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The Federal Controlled Substances Act, established in 1970, categorized drugs into five distinct schedules to streamline legal enforcement and regulatory measures across the United States. These schedules rank substances based on their accepted medical use, potential for abuse, and the likelihood of dependency.
Schedule 3 drugs, recognized for having a moderate to low potential for physical and psychological dependence, still pose significant legal risks. This article delves into the specifics of Schedule III drugs, exploring their legal implications, including the consequences of possession or trafficking charges and the steps one should take if facing such accusations.
What is the Scheduling System for Drugs?
Although Schedule III drug charges aren’t as serious as Schedule I[1] and II crimes, the outcome of your case will have a significant effect on your future. A federal law, enacted in 1970, The Federal Controlled Substances Act[2] classifies controlled substances (drugs) under a single law replacing an assortment of laws that had developed over time. Five separate categories were created by this law.
When classifying a drug, the first step is determining whether or not there are medical uses for the drug, and the second is the drug’s potential negative effect on mental or physical health, including the potential for addiction. The Federal Drug Scheduling System[3] classifies drugs according to how harmful they are and includes Schedule I, II, III, IV, and V. Schedule I is the most harmful and Schedule V has the lowest risk of abuse.
What are Schedule 3 drugs?
California follows the Federal Schedule for listed drugs in California Health and Safety Code § 11056[4] although California refers to them as C-III drugs. Schedule III drugs include narcotics and non-narcotics. Drugs included in the list[5] of Schedule III drugs include narcotics that contain no more than 90 milligrams of codeine per dose.
Examples of Schedule III drugs include:
Dronabinol
Suboxone
Tylenol with codeine
Vicodin
Non-narcotics on the list of Schedule III drugs include:
Anabolic steroids
Ketamine
Benzphetamine
Marinol – a synthetic version of THC
Phendimetrazine
When determining which drugs will be Schedule III drugs, the risk of dependence is considered. Drugs with a moderate or low risk of physical dependence that have a high risk of psychological dependence may be classified as Schedule 3 drugs. They also have a potential for abuse, but that potential is less than drugs classified as Schedule I or II drugs.
The penalties for a Schedule 3 drug charge depend on whether the charge relates to simple drug possession[7] or trafficking.
Civil Penalties
Possession can be charged in two ways. The Anti-Drug Abuse Act of 1988, Public Law. 100-690[8], contains “User Accountability” requirements for the possession of personal use quantities of illegal drugs. The law is codified at 21 U.S.C. § 844a.
In addition to potential criminal penalties, the “User Accountability” law holds users personally accountable by imposing civil penalties. Individuals convicted of possession of a Schedule 3 drug can also be denied public housing assistance and student loans. In some cases, prosecutors will use this law to punish minor drug offenders but don’t leave them with the stain of a criminal record that can impede their ability to support themselves or their families.
The fine can be up to $10,000, but the individual’s income and assets are considered, so it doesn’t burden poor people with impossible fines.
The public record can be destroyed for first offenders who meet the requirements of paying their fine, not being convicted of a crime during the following three years, and passing a drug test. Individuals with prior drug convictions and those who have taken advantage of this provision twice before are not eligible.
Criminal Penalties
Drug possession is also subject to criminal penalties that vary based on the quantity of drugs the person is found in possession of and their criminal history.
First offenders are usually looking at a maximum of 1-year and a fine of up to $1,000.
A second offense requires a minimum sentence of 15 days with a 2-year maximum and a fine of up to $2,500.
The third offense requires a minimum sentence of not less than 90 days and not more than 3-years and up the fine to a minimum of $5,000.
Any offense involving Flunitrazepam has a fine of up to $250,000 and up to 3 years in prison.
Minimum sentences may not be suspended or deferred.
Trafficking
Offenders guilty of trafficking illegal drugs are subject to stiffer penalties outlined in the DEA Enforcement Guide[9].
First offenders may not be sentenced to more than 10 years unless their crime caused serious injury or death, in which case the maximum is 15 years. The individual fine can’t be more than half a million, but if a company is involved, it increases to $2.5 million. The potential penalties and fines double for second offenses.
What to Do If You Have Been Charged with Possession of a Schedule III Drug?
If you are charged with any crime involving Class III drugs, you need a drug crime attorney to represent you and help you fight the accusations. Your personal freedom, finances, and your future depend on the outcome of the case.
