Clandestine Drug Labs

As drug labs have become more and more common, California lawmakers have enacted numerous statutes to criminalize nearly every aspect of manufacturing drugs, even activities that seem fairly benign. If you’ve been charged with any California criminal offense related to operating a clandestine lab, you need a skilled defense lawyer on your side. Knowledgeable California drug lawyers from The Kavinoky Law Firm is well-versed in every aspect of fighting charges involving clandestine drug labs.

Although California’s clandestine lab drug laws cover the manufacture of many different types of drugs, methamphetamine is the most commonly produced drug at these sites. Methamphetamine can be produced almost anywhere by individuals without extensive knowledge about chemistry.

The California Health & Safety Code, which governs most drug offenses, contains numerous charges that can be filed in a clandestine lab case. The possible charges in a California drug lab case include manufacturing, possession of precursor chemicals with intent to manufacture, disposal of hazardous substances by a manufacturer of controlled substances, and many others.

In addition to the many charges that can be brought in a clandestine lab case, there are a number of sentencing enhancements that can increase the potential penalties even more. These include enhancements for weight, prior convictions, firearms, locations and minors.

You can also face charges and sentencing enhancements for the specific drug alleged to have been manufactured, whether it’s methamphetamine, crack cocaine, PCP, synthetic heroin, or so-called “club drugs” like GHB or Ecstasy. You can also be forced to pay fines and civil penalties related to the cleanup of drug labs.

Fortunately, it’s possible to fight these charges and win. Experienced California drug lawyers from The Kavinoky Law Firm will fight aggressively for your rights and freedom in your clandestine drug lab case. Please contact a top California drug lawyer today at 1-877-4-NO-CUFFS for a free consultation.

California Marijuana Laws – Drug Paraphernalia

Drug paraphernalia consists of a wide variety of items that are considered illegal in California if they are designed to aid in any activity related to the illegal use, distribution or transportation of marijuana. If found guilty of the crimes related to marijuana paraphernalia, the accused faces a misdemeanor, punishable by up to a year in county jail, a maximum $1,000 fine and a requirement that the individual forfeits the seized paraphernalia. In order to avoid these penalties, it is important to consult with an attorney who knows and understands the different defenses that apply to California’s drug laws.

Drug paraphernalia, with respect to marijuana, refers to all equipment, products and materials that are designed for use in planting, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, concealing, ingesting, inhaling, or otherwise introducing marijuana into the human body. Because of the wide variety of products that meet this definition, the following is only an example: scales and balances that weigh or measure marijuana, separation gins and sifters used to remove twigs and seeds from (or that otherwise clean or refine) marijuana, containers used to package or store marijuana and objects used to ingest or inhale marijuana, such as pipes, bongs and roach clips.

In order to determine whether an object is “drug paraphernalia,” the court will consider statements by the owner of the object concerning its use, any prior drug-related convictions of the accused, any instructions that were provided with the object concerning its use, how the object was displayed for sale and expert testimony concerning its use.

An individual who delivers, furnishes, or transfers, possesses with the intent to deliver, furnish, or transfer, or manufactures with the intent to deliver, furnish, or transfer, drug paraphernalia, knowing (or under circumstances where one reasonably should know), that it will be used to plant, cultivate, grow, harvest, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, conceal, ingest, inhale, or otherwise introduce marijuana into the human body will be charged with a misdemeanor, punishable by up to six months in jail and a maximum $1,000 fine. An individual 18 or older who does any of the above knowing that the recipient of the paraphernalia is under 18 and at least three years younger than he or she will be charged with a misdemeanor, punishable by up to one year in the county jail and the same maximum fine. A business owner found guilty of any of these activities who holds a California business or liquor license issued by the city, county and/or state may also lose that license. All seized paraphernalia will additionally be forfeited to the state.

It should also be noted that an individual who owns, operates or maintains a business where drug paraphernalia is kept, displayed, sold, furnished, transferred or given away (for legal substances) must keep it in a separate room, inaccessible to minors who are unaccompanied by their parents. Violating this law will not invite criminal penalties but may provide grounds for the revocation of one’s license.

