Cocaine-related crimes are aggressively prosecuted in California, with severe consequences for those charged with offenses like simple possession, intent to sell, or large-scale trafficking. California’s 2025 DUI law updates impose penalties ranging from probation to years of incarceration for cocaine offenses, whether involving powder or crack cocaine. Both forms of the drug are treated seriously, and the law offers few leniencies.
Understanding these laws is crucial for anyone facing cocaine charges. Penalties vary depending on the drug-related offense but include heavy fines, long prison sentences, or mandatory drug treatment programs. Under Proposition 47, certain non-violent drug possession offenses may be reclassified as misdemeanors rather than felonies, offering opportunities for reduced penalties. Defense strategies, such as challenging the evidence or seeking diversion programs, can also help reduce or dismiss charges in some cases.

Simple Cocaine Possession

One of the most common cocaine-related offenses in California is simple possession. California Health and Safety Code § 11350 claims that possession of cocaine for personal use is typically classified as a misdemeanor offense. This means that if you're found in possession of a small amount of cocaine without evidence of intent to sell or distribute, the charge will usually be a misdemeanor.

Penalties for Simple Cocaine Possession:

• Up to 1 year in county jail
• Fines of up to $1,000
• Probation and mandatory drug treatment (in some cases, available through diversion programs)

California offers first-time offenders the chance to avoid a conviction through a diversion program under Penal Code § 1000, which allows for drug treatment or education in exchange for having charges dismissed and avoiding a criminal record. However, simple cocaine possession can become a felony if certain conditions apply, such as a prior criminal record or possession while armed, leading to penalties like fines up to $10,000 and prison sentences spanning from 16 months to 3 years.

Possession of Cocaine for Sale

When you are found with a larger quantity of cocaine or other evidence suggesting you intended to distribute the drug, you can face a much more serious charge: possession of cocaine for sale. This offense is governed by California Health and Safety Code § 11351, which deals with possession of controlled substances with the intent to sell or distribute.

Penalties for Possession of Cocaine for Sale:

• 2, 3, or 4 years in state prison
• Fines of up to $20,000

Penalties for cocaine-related charges can be more severe based on the circumstances, such as possessing a large quantity of cocaine or evidence of trafficking like packaging materials, scales, or large amounts of cash. In these cases, trafficking charges may apply, leading to harsher consequences.
If the cocaine is crack cocaine (cocaine base), the penalties can be even more severe, with prison sentences of 3 to 5 years. For quantities exceeding 1 kilogram, the penalties increase significantly, with additional prison time ranging from 3 to 25 years and fines up to $8 million.

Cocaine Trafficking (Selling or Transporting Cocaine)

Trafficking cocaine—whether for sale, transportation, or distribution—is one of the most serious offenses you can face in California. This offense is covered under California Health and Safety Code § 11352, which makes it illegal to sell, transport, or distribute cocaine in any capacity. It doesn't matter if the cocaine was meant for personal use or for others—if you are transporting or selling it, you are committing a crime.

Penalties for Cocaine Trafficking:

• 3, 4, or 5 years in state prison for trafficking cocaine
• Up to 9 years if the cocaine was transported across multiple counties within California
• Fines of up to $20,000

If the offense involves more than 1 kilogram of cocaine, the penalties can escalate, with potential additional prison time and significant financial penalties.

Enhanced Penalties for Trafficking

• Drug-Free Zones: If the cocaine is sold or transported near schools, parks, or other designated areas where children are likely to be present, the penalties can be enhanced.
• Federal Prosecution: Cocaine trafficking across state or national borders can result in federal prosecution, which comes with even harsher penalties, including mandatory minimum sentences.

Being Under the Influence of Cocaine

Another cocaine-related offense in California is being under the influence of the drug. California Health and Safety Code § 11550 declares that it is illegal to be under the influence of a controlled substance, including cocaine. This charge does not require that the individual be found with the drug; instead, it focuses on the individual's impairment due to drug use.

Penalties for Cocaine Use:

• Up to 1 year in county jail
• Probation with drug counseling or participation in a rehabilitation program

For first-time offenders, the court may offer an alternative sentencing option, such as diversion programs or deferred entry of judgment (DEJ). These programs enable the offender to evade jail time in exchange for attending drug treatment programs. Upon completion, the charges may be dismissed.

Driving Under the Influence of Cocaine

California Vehicle Code § 23152(f) makes it illegal to drive under the influence of cocaine or any other controlled substance. Cocaine impairs your ability to operate a motor vehicle safely, and a conviction for driving under the influence (DUI) of cocaine can lead to severe penalties.

Penalties for Cocaine DUI:

• Up to 6 months in jail for a first offense (though many judges grant a suspended sentence)
• Fines of up to $1,000
• Driver's license suspension
• DUI school

California treats DUI as a criminal offense involving drugs similarly to DUI offenses involving alcohol, with the same penalties for first-time offenders. However, repeat offenders face stricter consequences, and drivers with prior convictions may be subject to mandatory longer suspensions and additional treatment programs.

Defense Strategies for Cocaine-Related Charges

When facing cocaine-related charges in California, it's crucial to have an experienced criminal defense lawyer on your side. Defending against cocaine charges can be complex, but with the right legal strategies, it is possible to challenge the prosecution's case. Below are some common defenses against DUI charges in California used in cocaine-related cases:

Illegal Search and Seizure
One of the strongest defenses against cocaine charges includes police mistakes that you can use to boost your DUI defense. This includes illegal search and seizure defense. If law enforcement obtained evidence through an unlawful search—such as without a valid search warrant or probable cause—your attorney may be able to get that evidence suppressed, which could weaken the prosecution's case.

Lack of Knowledge or Possession
If the cocaine wasn't yours, or if you didn't know it was in your possession, your attorney may be able to argue that you did not have control over the substance. This is especially relevant if the drugs were found in a shared space, such as a car or home.

Entrapment
Entrapment takes place when law enforcement coerces or induces you to commit a crime that you otherwise wouldn't have committed. If an undercover officer pressured you to buy or sell cocaine, this could serve as a viable defense.

Addiction and Rehabilitation
In some cases, a defense based on addiction may be presented, especially for first-time offenders. California offers alternative sentencing options such as drug diversion programs, which allow individuals to complete treatment instead of serving jail time.
Cocaine-related crimes in California carry serious penalties, spanning from fines and probation to serious prison sentences. Whether you're facing charges for possession, use, trafficking, or DUI, it's essential to understand the gravity of the situation and the potential consequences.
If you're facing cocaine-related charges, it's crucial to seek the help of a criminal defense law firm in California with experience handling drug crimes. Bulldog Law is a trusted name in the legal community, offering expert defense strategies tailored to your unique situation. Don't face these charges alone—contact a skilled attorney to consider your defense options and take the first step toward protecting your future.