Cannabis cultivation isillegal in California. There are a lot of people doing cannabis cultivation, but most of them are legally allowed to do so.
Many of you are probably wondering why the law favors a few individuals while they are punishing other people for marijuana cultivation. Marijuana can be considered a type of drug, and it can be used as a medication for certain diseases like AIDS, cancer, seizures, and more.
Cannabis growing laws in California are very strict[1] and if you are found guilty, you might face jail time and a fine. If you are thinking about cannabis cultivation, here are a few things that you should know about the laws in California.
Can you Legally Grow Marijuana in California?
Marijuana cultivation is more or less the growing of marijuana. In most places around the globe, growing marijuana is illegal. However, in some parts of the United States, you are given a cannabis cultivation license to legally grow cannabis.
California is loosening up its restrictions when it comes to cannabis cultivation. Although growing cannabis is still a serious offense, there are several ways in which you will be allowed to grow marijuana without breaking any laws.
In the past, you could only grow marijuana for medical purposes, but under Proposition 64[2], people living in California can now grow cannabis for recreational purposes.
California Cannabis Growing Laws
Under Proposition 64, drug cultivation for recreational use is legal[3], but there are restrictions on who can grow the plant and the amount that can be cultivated.
It will only be legal if both of the following statements are true:
The marijuana cultivator is 21 years or older
He/she cultivates no more than six cannabis plants.
Aside from these two, there are certain restrictions placed to make sure that they won’t go overboard. The cultivator needs to follow local ordinances placed by the city and they can only grow up to six weed plants in a single residence.
It means that even if you are living with your partner in a private residence, you can only grow up to six plants. In general, you can only grow weed indoors or within your private property. You can only do so in a locked space or in any area that is not visible to the public.
Penalties for Illegally Cultivating Cannabis
For marijuana cultivation, penalties for growing weed illegally can be divided into three:
Infraction: You will be given an infraction if[4] you are between 18 to 20 years old and you are growing weed in your house. It is punishable by a fine of $100.
Misdemeanor: You will be charged with a misdemeanor if you are 21 years or older and you are growing more than six plants. You might be put into custody in the county jail for up to six months or receive a fine of up to $500.
Felony:You will be charged with a felony when you are cultivating more than six plants and you are guilty of one of the following:
Violated environmental laws on cultivating marijuana
The penalty for a felony[6] is up to three years in jail and a fine of $10,000. There is also a marijuana law on possession and sale. You are only allowed to possess up to one ounce of dried marijuana or eight grams of concentrated cannabis.
You need a cannabis cultivation license if you want to be a seller of marijuana. It means that it is illegal to sell weed if you don’t have a license to do it. You are only allowed to grow your weed, but you are not allowed to sell it. You cannot give it to minors as well.
Growing and using marijuana for recreational purposes has become legal in some states, but they are still regulating it to make sure that the users won’t get too addicted. If you are penalized for growing marijuana, you can always get the best criminal defense lawyers in Los Angeles that would represent you in court.These professionals can also help you understand what you need to know to grow marijuana legally in your area.
What are the Defenses of the Unlawful Cultivation of Cannabis?
The following defenses are available to individuals charged with cultivating greater than six cannabis plants:
The cannabis belonged to another individual;
The defendant was not aware that the cannabis was where it was found;
The defendant was not aware that the cannabis was, in fact, cannabis;
The defendant is a licensed medical cannabis user whose medical needs require him/her to cultivate more marijuana than California law otherwise allows; or
If you have been charged with unlawful cultivation of cannabis, and you believe you are within one or more of the above-listed exemptions, contact the Manshoory Law Group as soon as possible.
The attorneys at Manshoory Law Group have extensive knowledge of and experience in the ever-changing area of drug law, and we will ensure that you are provided with an effective and aggressive defense so that you have the best possible opportunity at defending the charges asserted against you.
Everyone finds themselves in an uncomfortable situation at some point, and to avoid embarrassment or punishment, they may at least ponder pretending to be someone else. While it may seem harmless to impersonate another person, the law does not always look so kindly on this type of behavior and considers it an impersonation crime. In fact, depending upon the circumstances of the impersonation, criminal charges may be filed for pretending to be anyone, not just a public figure or member of law enforcement.