California Marijuana and Drug Defense Lawyer

The outstanding criminal attorneys at The Kavinoky Law Firm specialize in everything related to California drug crime defense. They have mastered the defenses that are available to an individual charged with participating in an illegal marijuana paraphernalia activity and are dedicated to having their client’s charges either reduced or dismissed. With several law offices in Los Angeles and others located throughout California, they are easily accessible to anyone in need of a vigorous defense. For the most trusted legal advice and exceptional representation, contact them today for a free consultation.

The Role of a Substance Abuse Expert

If you’re like many defandants in California drug case, you may worry that the charges that you face will bring you a lengthy jail sentence. Fortunately it may be possible to obtain alternative sentencing that allows you to avoid incarceration. An evaluation from a qualified substance abuse expert may help you to obtain alternative sentencing in a California drug case. The CA drug lawyers to the Kavinoky Law Firm include an evaluation by a top substance abuse expert in its retainer for all cases involving drugs or alcohol.

Not every California drug defendant wants to enter a treatment program, but many could benefit enormously from rehabilitation. A knowledgeable substance abuse expert can determine during an evaluation whether drug treatment is indicated and what type of program would provide the greatest benefit.

The substance abuse expert can then make a recommendation to the court in your California drug case about what kind of treatment may benefit you. This may help persuade the court to grant you a sentence alternative and avoid a jail sentence.

Three types of alternative sentencing that may be available in your California drug case are a deferred entry of judgment, or DEJ; Prop 36; or drug court. Each of these options has their own requirements and benefits, and your CA drug lawyer can help you determine your eligibility.

A qualified substance abuse expert may make the difference in persuading the court to grant you alternative sentencing instead of jail time. To learn more about the role of a top substance abuse expert in a narcotics case, please contact a skilled California drug lawyer from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

California Marijuana Laws – Federal laws and rulings regarding medical marijuana

Although California has enacted legislation that permits medicinal marijuana use under specific circumstances, the federal government has done no such thing. In fact, federal laws and rulings continue to maintain that marijuana drugs have no medical value and are among the most dangerous drugs in our society. Federal charges relating to marijuana use, cultivation and distribution, when prosecuted, carry severe penalties. As a result of these consequences, it is critical that an individual charged with any of these activities immediately contacts a skilled criminal defense lawyer who has mastered this field of law and who understands all of the issues and defenses that coincide with the federal rules relating to medical marijuana use.

Marijuana is listed as a “Schedule I” drug, along with other “hard narcotics,” in the US Controlled Substances Act, which means federal law prohibits its cultivation, possession, sale or use for any purpose, including for therapeutic medical treatment. Even though this is the case, it should be noted that federal charges are typically filed only in large cases where commercial distribution is suspected. Nonetheless, when these charges are filed, only an experienced criminal attorney who specializes in this technical field should be retained.

Over the last decade, a number of Supreme Court cases have been decided that continue to hold medical marijuana use, growth and distribution illegal. Back in 2000, there were two cases that held that physicians have a First Amendment right to recommend that their patients use marijuana for medicinal purposes, but that they may not aid or abet their patients in actually obtaining the drug. The doctor may discuss the pros and cons of medical marijuana with his or her patient and may even issue a written or oral recommendation to use marijuana within a bona fide doctor-patient relationship without fear of legal reprisal. However, the doctor may not actually prescribe or dispense marijuana to a patient or recommend it with the specific intent that the patient will use the recommendation like a prescription to obtain the drug.

Medical marijuana use was again the focus in a 2005 case that held that federal law enforcement officials are permitted to prosecute medical marijuana patients even if the patient grows his or her own medicine and even if he or she resides in a state where medical marijuana use is protected under state law. The court’s ruling doesn’t invalidate California’s law that permits such use, which means that Californians with a doctor’s recommendation can continue to use marijuana without fear of local prosecution. Because federal law enforcement authorities do not have the resources to bring more than a few, token cases, the decision is not expected to have much practical effect on patients using marijuana for medicinal purposes in states such as this that have approved its use.

