use charges. A positive outcome in these cases is often taking a plea deal for a lesser charge. Your drug crimes defense attorney can help you negotiate a favorable deal.
Relevant statutes: Possession for sale generally falls under HS 11351 (most controlled substances) or HS 11378 (methamphetamine). When charged as a felony, each is punishable by two, three, or four years in state prison and fines up to $20,000. Sale or transportation for sale is charged under HS 11352 (most substances) or HS 11379 (methamphetamine). Sentences for these charges can be even more severe — up to nine years if the transportation crosses non-contiguous counties. Unlike simple possession, these charges are generally not eligible for PC 1000 or Prop 36 treatment diversion unless your attorney can negotiate the charge down to simple possession.
Drug Charge Enhancements
California's drug charge enhancement laws may seem very different, but they share one common attribute: They don't stand on their own. To be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced Lancaster, CA, drug crimes lawyer to defend you in these cases, so that they can fight both the base charge and the enhancement.
Federal Drug Charges
A federal drug charge isn't a 'category' in the same way that the above types of charges are. What sets these apart is that the federal government is prosecuting you instead of the state government.
These can include anything from trafficking to taking part in a drug conspiracy, but normally it will involve large quantities and/or crossing state lines. The penalties are often much harsher, up to and including life imprisonment and substantial fines.
It's hard to think of many charges worse to face than this. And you need a a seasoned criminal defense lawyer with the resources to fight the United States government. Our office will protect your rights, research applicable laws, review evidence, and do whatever we can to secure a positive result for you.
Lancaster, CA Drug Charges and DUIs
DUIs and drug charges don't always go together in Lancaster, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases can include a several situations, including everything from driving while high on marijuana to driving after taking certain medications. What's worse, you can be arrested if there is any amount of THC in your system while driving (as opposed to alcohol).
When accused of drug DUI charges, you don't just need a drug charges lawyer. You also need a skillful Lancaster, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. Contact a lawyer right away — for most DUI cases, you only have ten days after an arrest to request a hearing.
What to Look For in a Drug Charges Lawyer
If you're looking for a drug charges lawyer in Lancaster, CA, it can be overwhelming trying to decide the right person to represent you. With so much at stake, you don't want to make the wrong choice.
These are the main qualities you want to find in your drug defense attorney:
- Prior Experience fighting against these charges
- Intimate Knowledge of how the state builds its case against you
- Existing Relationships at the courts in your local county
- A History of Positive Outcomes versus the prosecution in drug cases
- Availability Anytime so that you can get help when you need it most
We will always be honest with you about the state of your case, and you can get a hold of us 24/7 if you need anything from our offices.
Powerful Drug Crime Accusation Defenses
Whatever law you're accused of breaking, you have your own unique story to tell. The details are different for every criminal case in Lancaster, CA, and you should have a customized defense strategy to protect you.
Our attorneys treat every client as an individual. Here are some compelling strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: By getting evidence thrown out, the case against you can be weakened.
- Lack of Intent: If you did hold or transport illegal drugs, but weren't aware of it, you shouldn't be found guilty because you didn't mean to break the law.
- Somone Else's Drugs: You can argue this if you were present in an area while drugs were there, but they were not yours and you weren't using them.
- Entrapment: In some cases, if an undercover officer coerced you into violating the law, you may be exempt from a conviction.
- Prescription: This isn't an option for every offense and type of drug, but some accusations can be alleviated if you were legally prescribed the substance.
- Plea Negotiations: In some cases, where it's not reasonable for the alleged offender to have the charges dropped entirely, a positive outcome can still be achieved through a plea deal.
If you're facing drug crime charges in Lancaster, CA, and need help, get in touch with the Law Offices of David S. Chesley now.
Lancaster, CA, Drug Charge Diversion Options:
Lancaster has diversion and treatment options available — be sure to ask your Lancaster, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must fit certain criteria. Below are two of the most relevant programs:
PC 1000 Drug Diversion
California PC 1000 pretrial diversion is a pretrial diversion path for specified eligible charges and people under Penal Code §§ 1000–1000.1. The present process begins with a not-guilty plea and court-approved education or treatment conditions, rather than the former guilty-plea Deferred Entry of Judgment procedure. After satisfactory completion, a positive program recommendation and the required motion, the court dismisses the eligible charge within the statutory period. The actual order and Penal Code § 1000.4 control arrest-record effects and exceptions; enrollment alone does not promise dismissal or erase every consequence. For related context, see collateral consequences.
