O’Connor Law APC defends clients against drug charges involving the sale, possession, or manufacturing of marijuana, cocaine, LSD, ecstasy, heroin, crack, and methamphetamines, as well as certain controlled prescription pharmaceuticals such as morphine, codeine, methadone, and others. If you have been charged with being under the influence of drugs, possession of drugs for personal use, possession of drugs with the intent to sell, or narcotics trafficking, you need a Contra Costa County drug crime lawyer who can fight for your rights. Contact O’Connor Law APC for a free consultation today.
While state and federal law enforcement agencies focus on prosecuting people for drug crimes, criminal activity that poses a far greater danger to society goes relatively unchecked. One reason for the focus on drug crimes is that they are quite easy for police to pursue. Another reason is that the seizure of cash, real estate, and other assets in drug raids helps fund the operation of the DEA.
For these reasons and others, police and federal authorities aggressively pursue convictions for allegations of drug crimes. If you face charges for drug possession, trafficking, manufacturing or any other drug crime, you need a Contra Costa County criminal defense attorney who will aggressively defend your constitutional rights in court.
We aggressively defend clients accused in State and Federal Court of all drug-related charges, including:
As a government prosecutor, Matthew O’Connor was assigned to the District Attorney’s Specialized Narcotics Unit. Within this capacity, we have interfaced with every level of law enforcement, including the U.S. Drug Enforcement Administration (D.E.A.), California Bureau of Narcotics Enforcement, California Highway Patrol (CHP), and local drug task forces.
We defend all types of drug charges:
The penalties for drug charges in California can vary widely depending on the type of drug involved, the quantity, and whether the offense is classified as simple possession or something more serious like possession for sale, manufacturing, or trafficking. Under Penal Code § 1000, a first-time offender found in possession of a small amount of a controlled substance may be eligible for pretrial diversion, which dismisses the charge following the completion of a treatment or education program. Other cases may be referred to a collaborative drug court and mental health diversion under Penal Code § 1001.36 is available under the right circumstances. However, not all cases will qualify, and prior convictions for drug offenses may move a case out of diversion entirely, as detailed below.
Possession of a controlled substance without a valid prescription is typically charged as a misdemeanor, carrying up to one year in county jail and a fine of up to $1,000. However, when there is evidence of intent to sell—such as packaging materials, scales, or large quantities of cash—charges may be elevated to felonies. Felony convictions can result in several years in state prison, significant fines, and long-term consequences such as loss of professional licenses and immigration consequences for non-citizens.
Manufacturing drugs or engaging in large-scale trafficking operations is prosecuted even more aggressively. These charges often carry mandatory minimum prison sentences and are frequently filed in federal court, where sentencing guidelines are typically harsher.
A prior criminal record, proximity to schools, or involvement of minors can all serve as aggravating factors that increase the severity of the penalties. Each case is fact-specific, and an experienced drug crime attorney can help fight to reduce or dismiss charges, suppress unlawfully obtained evidence, and pursue alternative sentencing where available.
In November 2024, California voters passed Proposition 36, also known as the Homelessness, Drug Addiction, and Theft Reduction Act, which became law on December 18, 2024. With this, parts of Proposition 47 were rolled back. As such, if you have past drug convictions, this can substantially change your exposure. It is imperative to understand that this is a different law from the Proposition 36 passed in 2000 or the Proposition 36 passed in 2012.
Under Prop 36 (2024), a new offense under Health and Safety Code § 11395 was established, known as a treatment-mandated felony. This applies when someone is in possession of a “hard drug” and has two or more prior convictions, whether felony or misdemeanor, for a specified drug offense. Under this law, hard drugs include:
You should also note that convictions prior to December 2024 will count. Additionally, substances like cannabis, psilocybin, peyote, or LSD do not constitute “hard drugs” under this statute.
California charges this offense as a wobbler crime, which means it may be charged as either a misdemeanor or felony offense. A first felony conviction can carry 16 months, two years, or three years in county jail, and subsequent convictions will be served in state prison. The statute applies notwithstanding any other law, which means it may override the misdemeanor treatment of simple possession and the diversion options outlined above.
Proposition 36 (2024) also establishes a treatment track. This essentially means that a defendant who pleads guilty or no contest and completes a court-approved treatment program will receive a dismissal of the charge. The arrest will be treated as though it never occurred. However, failure to complete the treatment will result in judgment and sentencing on the underlying felony charge.
The 2024 enactment of Prop 36 resulted in more changes than just how possession is charged. Ultimately, it expanded weight-based sentences for the sale of hard drugs and requires those sentences to be served in state prison, regardless of criminal history. Additionally, the statute added fentanyl to the felony for possession of drugs in conjunction with a loaded firearm, and requires the court to inform those convicted of selling or trafficking hard drugs that they can face a murder charge if someone later dies from the drugs they supplied.
Ultimately, a charge under Health and Safety Code § 11395 depends on prior convictions, which must be pleaded in the charging document and either admitted or proven. Whether those priors qualify, whether the case is charged as a misdemeanor or felony, and whether treatment placement is available in the county are all matters in which an experienced Contra Costa County drug crime attorney can help change the outcome.
While California has legalized the recreational use of marijuana for adults aged 21 and older, there are still strict regulations in place—and violating them can carry significant legal penalties. Many people mistakenly believe that marijuana laws no longer carry consequences, but this is far from the truth.
For example, possessing more than 28.5 grams of marijuana (about one ounce) or more than 8 grams of concentrated cannabis is a misdemeanor punishable by up to six months in county jail and a fine of up to $500. Possession by anyone under the age of 21, even in small amounts, can result in mandatory drug education classes, community service, and fines.
It is also illegal to consume marijuana in public, drive under the influence, or transport marijuana across state lines. Violations can lead to citations, license suspension, or even misdemeanor or felony charges, depending on the circumstances.
Unlicensed cultivation, distribution, or sale of marijuana remains a serious offense. Operating a cannabis business without proper state and local licenses can result in felony charges, especially when large quantities or other aggravating factors are involved. Additionally, selling marijuana to minors or involving minors in a cannabis operation can lead to severe felony penalties, including state prison.
Don’t face drug charges alone–a skilled drug crime lawyer here at O’Connor Law APC stands ready to assess the circumstances of your case, and, from there, fight for the best outcome possible on your behalf. Contact O’Connor Law APC to schedule your free initial consultation with our firm today.
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