Perhaps one of the most controversial cases was decided in 2006 when a San Francisco federal jury found an Oakland resident guilty of cultivating cannabis, conspiring to cultivate, and maintaining a place where drugs are manufactured. Because it was a federal case and not a state case, jurors didn’t hear evidence regarding Proposition 215 or about the fact that the defendant was specifically authorized by the city of Oakland to grow medical cannabis. Jurors publicly recanted their “guilty” verdict after finding out all the facts.

Because the federal rules and state rules regarding medical marijuana conflict, it is advisable that anyone accused of participating in an activity relating to the medical use of marijuana consults a drug crime defense attorney. The exceptional attorneys at The Kavinoky Law Firm specialize in drug offenses and are the most qualified to defend their clients against the severe penalties that are often imposed in connection with drug cases. They keep up-to-date on the latest laws and case rulings regarding both federal and state medical marijuana issues, which allows them to provide their clients with the most comprehensive defenses available. For unparalleled legal advice and the best representation, contact the firm today for a free consultation.

Possession of marijuana for sale – lack of knowledge

Possession of marijuana for sale is an automatic felony in California, where as a personal possession charge may be prosecuted as either a misdemeanor or a felony, depending on the circumstances. In order to avoid the severe penalties that may be imposed in connection with a “for sale” charge, it is critical that an individual accused of this offense contacts a California drug crime defense attorney who is well versed with the many defenses that are applicable to this crime.

Lack of knowledge is one of these defenses. When a person is charged with possessing marijuana for sale, the prosecutor must be able to prove that the individual had the intent to sell the drug and that he or she had knowledge of its presence and its illegal character. If these knowledge requirements are successfully rebutted, the jury is not permitted to return a guilty verdict. The bottom line is that possession implies knowledge – without it, a possession charge simply won’t hold up.

Lack of knowledge is challenged in two ways. The first way deals with a lack of knowledge about the presence of the marijuana. This type of defense will work best when, for example, an individual buys new property that has a significant number of marijuana plants growing on a remote piece of the land. If the plants were discovered by the police and the property owner was charged with possession for sale (incidentally, he or she would probably also be charged with cultivating marijuana under this scenario), he or she could claim that it was a previous owner who grew the plants and that he or she had no knowledge of their existence, as he or she never ventured out to that part of the land.

Similarly, a lack of knowledge defense is raised when an individual doesn’t know the illegal character of the marijuana drug. Looking to the same scenario, perhaps the new property owner does know that the plants exist, but doesn’t know that they are marijuana plants – he or she only knows that “plants” are growing on the property. Without knowing that the plants are illegal or that they have a narcotic character, he or she has not committed a crime. It should be noted that this type of “knowledge” defense will only apply to someone who has no recorded history of any drug activities and to someone who didn’t make any incriminating, contrary statements to the investigating officers.

A lack of knowledge defense, when applied to a possession of marijuana for sale case will typically work best when the accused didn’t have actual (or physical) possession of the drug but rather was charged with constructive or joint possession of the drug. Although circumstantial evidence (that is, evidence that isn’t directly observed but is inferred from events or circumstances that surround it) may be used to prove that the accused had knowledge about the marijuana, a good criminal defense lawyer will know the most effective ways to challenge that evidence so that the defense will stand.

The exceptional criminal attorneys at The Kavinoky Law Firm know the ways that a “lack of knowledge” defense will be best applied and further know how to successfully convey it to a judge and jury to favorably represent their clients. They specialize in California drug laws and have mastered this, as well as the many other defenses that apply to “possession of marijuana for sale” cases. With law offices throughout the state, including several in and around Los Angeles, they are available to provide their outstanding legal advice and services to anyone in need of a skilled California drug crime defense attorney. To learn more about the defenses that apply to a possession for sale charge or for questions about any other marijuana or drug related legal matter, contact the firm today for a free consultation.