Proposition 36 (2024)
The 2024 Proposition 36 treatment laws created a treatment-mandated felony process in Health and Safety Code § 11395 for specified repeat possession cases. It is different from the 2000 Proposition 36 treatment law and from current PC 1000 pretrial diversion. Counsel should compare the filed offense, substance and criminal-history allegation with the specific statute before describing an available treatment path.
A 2024 Health and Safety Code § 11395 treatment-mandated felony allegation requires a qualifying current possession offense involving a listed drug and at least two prior convictions for the statutes enumerated in § 11395(c). Those priors must be alleged in the accusatory pleading and admitted in open court or found true. Two unspecified “drug convictions” do not establish eligibility or felony exposure. A person electing the treatment path pleads guilty or no contest, admits qualifying priors and has judgment deferred during an individualized court-approved program.
While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, you avoid a conviction; you can opt to refuse treatment, but you'll be up against the underlying felony charge, and risking up to three years behind bars. The law also increased potential penalties for large quantities of certain substances and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your Lancaster, CA, drug charges lawyer can help you understand whether you qualify for treatment-mandated felony treatment, explore sentencing and charge alternatives with you, and fight to keep a conviction off your record.
Drug Convictions' Impact on Immigration Status
For immigrants in Lancaster, CA, you might have to defend yourself against removal as well as criminal charges — and this is an area where our firm's dual criminal defense and immigration practice gives clients a real advantage.
Most drug charge convictions are grounds for deportation, but there is one narrow exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. This can affect lawful permanent residents ("green card" holders) as well as visa holders, and it applies even if you weren't given jail time on your conviction.
Some important things to keep in mind:
- Simple possession for personal use (for the majority of drugs) is ordinarilly enough to qualify for removal, but is not automatically classified as an "aggravated felony" — a distinction that can preserve certain forms of immigration relief.
- Possession for sale, sale, or trafficking convictions are far more likely to be treated as aggravated felonies, which can trigger mandatory deportation and become a long-lasting problem if you apply to enter the United States again.
- How a charge is pleaded matters enormously. Under Padilla v. Kentucky, defense counsel has a constitutional duty to tell you about these immigration consequences before you make a plea. An attorney who understands both sides can negotiate a resolution — such as a plea deal for a different offense, or a disposition that doesn't include specific "aggravated felony" language — that defends your legal status in the country, as well as your criminal record.
Because the conviction, regardless of the sentence, has such a big immigration impact, decisions made early in a criminal case can matter as much as, or more than, the eventual sentence itself. If you are a non-citizen facing any drug crime allegation, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Charge Frequently Asked Questions
If I'm not found guilty, do drug charges appear on a background check?
An arrest or dismissed case can appear in some records. The 2024 § 11395 process is not an automatic substitute for custody or a guaranteed sealed record. A person may elect the statutory treatment path if the charge and priors qualify; after successful completion, a positive program recommendation and the required motion, the court shall dismiss the charge. Section 11395(d)(3) applies the stated Penal Code § 1000.4 arrest-record protections, including exceptions; a separate sealing order is permissive, not automatic. If treatment is refused or fails, the court applies the statute’s hearing and sentencing rules to the actual case.
Reading the charge and the two drug-treatment laws
The complaint and citation matter more than a broad label such as “drug crime.” Simple possession under Health and Safety Code § 11350 or § 11377, being under the influence under § 11550, possession for sale under § 11351 or § 11378, and transportation for sale under § 11352 or § 11379 require different proof. If police found an item in a shared car or room, the government still has to prove knowing control of the charged substance; shared access alone neither proves nor defeats possession. If a sale allegation appears, ask what evidence supports intent to sell beyond the amount. If a transportation allegation appears, the current statutes require transportation for sale. Keep the complaint, release conditions, any search inventory and later lab result together so counsel can compare what was first alleged with what was actually filed.
PC 1000 today is pretrial diversion, not a present-day guilty-plea “Deferred Entry of Judgment” procedure. Penal Code § 1000 lists eligible offenses and history/charge conditions. Section 1000.1 says the defendant pleads not guilty, waives specified speedy-hearing and trial rights, and may enter a court-approved education or treatment program. The court dismisses an eligible charge after successful completion, a positive recommendation and the required motion within the statutory timing. Enrollment alone does not dismiss the case. Some court pages still use the older DEJ shorthand; the actual statutory procedure and signed order control. Section 1000.4 defines the qualified arrest-record effect and exceptions, including licensing and law-enforcement contexts. It permits, rather than automatically issues, a sealing order.
