Drug Charges Lawyer in Pasadena, CA. Drug crimes in Pasadena, CA, come in many forms. It's possible for what could be a simple possession charge to be elevated into possession for sale or even trafficking. These laws regulate substances from prescription medications to heroin. If found guilty, you can face life-altering consequences.
You need representation that will fight for your freedom. You need Pasadena, CA's leading criminal defense law firm in your corner. You need the Law Offices of David S. Chesley.
Our local Pasadena drug charges lawyers are avaialble 24/7 to help you. We will explore possible defenses, explain your best options, and stand by you in front of the judge and jury if your case reaches a trial. To start fighting the charges, call our law offices at (800) 755-5174 or set up a free, confidential consultation today.
Pasadena, CA, Drug Charges Lawyer: Page Summary
On this page, we will go over the importance of having a drug defense lawyer in Pasadena, CA, the types of substances considered illegal in Pasadena, the key factors you want your defense team to have, effective defense tactics against all sorts of charges, and more.
If you want to read about a specific topic, you can use the links in the following menu to jump ahead and learn more:
- Why You Need a Drug Charges Lawyer in Pasadena, CA, NOW
- Popular Drug Types and Possible Penalties
- Categories of Drug Charges in Pasadena, CA
- DUIs and Drug Charges Defense in Pasadena, CA
- Top Drug Defense Attorney Qualities
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Avenues to Divert Your Drug Charges
- Immigration Consequences of a Drug Conviction
- Drug Charge FAQs
- Need a Drug Charges Lawyer in Pasadena, CA? Call the Law Offices of David S. Chesley Today
- Every Drug Charge Our Firm Will Defend Against
Don't Waste Time: Contact a Pasadena, CA, Drug Charges Lawyer RIGHT AWAY
If you've been accused of a drug crime in Pasadena, 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 contact a drug charges lawyer immediately is to help you interpret the law. A simple possession case needs a different strategy than a drug trafficking case, and your defense attorney should understand how to fight each.
The second reason to call a local Pasadena, CA, drug charges lawyer first thing in your case is to lower your chances of doing something you shouldn't. When you say the wrong thing to a state representative, what was once just a possession charge could now be a trafficking charge. A drug charges defense attorney can stop you from experiencing self-incrimination.
On top of that, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Early intervention gives you a head start against the state, and can even give you a better chance of having the court dismiss charges if the evidence is in your favor.
Drug Types and Legal Context in Pasadena, CA:
When you work with a Pasadena, CA, drug charges lawyer, you want someone who has experience with the type of drug you're facing allegation for. Below, we've listed some of the most common substances that are the center of illegal drug cases in the state.
| 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. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive stimulant that can be either a powdered form or a solid rock (Crack) Its use can harm the brain, as well as several other organs. |
| Methamphetamine | Synthetic stimulant originally used to improve focus, but with serious side effects. |
| Opioids | Class of drugs originally intended for use as pain relievers. These include morphine, oxycodone, and heroin. |
| Heroin | An extremely dangerous drug made by processing morphine. The state tends to impose harsh penalties in heroin cases. |
| Fentanyl | One of the most dangerous forms of opioids — roughly 50 times more potent than heroin and 100 times more potent than morphine, according to the DEA. |
Penalties vary significantly based on the type of drug, how much there was, any prior convictions, and the accusation you're facing. For some typical accusations:
- As long as you are only accused of simple possession, you can typically expect misdemeanor charges. These carry a maximum jail sentence of one year. However, keep in mind misdemeanor charges aren't a guarantee, and prosecutors treat some substances more harshly than others.
- Possession for sale, sale, transport, or manufacturing are are more serious charges. Most accusations are felonies, with sentencing ranges that depend heavily on the specific drug and amount involved.
- Fentanyl carries additional exposure: Proposition 36 (2024) created a list of drugs, including fentanyl, which can trigger felony enhancement if possessed along with a loaded firearm.
- Most of the time, federal drug charges result in harsher, longer sentences.
There's no simple method to tell what kind of sentence you're facing based on your charges. Our drug defense attorneys can help — call us for a free case evaluation and we'll help you get an idea of what you're up against.
Marijuana in Pasadena, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Since local laws allow for limited use, marijuana (AKA cannabis) accusations in Pasadena, CA, frequently often revolve around who was using it and whether that person was exceeding legal limits. As an example, you're allowed to grow a small number of plants for personal use, but they must be kept in a private, secure area.
Marijuana Legal Overview:
- Adults over the age of 21 can carry 28.5 grams of marijuana on their person
- Typically, adults over 21 can grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your Pasadena, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, we are ready for your case. For example, we can argue that you were permitted to have cannabis, demonstrate that you did not exceed state limits, and/or show that it was properly handled at all times.
Drug Charge Categories in Pasadena, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Pasadena, CA. We help defendants fight against all kinds of drug crime allegations. In the below sections, you can learn about categories of drug crimes and some of the relevant statutes.
Drug Possession/Use Charges
Drug possession charges are some of the most basic in Pasadena, CA. All illegal chemicals can fall under this umbrella, 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 Pasadena, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, and can protect your freedom through diversionary programs, if applicable.