Clandestine Labs and Minors

Operating a clandestine lab is an extremely serious offense in California that carries harsh repercussions, and certain factors called sentencing enhancements, can, if proven, increase the punishment substantially. One possible sentencing enhancement in a California clandestine lab is the allegation that minors were present. Knowledgeable California drug attorneys from The Kavinoky Law Firm will do everything possible to protect you from the substantial consequences of a clandestine lab case with sentencing enhancements.

You cannot have the additional punishment of a sentencing enhancement imposed if you aren’t convicted of the underlying charge. And just like the underlying drug charges, sentencing enhancements must be proven beyond a reasonable doubt or you cannot receive additional punishment.

These are the sentencing enhancements that can be added to a California clandestine drug labs case if children are alleged to be present or involved:

Code Section Enhancement Sentence 11380 Utilizing, soliciting, furnishing a minor re: methamphetamine 3-6-9 11379.7 If guilty of 11379.6 or 11383 in structure where child under age 16 is present:
If 11379.6 or 11383 and child under 16 suffers great bodily injury:
Add two years

Add five years

11379.9 If 11379.6 or 11383 and death or great bodily injury occurs to an adult Add one year

It’s critical to aggressively fight both the underlying charge of operating a clandestine lab and any sentencing enhancements, such as the allegation that a minor was present, if you hope to avoid the harsh punishment of a drug manufacturing conviction.

Skilled California drug attorneys from The Kavinoky Law Firm have the experience needed to fight a clandestine lab case and any accompanying sentencing enhancements. Please contact a top California drug lawyer today at 1.800.NO.CUFFS for a free consultation.

Clandestine Labs – Fines and Civil Recoveries

In addition to the criminal charges that you can face in a California clandestine labs case, you can also be required to pay many thousands of dollars in fines and civil recoveries intended to go toward the cost of cleaning up hazardous materials at drug labs.

If you’re convicted of California Health and Safety Code section 11379.6, in addition to a three- to seven-year prison sentence, you can also be ordered to pay a fine of $50,000 toward drug lab cleanup.

Under California Health and Safety Code section 11100.05, you can be required to pay an additional drug lab cleanup fine of $10,000 to $100,000, depending on the offense. This money is paid into the California Clandestine Drug Lab Clean-up Account.

California Health and Safety Code section 11470.1 dictates that anyone who manufactures a controlled substance, assists someone else in doing so, or profits from the operation can be ordered to pay civil damages equal to the cost of cleaning up the lab. Unfortunately, the state can sue you to recover these costs even if you are never charged with or convicted of any criminal offense.

Because the state will seek to recover its costs under H&S section 11470.1 in a civil action, the standard of proof is far lower than it is in criminal court. Whereas in criminal court you must be found guilty “beyond a reasonable doubt,” in civil court all that’s needed is a “preponderance of the evidence.” This standard of proof is commonly described as “50 percent plus a feather,” meaning that it must be just slightly more evident that one party is responsible in order for the court to enter a judgment against that party. In these actions, the state has the burden of proof.

While the state can civil damages under H&S section 11470.1 independently of a criminal case, under H&S section 11470.2b, authorities can seek to recover the cost of cleanup in a civil suit that’s concurrent with the criminal case. The standard of proof is the same.

Clearly, allegations of operating a clandestine drug lab can threaten your finances as well as your freedom. Therefore, it’s critical to have an experienced California lawyer on your side to protect you from the substantial consequences of a clandestine lab allegation. Please contact the knowledgeable California drug lawyers from The Kavinoky Law Firm today at 1.800.NO.CUFFS for a free consultation.

Although the Controlled Substances Act (which is federal law) still states that all marijuana use illegal, several states, including California, have enacted laws that permit its use for medicinal purposes. This issue is still widely controversial, however, as many don’t believe that smoking marijuana has any legitimate medicinal value, arguing that legalizing marijuana for medical use is simply a smokescreen which will allow for easier access to a dangerous substance. These opposing groups maintain that Marinol – a pill containing THC (the primary active ingredient in marijuana) – is the best way to get a safe and legal dose of the ingredient that is reportedly helpful to those experiencing medical problems.

