Conspiracy to Distribute and Other Drug Charges

This past April, gang member Randy Alton Graves was convicted of conspiracy to distribute more than 50 grams of methamphetamine, conspiracy to distribute more than 1,000 kilograms of marijuana and possession with intent to distribute meth. He received a sentence of life in federal prison. Below we discuss what the addition of “conspiracy” means when it comes to a drug charge as well as specific penalties for methamphetamine and marijuana charges. If you have been convicted of a drug crime it is crucial that you obtain a criminal defense attorney that can build your case.

What is a Conspiracy to Distribute?

When a person has been charged with “Conspiracy to Possess with Intent to Distribute” there are usually multiple violations that have occurred. This charge means the defendant played an active role along with another person in the planning of possessing or distributing an illegal controlled substance.

The addition of a second person - seen as a collaboration - is the reason that the word “conspiracy” is used. While it only takes two or more people to receive the conspiracy, it should be noted that in a conspiracy charge a crime does not actually have ti take place. The prosecution will only need to show that there was intent to commit a crime to prove the case.

Penalties for Conspiracy to Distribute

Under federal law, the penalty for possession with the intent to distribute is dictated by the Federal Sentencing Guidelines. Once convicted, a second hearing for sentencing is held. The federal judge determines the sentence, and will follow guidelines accordingly. The consequences in terms of fines and length of imprisonment vary widely depending upon the controlled substance and whether the person convicted has a prior history of crime.

Graves received a life sentence because as U.S. District Judge Dana Sabraw noted, Graves had been involved in numerous crimes. From 1976 to 2012 the West Coast Crips gang member had amassed more than a dozen felony and misdemeanor convictions, ranging from voluntary manslaughter to multiple drug offenses and gun offenses.

Other Drug Charges

Drug charges can stem from minor to more serious offenses and at Sevens legal you can find a Criminal Defense Attorney for a number of drug related crimes. Regardless of the drug related crime, choosing Sevens Legal will help with protecting your rights and freedom and lead towards a positive outcome. Some common drug charges include the following:

Simple possession and possession for sale or distribution
DUI involving drug possession
Heroin manufacturing
Money Laundering
Cultivation of Marijuana
Drug Trafficking or smuggling
Juvenile or student drug offenses
Unauthorized possession or sale of prescription drugs

Drug Possession

Being convicted of any drug crime is a serious matter. Most drug charges can carry heavy convictions, fines and stay on your personal record, which can affect your job, buying a home or getting a loan. If you are convicted for any drug related crime, it is in your best interest to seek a criminal defense attorney and never accept any deal without speaking to an attorney first. Drug charges range from minor possession to a more serious charge of drug manufacturing, whatever the charges are, know that you can find guidance with your case.

Choosing a great criminal defense attorney will help your case and often reduce charges. The experience and knowledge needed to deal with a drug charge can be found at Seven’s Legal. Sevens Legal is well versed in a variety of drug charges that you may be convicted of and their experience is endless. At Sevens Legal you will find a successful team that is passionate about representing their clients. If you find yourself charged with any drug crime, it is imperative that you seek a knowledgeable criminal defense attorney that will guide you through the legal system and help with reducing your charges.

Methamphetamine

Methamphetamine use has grown in recent year in the state of California, leaving law officers eager to convict individuals for possession of illegal methamphetamines and stop illegal distribution. You may be charged with a misdemeanor or a felony depending on your criminal history. If you are convicted of a misdemeanor possession you may face up to one year in jail, while a felony possession charge can carry a conviction of 16 months, 2 years or 3 years of jail time. Many times if you are charged with having possession of a large quantity of methamphetamines, you may be charged with intent to sell, which will carry stiff penalties. Charges may include, Possession of Methamphetamines, Possession of Methamphetamines for sale and transportation for selling methamphetamines.

California is one of two-dozen states that have legalized marijuana for medical use. Recreational use of marijuana is still illegal in the state of California and possessing marijuana or intent to sell marijuana can carry heavy convictions. Although sentencing for marijuana has been pulled back in recent years, one ounce of marijuana or 28.5 grams is an infraction; police often get around this provision by charging minor offenders with felony intent to sell. You may find yourself being charged with intent to sell if you have cash, scales, and large amounts of marijuana or marijuana in bags on your persons. Due to proposition 36 and other legislation, if you are convicted of a misdemeanor marijuana charge you may find yourself paying a small fine. Charges are often reduced or dropped for first time offenders with the help of a criminal defense attorney.

Marijuana

Possession of marijuana is a misdemeanor under California Health and Safety Code Section 11357. Possession of one ounce (28.5 gms) or less is punishable by a maximum $100 fine; jail time is possible for larger amounts or for hashish, which is an optional felony (“wobbler”). Possession offenders can avoid conviction by making a preguilty plea under penal code 1000, in which case their charges are dismissed upon successful completion of a diversion program. Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7.

Possession with intent to sell any amount of marijuana is a felony. Health and Safety Code 11359. There is a medical exemption in HS11362.775.

Cultivation of any amount of marijuana is a felony under Health and Safety Code 11358. People who grow for personal use are eligible for diversion under Penal Code 1000 so long as there is no evidence of intent to sell. There are no fixed plant number limits to personal use cultivation.

Sale, transportation or distribution of marijuana is a felony under Health and Safety Code Sections 11360.Transporting or giving away (furnishing) one ounce or less is a misdemeanor punishable by a maximum $100 fine. There is a medical exemption in HS11362.775.

Using a minor in the unlawful sale or transport of marijuana is a felony punishable by 3-7 years imprisonment. Inducing a minor to use marijuana is also a felony punishable by 3-7 years imprisonment.

Health and Safety Codes you may be charged with include:

1. Possession for personal use- Health & Safety Code 11357 2. Cultivation- Health & Safety Code 11358 3. Possession with Intent to sell- Health & Safety Code 11359 4. Sale, Gift, Transport or Import- Health and Safety Code 11360 5. Sale to a Minor- Health & Safety Code 11361

DUI with Marijuana

Driving under the influence of Marijuana is a crime in California under vehicle code 23152 (e) VC. However, the law does not specify any particular amount of THC in the bloodstream automatically established impairment, making the crime difficult to prove.

California Proposition 36 (2000)

The Substance Abuse and Crime Prevention Act of 2000, Proposition 36, allows qualifying defendants convicted if non-violent drug possession offenses to receive a probationary sentence instead of being incarcerated. Defendants are required to participate in and complete a licensed or certified community drug treatment program. Compliance with the program in necessary or probation is revoked and you may be required to serve an additional sentence that may include jail time.