A criminal defense attorney should be the first phone call a person makes as soon as there is a possibility of criminal charges to protect his/her rights and to immediately begin to mitigate the fallout of any investigation. Impersonating a police officer is not taken lightly and can lead to criminal charges, even if no harm is caused.
Cases such as a man who allegedly posed as law enforcement[1] so he could pull a woman over on a highway in a southeast L.A. County suburb and use the opportunity to assault her sexually prove that the consequences of an impersonation crime should be harsh. A discussion of the crimes related to impersonating a police officer, as well as impersonating someone else in a private or public capacity, will follow below.
Impersonating a Police Officer: Consequences and Punishment
To be criminally liable for the crime of impersonating a police officer[2], causing harm to another, or deriving some benefit is not required. Instead, a person can be found guilty of this offense if he/she:
willfully wears or presents law enforcement insignia, uniforms, emblems, labels, and the like;
for the purpose of fraudulently inducing another to believe he/she is a police officer or fraudulently intending to impersonate a police officer.
Note that wearing a police uniform as part of a Halloween costume or for a part in a play would not constitute a criminal impersonation since the intent is not to fraudulently convince another person he/she was a police officer. This is a misdemeanor offense, and the potential sentences are probation[3], six months in county jail, and/or a $1,000 fine.
However, if a badge was used to induce a false perception, either real or fake, the sentence can increase to one year in county jail, and a $2,000 fine. Further, selling or transferring uniforms or badges that purport to identify the wearer as law enforcement is also illegal and brings potential jail time and substantial fines up to $15,000.
What are Fines for Impersonating Another Person
In addition to impersonating a police officer, it is also a crime to impersonate another person if harm is caused. False impersonation occurs when someone represents him/herself as another person to deceive others. However, the key element of this offense in most cases is whether an additional act was performed, beyond the deceitful misrepresentation, that:
creates a legal or financial liability for the person being impersonated; or
benefits the impersonator.
So can you go to jail for impersonating someone? The answer is yes. False impersonation is a wobbler offense in California[4], and a prosecutor’s decision as to whether the charge will be a misdemeanor or felony rests on the circumstances of the case, and the accused’s criminal history. And the question of how long can you go to jail for impersonating someone depends on the type of offense. As a misdemeanor offense, a conviction brings the potential for summary probation, one year in county jail, and $10,000 in fines, while a felony conviction brings up to three years in jail, $10,000 in fines, and/or formal probation. Further, anyone convicted of the felony charge of false impersonation is prohibited from owning firearms.
Hire a Criminal Defense Attorney
Incidents that start as jokes or harmless acts can quickly turn serious if misinterpreted by police. Do not take a chance with the rest of your life. Contact an experienced criminal defense attorney to handle your case. The Los Angeles law firm Manshoory Law Group, APC is dedicated to getting their clients the best possible results and is available to evaluate your situation. Attorneys are available 24/7. Contact us today for a free consultation.
When the police come knocking, it is natural for an individual to feel a rush of stress and anxiety as to why they want to talk. Potentially, a police officer isn’t interested in talking but rather in taking an individual into custody for a crime. When police are involved, they have the power to detain an individual, arrest them, or detain them followed by an arrest. There is a difference between detention and arrest, and it is critically important that a defendant who finds themselves in a potential criminal situation understand their rights.
Having the support of an experienced and skilled criminal defense attorney providing you with legal counsel when you are being questioned by the police[1] is critical to protecting your civil liberties. Defendants who are arrested and convicted of crimes face far-reaching disadvantages in life and reduced opportunities.
When you are in police custody, connecting with the Los Angeles criminal defense attorneys at the Manshoory Law Group is essential to the success of your case. While providing officers with your identifying information is advisable, answering any other questions they have about a crime should not be done without the support of your attorney.
How are Detention and Arrest Different?
Detainment and arrest are connected but are different. A detainment may not result in criminal charges, whereas an arrest will. You may be detained[2] because an officer suspects that you know about a crime or that you were connected to a crime, and their suspicion is reasonable and valid.
The officer can hold you for some time while they determine if their suspicion is backed up by evidence. This may come by way of questioning you or by an investigation, or both. In situations where the offense isn’t too serious, detention may not take too long. However, when detainment is in response to a major criminal event, detention can be prolonged.