Regardless of how it is publicly viewed, the fact is that medical marijuana is legal in this state. However, the burden of proving that marijuana was used, grown or distributed strictly for medicinal purposes often lies in the hands of the accused, which is why it is so important that an individual accused of participating in one of these activities contacts a California drug crime defense attorney from The Kavinoky Law Firm who knows how to effectively and successfully convey this legitimate defense.

Cannabis sativa has been used therapeutically from the earliest records, nearly 5,000 years ago to the present day and its products have been widely noted for their effects, both physiological and psychological, throughout the world. It is noted for its ability to relieve the nausea and vomiting associated with chemotherapy for cancer patients, to assist with loss of appetite with AIDS patients and to help those who have certain eye conditions. These health benefits explain why several states have enacted legislation that permits marijuana use under very specific conditions.

It should first be noted that federal laws and rulings continue to hold that all marijuana use – marijuana cultivation, distribution and consumption – is illegal and won’t be tolerated. The Supreme Court has determined that marijuana must remain a schedule 1 drug under the Controlled Substances Act, which means that they recognize no medical value for the drug. Unless that changes, any activity related to marijuana use will continue to be a federal crime.

However, California, in addition to many other states, has enacted its own legislation that permits medical marijuana use under specific conditions. In 1996, California passed Proposition 215 (also known as the Compassionate Use Act), which has been codified in California’s Health and Safety Code as section 11362.5. This section allows seriously ill Californians to use marijuana, provided they first obtain a doctor’s recommendation.

Recognizing that Proposition 215 didn’t protect users from arrest (it only gave them a defense to use in court), the legislature enacted Senate Bill 420, codified in California’s Health and Safety Code, sections 11362.7 and 11362.8. The Bill was designed to establish a voluntary, confidential patient registry, administered by the Department of Health Services. This California law regulates medical marijuana use by patients and caregivers, city and countywide, providing strict guidelines that such individuals must follow in order to avoid prosecution under this marijuana use exception.

Although these laws now exist in California, designed to decriminalize medical marijuana use, cultivation and distribution, there are still problems within the system, making it absolutely necessary for an individual accused of one of these activities to hire an attorney who knows how to effectively convey this legitimate defense to a judge and jury. The skilled criminal attorneys at The Kavinoky Law Firm specialize in California drug crime defense and have mastered the laws that apply to medicinal marijuana use. They keep on top of the latest rulings and defenses that are relevant to this specific area of the law in an effort to provide their clients with the most comprehensive defenses available. With law offices throughout California, including several in Los Angeles, they are conveniently located for anyone in need of an exceptional criminal defense lawyer. For unsurpassed legal advice from a firm dedicated to helping those charged with drug offenses, contact The Kavinoky Law Firm today for a free consultation.

Club Drugs

Most substances referred to as “club drugs” are illegal in California, and possessing, selling and manufacturing them are serious accusations that carry extremely harsh penalties. If you’re facing any kind of California club drug charges, skilled California defense attorneys from The Kavinoky Law Firm is ready to review your drug case and begin fighting for your rights.

Ecstasy, or MDMA, is one of the most commonly used club drugs in California. While Ecstasy is not a scheduled drug, it’s considered an analog of MDA, a Schedule 1 drug. An analog is a substance that has essentially the same chemical structure and/or effect as an illegal drug. Under California Health and Safety Code section 11401, you can be charged with possessing, selling or manufacturing an analog of an illegal drug and, if convicted, receive identical punishment.

Possessing Ecstasy is a misdemeanor in California punishable by up to a year in jail. However, first-time offenders who aren’t accused of any violent offenses are typically eligible for diversion.

Possession of Ecstasy for sale is a felony in California and carries far harsher punishment than simple possession. Possession of Ecstasy for sale is punishable under California Health and Safety Code section 11378 by a prison term of 16 months to three years, and diversion is not an option.

GHB is another so-called club drug that is commonly used in California. Under federal law, GHB, or gamma-hydroxybutyric acid, is a schedule I drug. Under California law, GHB, GBL and its other precursors are Schedule II drugs.