The 2024 Proposition 36 is different from the 2000 Proposition 36 treatment measure. The newer measure added Health and Safety Code § 11395, a treatment-mandated felony process for specified possession offenses and substances. Two prior convictions are relevant only if they are among the statutes listed in § 11395(c), are alleged in the charging paper, and are admitted or found true. A person who elects the statutory treatment path pleads guilty or no contest and admits qualifying priors, with judgment deferred while treatment proceeds. After successful completion, a positive recommendation and the specified motion, the court dismisses the charge and applies the arrest protections the law identifies. This is not automatic eligibility for anyone with “two drug priors,” and it should not be confused with current PC 1000. The old and new Proposition 36 paths have different plea and record consequences.
The defense review should match the charge to evidence: source and custody of any substance, laboratory identification, who controlled the location, statements and recordings, alleged sale indicators, search authority, and prior-conviction documents. A person considering treatment should ask about program length, cost, attendance, testing, consequences of noncompletion and whether the actual case qualifies. A noncitizen should obtain criminal and immigration advice before any admission or plea; a California dismissal does not answer every federal question. If professional licensing, employment, or a driving allegation also matters, raise it at the start rather than relying on a generic promise that a drug case will leave “no record.”
Evidence questions to bring to the first case review
Write a private timeline of the stop, search and arrest while details are fresh. Note who could access the vehicle, room, bag or device; where each item was located; what the officer said was observed; and whether a search warrant, claimed consent or other asserted authority appears in the report. Keep a copy of lawful prescription records, relevant messages, treatment documentation and any witness names for counsel. Do not ask others to coordinate stories or delete material. The defense may need to compare body-camera footage, dispatch records, laboratory notes and chain-of-custody records with the filed charge rather than relying on the arrest summary alone.
If the accusation is possession for sale, ask which facts are alleged to show intent to sell and whether the prosecution can actually link those facts to the accused person. Packaging, cash or phone messages can have more than one explanation; they do not replace proof of the statutory elements. If the accusation is transportation for sale, ask what supports the for-sale purpose rather than assuming any travel with a substance meets the charge. A manufacturing or cultivation count needs its own process, equipment, plant-count and control analysis. A firearm, school-zone, jail-entry or fentanyl enhancement must be identified separately in the papers and supported by the additional facts its statute requires. That distinction keeps a serious enhancement from being treated as an automatic consequence of the base drug count.
Finally, keep court and administrative papers separate. A possession citation is not itself a drug-impaired-driving charge. If officers also allege driving under the influence, review the vehicle-law count, test timeline and any DMV notice with counsel as distinct deadlines. If a case is dismissed or completed through diversion, request the final minute order and ask what record relief actually follows. The court’s order, not a generic online success story, determines the next administrative step.
More questions about drug charges
Do I need to answer police questions if I have illegal drugs on me?
Comply with lawful instructions and give identifying information when required, but do not assume you must discuss the alleged substance or sign a narrative statement without counsel. Ask to speak with a lawyer. Preserve any citation, search inventory and release paper so counsel can review the actual charge and how the evidence was obtained.
Can I expunge a previous drug conviction in Lancaster, CA?
California offers different dismissal and record-relief paths; “expunged” and “sealed” are not the same. Penal Code § 1203.4 is a qualified dismissal, not deletion for every purpose. A successful PC 1000 case has the specific arrest-record rules in § 1000.4, including exceptions. An attorney should review the actual disposition, program completion and application before predicting what a background check or licensing agency will see.
What's the difference between PC 1000 and Proposition 36 diversion?
Current PC 1000 under Penal Code §§ 1000–1000.1 is pretrial diversion for eligible charges and people, with a not-guilty plea and specified program conditions. The 2024 Proposition 36 added HSC § 11395 for certain repeat possession allegations with enumerated priors; a treatment election involves a guilty or no-contest plea with judgment deferred. The 2000 Proposition 36 treatment law is different again. Eligibility and record effects depend on the actual statute and court order.
If I don't have a record, will my drug possession charge be a felony in Lancaster, CA?
A first arrest does not determine the charge by itself. Many simple-possession allegations are misdemeanors, but the substance, alleged conduct, a sale or manufacturing count, an enhancement, or a qualifying history can change the analysis. The 2024 HSC § 11395 treatment-mandated felony requires specified current possession conduct and enumerated priors alleged and established. Have counsel read the complaint and history before drawing a sentencing conclusion.
