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Drug Charges

What Are Drug Charges?

Drug charges mean an individual is accused of a ‘drug crime’. For instance, a drug crime is an illegal involvement with controlled substances. Additionally, drug crimes are charged differently depending on the category and level of offense. Moreover, drug charges either lead to infractions, a misdemeanors, or felonies. However, the punishment for a drug charges depends on the level of the offense. Drug charges typically involve marijuana, methamphetamine, cocaine, paraphernalia, MDMA (ecstasy/molly), and other prescription drugs. Lastly, each punishment depends on the type of drug charge.

Types of Drug Charges

Level 1 Drug Offense

First offense drug charges involve possession for sale of less of than four ounces. Additionally the crime includes the sale of less than one ounce of a specified illegal controlled substance. Furthermore, this includes marijuana cultivation of 25-49 plants yielding more than 28.5 grams. Lastly, this includes possession or sale of up to 4 pounds.

Level 2 Drug Offense

Second level drug charges involve possession of 4-8 ounces of drugs for sale. Similarly, these drugs may be furnishing of 1-2 ounces of, a specified illegal controlled substance. Additionally these charges occur with the cultivation of at 50-74 plants. The possession for sale of 4-8 pounds is also a second level drug offense. Lastly, the sale of 1-5 pounds of marijuana is a level 2 drug offense.

Level 3 Drug Offense

Possession for sale of 8-16 ounces is a Level 3 Drug Offense. Similarly, the sale of 2-4 ounces a specified illegal controlled substance falls under the same charge. Additionally, the cultivation of 75-100 plants is a Level 3 Drug Offense. Lastly, possession for sale of 8-16 pounds, or the sale of more than 5-10 pounds, of marijuana falls under this category.

Level 4 Drug Offense

Possession for sale of 16+ ounces, or selling 4+ ounces of an illegal substance is a Level 4 Offense. Similarly, the cultivation of 100 plants or more is the same type of offense. Additionally, the possessing 16 pounds for sale or selling 10+ pounds of marijuana falls under the same category.

Actual Vs. Constructive Possession

Actual possession of drugs will happen finds law enforcement finds ‘personal use’ drugs on you. For example, if TSA finds weed in your purse, you will be charged actual possession. Additionally, constructive possession of drugs happens when law enforcement believes multiple people have knowledge and access to drugs. For instance, if a group is doing cocaine in a hotel gets caught, they may face constructive possession charges. The punishment for possession depends on the type of drug. Similarly, the punishment also depends on the quantity.

How To Fight Drug Charges

Drug charges are a serious offense on your criminal record. However, if you are facing a first time drug offense, you may be eligible for a Deferred Entry of Judgment. It is important to do whatever you can to fight drug charges because they can affect life in many ways. In some cases, they can affect your families’ life. Similarly, they can affect your professional life. Additionally, you may have trouble finding or keeping employment. Above all, they can affect your freedom. Whether you have prior convictions or not, when facing drug charges, you need an experienced drug lawyer

Stephen A. Varga completed his undergrad from Stanford University and Loyola Law School. He is a drug lawyer that has been operating out of the Greater Los Angeles Area since 1980. Furthermore, he has been handling drug charges since the beginning of his career. He will use every resource available in your defense. Do not hesitate and call the Law Office of Stephen A. Varga today for a free consultation.


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The information on this website is for general information purposes only. Information about possible sentences are only provided to give the reader a general idea. In any given case, sentencing considerations can be far more complicated. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

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