Regardless of the crime you are suspected of being associated with, if law enforcement lacks sufficient information to link you to it, you will likely not be arrested and instead released. However, if further investigation uncovers evidence that establishes probable cause, you may be arrested at a later time. If you are arrested outright, both an investigation and questioning will typically follow.
In both detention and arrest situations, officers will try to use their position to find out as much information as possible to use against you either so they can arrest you or so they can support your charges.
In California, detention and arrest are two distinct legal concepts, each with specific implications for the individuals involved and the rights they have in each situation. Here’s a breakdown:
What is Detention in California?
Definition: A temporary hold or stop by law enforcement to investigate possible criminal activity. Detention does not mean you’re under arrest.
Legal Standard: Requires reasonable suspicion, which means the officer has specific, articulable facts suggesting you may be involved in criminal activity.
Duration: Generally brief; usually limited to the time needed to confirm or dispel the officer’s suspicions. This is often referred to as a Terry Stop[3] (from Terry v. Ohio).
Examples:
A traffic stop.
Being stopped on the street for matching the description of a suspect.
Your Rights:
You are not free to leave but are not under arrest.
Officers can ask questions, but you are not obligated to answer beyond providing basic identifying information (e.g., name).
If an officer begins a pat-down search (frisk), it must be based on a reasonable belief that you might be armed and dangerous.
What is Arrest in California?
Definition: A formal action where law enforcement takes you into custody because they believe you have committed a crime.
Legal Standard: Requires probable cause, which means the officer has enough evidence to reasonably believe you committed a specific crime.
Duration: Typically leads to being taken to jail or another detention facility, where you may be booked and held until released on bail, your own recognizance, or after seeing a judge.
Examples:
Being handcuffed and taken to jail after an officer finds drugs during a search.
Being arrested on a warrant for failing to appear in court.
Your Rights:
You must be informed of your Miranda rights before any custodial interrogation begins (e.g., “You have the right to remain silent…”).
You have the right to an attorney.
You may be searched incident to the arrest (e.g., for weapons or evidence).
Key Differences
Aspect
Detention
Arrest
Legal Standard
Reasonable suspicion
Probable cause
Duration
Brief (minutes)
Extended (hours or more)
Freedom to Leave
No, but not taken into custody
No, taken into custody
Rights Involved
Limited (e.g., no Miranda required)
Full rights, including Miranda
Can You Be Detained Without Being Told Why?
An arrest can happen without detainment, meaning if you commit a crime that an officer witnesses, they can arrest you on the spot. If a judge issues an arrest warrant[4] against you, an officer will use this legal document to find you and arrest you. Only in an arrest does an officer have to read you your Miranda Rights. Your Miranda Rights[5] detail your right to remain silent. While you won’t be reading your Miranda Rights during a detainment, you still have the right to remain silent, and you should know this so you don’t feel pressured to answer questions that could ultimately hurt your case.
Contact an Experienced Criminal Defense Attorney
Whether you are just detained or are arrested, it is important that you don’t self-incriminate or jeopardize your case in any way. TheLos Angeles criminal defense lawyers at the Manshoory Law Group will preserve your legal rights and see to it that you are treated fairly. Contact our lawyers at Manshoory Law Group today to schedule a free case evaluation at 877-977-7750.
Penal codes and their complexities in criminal law may be complex to understand, particularly if the focus is on certain crimes such as “contributing to the delinquency of a minor.” This term can be regarded as legal and bears an important legal meaning, especially for adults dealing with children. This blog seeks to explain what this offense entails, the legal aspects of this offense, the possible consequences, and the possible defense that any accused person could put forward.
What is Contributing to the Delinquency of a Minor?
Contributing to the delinquency of a minor involves actions[1] by an adult that cause or encourage a minor—anyone under the age of eighteen—to engage in unlawful behavior. This may include providing alcohol or drugs to minors, encouraging truancy, or promoting other illegal activities. In California, this offense is primarily addressed under Penal Code Section 272[2], although other legal codes may also apply.
This law is designed to protect minors from harmful influences and negative behaviors by holding adults accountable for their actions. For example, if an adult buys an item and urges a minor to steal it or provides substances prohibited for minors, they may be charged with contributing to the delinquency of a minor. Importantly, an adult doesn’t need to directly cause a minor to commit a crime; even encouraging situations that lead a minor to unlawful behavior can result in charges.
