This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founder, Daniel Perlman who has years of legal experience as a Federal Crimes attorney. Our last modified date shows when this page was last updated & reviewed.
Being charged with a drug offense can turn your life upside down. Whether it’s a small amount for personal use or a serious trafficking case, any charge tied to controlled substances should be taken seriously. A conviction could lead to jail, probation, fines, or a permanent criminal record. You could even lose your job or professional license.
Perlman Defense Federal Criminal Lawyers helps people who are facing controlled substance charges under federal law and California law. We understand how these cases work and what the government must prove. Our goal is to protect your rights and your future. Even a first offense can carry harsh penalties if you don’t get the right help. With experienced attorneys on your side, you can fight back.
We guide you through each step and build a strong defense. If you've been charged with possession of a controlled substance, we’re here to defend you.
Controlled substances are drugs that the government regulates because they can be dangerous or are often misused. These substances are grouped into five schedules, based on how likely they are to be abused, whether they have a currently accepted medical use, and the risk of physical dependence or psychological dependence.
Under both federal law and California law, a controlled substance is any drug or chemical that appears on the government’s official list, known as the Controlled Substances Act. This includes illegal drugs like heroin and LSD, as well as prescription medications like oxycodone and anabolic steroids.
Even substances with a currently accepted medical use, such as cannabis in some states, can still lead to charges if you don’t have a valid prescription or if you’re caught in violation of federal rules.
Some of the most well-known controlled substances include marijuana, cocaine, methamphetamine, heroin, oxycodone, and LSD. Other examples include cannabis flower, cannabis concentrate, and anabolic steroids.
Many people are surprised to learn that even simple possession of these drugs without a prescription can lead to serious prosecution and harsh penalties.
Controlled substances are divided into five groups:
Understanding how schedule II drugs, schedule III drugs, and schedule IV drugs are treated under the law is important because it affects the kind of sentence and fine you might face if convicted.
People can face different types of charges depending on what they were doing with the substance. Whether you simply possess the drug, plan to sell it, or are caught making it, each charge brings different legal consequences.
Perlman Defense Federal Criminal Lawyers helps you understand the charges against you and builds a defense that fits your specific case.
A person can be charged with simple possession if they are found holding a controlled substance for personal use without a valid prescription. Even a first offense for possession of a controlled substance like marijuana, cocaine, or anabolic steroids can lead to jail time, probation, or a fine, especially if it's under federal law. Having prior convictions can also increase the severity of the penalty.
If you are caught with a large amount of drugs, especially schedule II drugs or schedule III drugs, the law may say you had plans to sell or give them to others. This is more serious than simple possession and often brings felony charges, which may lead to years of prison time and a large fine, even on a first conviction.
Growing cannabis plants, creating methamphetamine, or making any other illegal drugs can lead to serious felony charges. This type of charge often involves accusations of using chemicals or special tools to make controlled substances, and even if it’s done at home, it can still be a federal offense. Being convicted could result in long prison sentences and big fines.
This charge applies when someone is caught moving or selling controlled substances across cities, states, or even national borders. Drug trafficking is considered one of the most serious possession crimes, and it usually involves large amounts of schedule II, III, or IV drugs.
The penalties are harsh; longer prison time, high fines, and even life-altering consequences if the defendant has prior convictions.
Whether you are facing a misdemeanor or felony drug charge depends on many factors. This includes the type of drug, how much you had, if you had prior convictions, and what the police think you planned to do with the substance. Here's a breakdown:
Factor | Misdemeanor Drug Charge | Felony Drug Charge |
|---|---|---|
Type of Substance | Often lower-risk or schedule IV drugs with a currently accepted medical use | More serious schedule II drugs like heroin, oxycodone, or methamphetamine |
Amount Possessed | Small quantity for personal use | Large quantity suggesting distribution or trafficking |
Intent | Simple possession only | Possession with intent to distribute, manufacture, or trafficking |
Penalties | May include probation, drug education programs, small fine, or brief jail time | Can involve prison time, large fines, and mandatory rehabilitation programs |
Impact on Record | May be eligible for diversion (no criminal record if completed) | Leaves a felony conviction on your record, affecting jobs, housing, and future opportunities |
First Offense or Prior Record | Often treated more leniently, especially for a first offense | Second offense or more likely to result in harsher sentences and long-term penalties |
The law looks at several factors to decide how serious your charges are. If you're caught with schedule IV drugs like Xanax, that may be seen as less serious than having schedule II drugs like oxycodone or methamphetamine.