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 is instead covered by HS 11377. Both are typically charged as misdemeanors, punishable by up to one year in county jail, for defendants without disqualifying prior convictions.
Drug Production/Transport/Distribution Charges
Drug dealing allegations are treated much differently than drug possession. They are often given harsher sentences for allegedly making, transporting, and/or selling the substance.
- 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 drug crimes defense lawyer can help you negotiate a plea to a less serious offense.
Relevant statutes: The two main possession for sale charges you will see in Pasadena, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). As a straight felony, each is punishable by two, three, or four years in state prison and fines up to $20,000. Sale and transportation for sale charges are divided in a similar way: HS 11352 (most substances) vs. HS 11379 (methamphetamine). These charges carry longer exposure — 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 one thing connects them together: They don't qualify on their own. Before you can be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Pasadena, 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 could fall into any of the three categories above. What sets these apart is that the federal government is prosecuting you instead of the state government.
These can include anything from production to transportation to taking part in a drug conspiracy, but most often will involve large quantities and/or crossing state lines. Sentences are often more severe, 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 an experienced criminal defense lawyer with the resources to fight the federal prosecutor. Our office will conduct investigations, look for legal loopholes, dissect the case against you, and do whatever we can to secure a favorable outcome for your case.
The Intersection Between Drug Charges and DUIs in Pasadena, CA
DUIs and drug charges don't always go together in Pasadena, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases cover a many different situations, including everything from driving while high on marijuana to prescription drug usage. One aspect that sets these cases apart is that you can be taken into custody if there is any amount of THC in your system while driving (as opposed to alcoholwhich only has a "zero tolerance" law people who are underage).
When accused of drug DUI charges, you need more than a drug charges lawyer. You also need an expert Pasadena, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI accusations, if you wait longer than ten days to request a hearing, you lose your chance.
What to Look For in a Drug Charges Lawyer
When you are considering your options for a drug charges lawyer in Pasadena, CA, it can be a challenge trying to decide which one to represent you. Your freedom and rights hang in the balance.
Here are the top factors you want to find in your drug defense attorney:
- Vast Experience defending clients in your situation
- Intimate Knowledge of how the state builds its case against you
- A Track Record of Victories versus the prosecution in drug cases
- Availability Anytime because emergencies don't always happen in business hours
You can trust us to always be upfront with your case, and you can call us 24/7 if you have any questions or concerns.
Possible Defense Tactics Against Drug Charges
The statute you violated may not be unique, but your case is. Everyone in the Pasadena, CA, criminal courts is there under different circumstances, and you should have a customized defense plan to match.
Our attorneys treat every client as an individual. Below are some of the possible strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: If the police searched you, your vehicle, or your dwelling without either probable cause or a warrant, that evidence can be thrown out.
- Lack of Intent: Most laws surrounding drugs only make it a crime if you intend to break them.
- 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 police officer coerced you into breaking a drug law, you can be found innocent of the criminal charges.
- Prescription: These defenses hinge on your medical status, and if a doctor prescribed you a given substance.
- Plea Negotiations: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If someone's accused you of a drug crime in Pasadena, CA, call the Law Offices of David S. Chesley today.
Pasadena, CA, Drug Charge Diversion Options:
Pasadena has diversion and treatment options available, which your Pasadena, CA, drug charges lawyer can try to utilize in your case. To qualify, defendants must meet legal guidelines. These are some of the :
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)
Proposition 36, which took effect in December 2024, changed California's approach to repeat drug offenses. It's important to understand that this is a different, newer law than the Proposition 36 passed in 2000, and it works differently than a traditional diversion program.
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.
The 2024 § 11395 process is not an automatic substitute for custody or a guaranteed sealed record. A person may elect the statutory treatment background 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.
Your Pasadena, CA, drug charges lawyer is here to help you understand the charges, help you decide what route to take, and come up with a strategy that maximizes your chances of a positive outcome.
Drug Convictions' Impact on Immigration Status
If you are not a U.S. citizen, 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.
The federal government can initiate removal proceedings for most drug convictions, with one narrow exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. This applies to lawful permanent residents ("green card" holders) as well as visa holders, and it can be a factor independent of whether or not the conviction includes a jail sentence.
Some important things to keep in mind:
- Simple possession for personal use (other than certain rare substances) is normally grounds for deportation, 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 not treated as lightly. They are typically classified as aggravated felonies, which can trigger mandatory deportation and create barriers to appeals efforts.
- How a charge is pleaded matters enormously. Under Padilla v. Kentucky, defense counsel is required 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 to a non-drug 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 an immigrant facing any drug crime allegation, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Allegation Defense 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. PC 1000 and the 2024 § 11395 treatment path have different entry requirements and defined dismissal effects. Penal Code § 1000.4 deems a qualifying arrest not to have occurred after successful diversion for specified purposes but contains law-enforcement and licensing exceptions; a sealing order may be issued. Ask counsel what the actual disposition and order mean for a particular background check, license or immigration question rather than assuming every record vanishes.
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
If the police catch me with drugs in my possession, do I have to answer their questions?
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 a drug conviction be expunged in Pasadena, 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 Pasadena, 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.