Key Legal Elements for a Contributing to Delinquency Charge
To successfully prosecute someone for contributing to the delinquency of a minor, certain key legal elements must be established:
Act or Omission: The defendant must have done an act or omitted to do something he was required by law to do.
Causation: The act or omission must have led to, or contributed to, the continuance of the child as an object of severance of their legal right to live with and be supported by their parents, or encouraged the becoming of a delinquent child.
Intent: The prosecution should prove beyond any reasonable doubt that the defendant did the act cited with general criminal intent or criminal negligence.
These elements highlight that even unintentional actions can lead to serious consequences if they encourage a minor to engage in delinquent behavior.
Is Contributing to the Delinquency of a Minor a Felony?
In most jurisdictions, contributing to the delinquency of a minor isclassified as a misdemeanor. However, certain aggravating circumstances can elevate the charge to a felony. For example, if the adult’s actions cause physical harm to the minor, the charge may be increased and lead to more serious penalties.
In California, Penal Code Section 272 typically classifies this offense as a misdemeanor, carrying a potential penalty for contributing to the delinquency of a minor of up to one year in jail and/or fines up to $2,500.
How Cases of Contributing to a Minor’s Delinquency are Prosecuted?
Cases of contributing to a minor’s delinquency are typically prosecuted by local district attorneys, who evaluate the facts to determine if there is sufficient basis for filing charges. To secure a conviction, the prosecution must prove beyond a reasonable doubt that:
Earlier, the defendant omitted or neglected to perform some duties.
This omission or action contributed to or encouraged the minor’s delinquent behavior.
Moreover, the witnesses that the prosecutors usually rely on are competent eyewitnesses, police reports, and other available evidence[3]. It drastically shifts the balance of proof on them because their allegations can change the life of the accused as well as the minor.
Punishment for Contributing to the Delinquency of a Minor
Punishment for contributing to the delinquency of a minor differs depending on the jurisdiction and actual circumstances of a case. Generally speaking:
Misdemeanor Charges: These may attract a prison term of up to one year in county jail and/or fines of up to $2,500.
Felony Charges: These can be raised due to aggravating circumstances (as in if it results in harm), and can include increased imprisonment periods and stiffer penalties.
Besides imprisonment and monetary penalties, individuals convicted may also be ordered to serve probation [4], perform community service, and, if necessary, attend counseling sessions.
Defenses to Contributing to the Delinquency of a Minor
Individuals charged with contributing to the delinquency of a minor have several potential defenses available:
Mistake of Age: If an adult genuinely believed the minor was over the legal age (e.g., eighteen), this would provide a defense.
Lack of Intent: Proving there were no intentions or knowledge about encouraging delinquent behavior may decrease charges.
False Accusations: Situations where the child makes up stories can also be valid if supported by evidence.
Insufficient Evidence: Charges may be dismissed if the prosecutor cannot prove all necessary elements beyond a reasonable doubt.
Criminal Defense for Contributing to the Delinquency of a Minor Cases
Such charges involve prosecution for allegedly encouraging juveniles to commit crimes [5], and anyone charged with this should hire a lawyer immediately. A qualified attorney can provide valuable insights into:
The gray areas of the local laws about juvenile offenses.
Possible bargains that could reduce the repercussions of such pleas.
Tactics in the creation of an effective defense based on the facts of the case.
A professional attorney will review every detail of the case, including the evidence that may be produced by the prosecution, and defend the rights of the accused in a trial.
Knowledge of contributing to the delinquency of a minor is crucial for any person having contact with children – as parents, tutors, neighbors, etc. This offense operates as both a preventive measure and a punitive one, aiming to prevent minors from participating in unlawful acts while restricting adults’ authority over them.
The consequences of being charged with this crime can be harsh and lifelong, hence the need to prevent and be informed. If you hear that you or someone you know may be charged with such an offense, consulting an experienced lawyer is key to successfully coping with such cases.
Juvenile delinquency laws, while primarily focusing on the legal protection of minors from abuse, also emphasize the adult’s role in ensuring youths do the right thing rather than making wrong choices easy to achieve. These laws encourage the growth of healthy childhood and youth environments, shaping responsible citizens for the future.
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