The law also checks if the amount you possess was clearly for personal use or if it was enough to suggest selling. If you have prior convictions or if the charge involves distribution, the penalties can be much harsher.
If you're facing a misdemeanor, it usually means the court believes you had a small amount of drugs just for yourself. Penalties for simple possession in these cases might include probation, a fine, short-term jail time, or drug education programs.
Some first-time offenders may even qualify for a program that helps them avoid a criminal record if they follow court rules. Still, even these lesser charges should be taken seriously.
A felony drug charge is much more serious. These usually involve large amounts of controlled substances, cases with plans to sell, or being caught with drugs like heroin or cocaine. Felony penalties can include several years of prison time, thousands of dollars in fines, and even mandatory rehabilitation programs.
A felony conviction can also hurt your ability to find a job or housing in the future, which is why fighting the charge with an experienced attorney is critical.
If you've been charged with a drug crime, there are legal defenses that may help reduce or dismiss the charges. Perlman Defense Federal Criminal Lawyers looks at every detail of your case to see if your rights were violated, or if there is a valid explanation for having the controlled substance.
Here are some common defenses we use:
Law enforcement must follow the rules when collecting evidence. If the police searched your home, car, or body without a proper warrant or legal reason, the evidence they found may not be allowed in court. Many possession crimes are dismissed if we show the search was illegal. This is a strong defense under both federal law and state law.
The law often requires proof that you knew the substance was illegal or that you meant to possess it. If you didn’t know it was there or someone else left it in your home or car, that can be a valid defense. The prosecution must prove you had both knowledge and intent beyond a reasonable doubt.
If you had a legal prescription for a drug such as oxycodone, anabolic steroids, or other schedule II drugs, you are not guilty of illegal possession. Having proof from your doctor that the drug was for personal medical use can protect you from drug possession charges.
If undercover police or agents pressured or tricked you into committing a crime you would not normally commit, that could be entrapment. This defense can be used if we can show you were forced or unfairly influenced by law enforcement into breaking the law.
1. What happens if I'm caught with marijuana in California?
While marijuana possession has been legalized for adults in certain amounts, having more than the legal limit or possessing it as a minor can still lead to charges. Also, federal law still treats marijuana as an illegal drug, which can matter in federal cases.
2. Are all controlled substances treated the same under the law?
No. The Controlled Substances Act divides substances listed into five schedules based on their medical use and potential for abuse. For example, Schedule I drugs like heroin have no accepted medical use, while Schedule IV drugs are considered to have a lower potential for abuse and include medications like Xanax.
3. Can I go to jail for a first-time drug offense?
Yes, you can. Even if it’s a first offense, some charges carry jail time, especially if the drug involved has a severe psychological impact or is considered highly addictive, like meth or heroin. However, many cases allow for alternatives like probation or diversion programs, especially with the help of a strong defense.
4. Does having a valid prescription always protect me from charges?
Not always. If you’re found with a drug that matches your prescription but you’re using it in a way that doesn’t follow medical directions, or you’re sharing it with someone else, you can still face drug possession charges.
5. Should I hire a federal criminal defense attorney for my drug case?
Yes. Federal drug laws are strict, and the penalties can be serious. An experienced lawyer can help you understand your legal options, protect your rights, and fight to lower or drop your charges. Perlman Defense Federal Criminal Lawyers focuses on defending people in these exact situations.
Facing a controlled substance charge can turn your life upside down. A single arrest for possession, distribution, or manufacturing of illegal substances may lead to jail, heavy fines, and a criminal record that follows you forever. The legal system does not go easy on drug possession cases, especially when Schedule II drugs or prior convictions are involved.
Perlman Defense Federal Criminal Lawyers understand how serious these charges are. Our team is ready to defend your rights and challenge the prosecution every step of the way. Whether you're accused of simple possession, drug trafficking, or something more complex, we work to protect your future.
You don’t have to fight this alone. Reach out to our firm today. We offer a free consultation and will listen carefully to your story. Together, we can build a strong defense and give you the best chance to move forward.
Daniel R. Perlman, the founding attorney at Perlman Defense Federal Criminal Lawyers, leverages his extensive background as a former prosecutor to provide superior defense strategies for clients across federal courtrooms. Earning his Juris Doctor from the Catholic University of America's Columbus School of Law, he first honed his legal skills with the Maryland State’s Attorney’s Office.
This diverse experience enables him to advocate effectively, understanding prosecution tactics intimately, which he expertly counters in defense of his clients. With a profound commitment to justice, Daniel leads his team in tackling complex federal cases, from white-collar crimes to violent offenses, ensuring the highest level of defense through every phase of the criminal process.
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