Los Angeles Criminal Defense Attorneys: Marijuana/Opioid and Prescription Drug Defense

We Help People Accused of Crimes Related to the Possession or Sale of Marijuana and Prescription Drugs

California permits specified adult cannabis activities, but the permission has age, amount, place, cultivation and sales conditions. A past marijuana-policy bill helps explain how the law changed; it does not decide a current charge. Opioid misuse prompted separate responses to the opioid crisis. For either substance, identify the exact statute, date and alleged conduct rather than relying on a general statement about drug policy.

If you’re facing drug charges related to marijuana or prescription opioids, you need to contact a Los Angeles criminal defense attorney as soon as possible. Criminal charges are always serious and can include heavy fines and significant jail time. In addition, a conviction on your record could have a significant impact on your professional and personal future. The California criminal defense lawyers at The Law Offices of David S. Chesley are here to protect your rights and get the result you deserve. To schedule a   free consultation, call us at 800-755-5174 or contact us online.

Legalization of Marijuana

California Health and Safety Code section 11362.1 permits people 21 years of age or older, subject to other cannabis restrictions, to possess no more than 28.5 grams of non-concentrated cannabis or eight grams of concentrated cannabis. It also permits specified purchase, transport, uncompensated sharing with another adult and up to six living plants under applicable cultivation rules. A licensed sale, medical exception, public-use rule, local rule, or amount above the adult limit requires its own analysis.

Growing Marijuana at Home

Californians who are 21 or older are allowed to grow up to six marijuana plants per household (not per person), and the plants must be kept out of public view.

Federal Law and Testing

California adult-use permission does not itself make every cannabis activity lawful under federal law. Federal classification now varies by product: in April 2026, DOJ and DEA moved specified FDA-approved and state-licensed medical marijuana products to Schedule III, while broader rescheduling has remained in a federal hearing process. Check current federal status for the particular product and conduct. California also protects many workers’ lawful off-duty cannabis use and bars certain decisions based on nonpsychoactive metabolite tests, subject to statutory exceptions; employers may still address workplace impairment and applicable safety requirements. A blanket statement that any cannabis use lets an employer refuse to hire is inaccurate.

Fighting Prescription Opioid Abuse

For many opioid addicts, their first steps to addiction began with drugs prescribed by their doctor. Because doctors weren’t fully aware of the potential danger, prescription opioids were commonly prescribed even when less powerful drugs would have been sufficient. As a result of education and new restrictions, physicians have reduced the number of opioid painkillers being subscribed to their patients. However, the danger remains, even in cases where the prescription is appropriate.

California lawmakers considered a 2018 bill and related opioid policy proposal. A proposal does not itself define a current offense. For an actual opioid case, the useful questions are the substance and quantity, valid prescription or authority, whether the charge alleges personal possession, sale, fraudulent acquisition or impaired driving, and what the evidence establishes. The filed statute controls.

Meanwhile, the Director of the California Public Health Department ordered that the overdose antidote Naloxone be available without a prescription. Lawmakers in California have also considered a tax on prescription opioids in order to fund efforts to contain the crisis.

You Can Still Be Charged with A Crime

Despite the relaxed laws pertaining to marijuana and the sensible measures in place to deal with prescription opioid abuse, you can still be charged with a crime in connection with both of these drugs. It’s critical to understand the law, and if you’re already facing charges, you need an experienced Los Angeles criminal defense lawyer today to protect your legal rights.

Driving Under the Influence

For both prescription drugs and marijuana, it is against the law in California to operate a motor vehicle while under the influence. In other words, you cannot be driving a car while impaired, which means that you are unable to operate the vehicle in the same way that you could while sober. Even if you have legally purchased and used marijuana, it is still illegal to drive while under the influence. Similarly, even if you have a valid prescription for an opioid such as OxyContin, you could be charged with DUI if it impairs your ability to drive.

As a side note, it is also against the law to consume marijuana while driving. Using marijuana while sitting in a parked car could potentially lead to drug charges.

Limits on the Use and Purchase of Marijuana

As mentioned above, the purchase, possession, and use of marijuana come with restrictions. Here are some common examples of marijuana use that are in violation of current law:

  • Selling marijuana to your friends - you cannot sell marijuana without a license to do so.
  • Using marijuana in public - consumption is limited to your home or private property.
  • Possession of more than the amount permitted by law.
  • Possession by anyone under the age of 21.

Failure to abide by these restrictions could result in arrest and criminal charges.

Crimes Related to Prescription Opioids

Some prescription medications, including certain opioids, are controlled substances; not every prescription medication is controlled. The applicable substance and statute matter. A valid prescription or another statutory authorization may be relevant to a possession charge under Health and Safety Code section 11350 or section 11377. A prescription does not authorize sale or distribution outside the law, and a legally obtained medication can still impair driving. Counsel should check the medication, prescription records, alleged transfer and precise charge rather than apply one rule to all prescriptions.

In addition to the standard drug charges, California Health and Safety Code Section 11173 makes it illegal to engage in prescription drug fraud. This includes any attempt to purchase or obtain prescription drugs by fraud, deceit, or misrepresentation. This section covers actions like forging a doctor’s signature, falsifying medical records, or holding yourself out to be a doctor or other medical professional in order to obtain prescription drugs without a license.

Potential Penalties

Under California law, first-time drug possession charges are often a misdemeanor. That said, even a misdemeanor can carry jail time and fines. DUI charges can be even more serious, and subsequent convictions can bring harsher penalties. If you are charged with the sale of these drugs, you could face multiple years in prison. In addition, it could result in damage to your reputation, loss of employment, and stress on your family.

Contact a Los Angeles Drug Charges Attorney Today to Schedule a Free Case Evaluation

The changing landscape with respect to marijuana laws and the opioid epidemic has created a lot of confusion and uncertainty. People who believe they are using their marijuana legally may be inadvertently breaking the law, and wind up with criminal charges filed against them. Meanwhile, prescription opioid users are winding up in the criminal justice system instead of focusing on their health and recovery.

Cannabis and Prescription-Drug Charge Questions

Is the cannabis amount measured correctly?

Ask whether the police report identifies plant material or concentrate, how the product was weighed, and whether packaging or a lab report changes that figure. Section 11362.1 has different 28.5-gram and eight-gram limits, and the permission depends on age and other restrictions. The accusation should be checked against the actual product rather than a generic “one ounce” label.

What if a substance was legally prescribed?

Keep the pharmacy label, prescription history and evidence showing who possessed or used it. Some possession statutes contain prescription exceptions and narrow rules allowing another person to deliver a prescription to its holder or dispose of it lawfully. Those exceptions do not permit unauthorized use or sale. A suspected forged prescription, “doctor shopping” allegation and DUI have separate elements.

Can an adult still be charged for cannabis activity?

Yes. State adult-use permission is conditional, and sale without the required license, public consumption, use while driving, amounts over the legal limit, and conduct involving minors can implicate different provisions. A local cultivation rule or federal issue may also matter. Preserve the citation and ask counsel to identify exactly which restriction is alleged.

For driving, a prescription or lawful cannabis purchase does not decide impairment. Counsel should examine the observations, driving, test timing and applicable Vehicle Code count. For sale or fraud allegations, compare the alleged transaction and records with the charged statute before assuming a simple-possession penalty.