Simple possession of GHB or its precursors is what’s known as a wobbler charge – it can be filed as either a misdemeanor or a felony. Misdemeanor charges are punishable by up to one year in jail, but individuals who meet certain requirements are typically eligible for diversion. If the offense is filed as a felony, you face 16 months to three years in prison if convicted.

Sale or transport of GHB is a felony punishable by two to four years in prison. Transportation of GHB between non-contiguous counties, meaning counties that don’t share a border, is a felony punishable by three to nine years in prison.

It’s illegal to possess, sell, or manufacture many other club drugs in California, and the repercussions of breaking these laws can be extremely harsh. If you’re accused of breaking California club drug laws, a skilled defense lawyer may be able to help. A knowledgeable California defense attorneys from The Kavinoky Law Firm is ready to review your case and begin planning your defense. Please contact a skilled California drug lawyer today at 1.800.NO.CUFFS for a free consultation.

Field sobriety tests in a DUID case

Field sobriety tests (commonly referred to as FSTs) are routinely conducted in California driving under the influence investigations, whether the driver is suspected of driving under the influence of alcohol or drugs. When testifying about the driver’s performance on these tests, the arresting officer will do his or her best to convince the judge and jury that the accused performed them improperly and displayed obvious signs of impairment. Because this type of testimony is typical in a driving under the influence of marijuana case, it is critical that the accused hires a skilled criminal defense lawyer who knows how to successfully challenge this type of evidence to help his or her client avoid the harsh penalties that are frequently imposed with this offense.

Field sobriety tests vary from state to state, from county to county and from officer to officer. Although many officers won’t tell the driver that these tests are voluntary, they are. FSTs are designed to test balance, coordination and divided attention – the skills that are deemed necessary to safely drive a car. There are a wide variety of tests that are used, but there are three that the National Highway and Traffic Safety Administration have classified as “standard,” which means that there are standard approaches for their administration and evaluation. These three FSTs include the Horizontal Gaze Nystagmus (HGN) test, which is an eye test, the one-leg stand and the walk and turn test. The main problem with these (as well as the non-standardized tests that are frequently used, such as the finger-to-nose, finger count and the hand-pat tests) as they relate to a driving under the influence of drugs (DUID) investigation is that they were designed to test a driver impaired by alcohol, not drugs. Studies have been conducted that reveal that individuals who have used marijuana have shown impaired abilities when it comes to maintaining balance, however, illness, fatigue and nerves can also contribute to this phenomenon.

In a vigorous effort to convict the accused, the prosecutor will have the arresting officer testify about and demonstrate all of the ways that the accused didn’t perform the tests as he or she was instructed. The prosecutor will then argue that the accused displayed mental and/or physical impairment when he or she could not mentally or physically follow the simple instructions that were provided at the beginning of the FSTs. However, a savvy criminal attorney will use those exact same tests to show a lack of physical and mental impairment and will simultaneously reveal the officer’s true bias towards making an arrest. The lawyer will ask the officer to testify about the overwhelming number of things that the accused did correctly when performing these tests, pointing out for the judge and jury that the discrepancy clearly indicates mental and physical competence and that the officer was only concerned with those issues that pointed to the driver’s guilt.

Clearly, the accused faces a tough situation when all the evidence seems to be pointing to his or her guilt. Seasoned officers and prosecutors know exactly what type of evidence to present to the judge and jury to make it seem like a suspected drugged driver is overwhelmingly guilty of driving under the influence of marijuana. The good news, however, is that a seasoned DUI defense attorney is just as capable as challenging this evidence to show that not only did the driver display signs that showed that he or she was perfectly capable of driving safely but that the officer conducted a biased investigation, only collecting evidence that pointed to guilt, dismissing evidence that pointed to innocence. The outstanding California DUID attorneys at The Kavinoky Law Firm have mastered the defenses that are available to an individual facing this charge. With law offices located throughout California, including several in Los Angeles, they are easily accessible for anyone in need of unsurpassed representation. For the most trusted legal advice, contact them today for a free consultation.