Possession of controlled substances like narcotics, heroin, cocaine, opiates, peyote, and other hallucinogenic products violates California Health & Safety Code 11350 HS. Even prescription drugs such as codeine, oxycodone, and hydrocodone count as illegal possessions unless you have a valid prescription and acquire them as directed. If you face these charges, you risk severe penalties that can become more serious if you delay contacting a skilled drug possession attorney in San Diego.
Lee Law Group DUI & Criminal Attorneys includes a team of experienced criminal defense lawyers prepared to defend your case. Since the firm’s founding, we have represented many clients accused of drug possession and achieved outcomes such as reduced, dismissed, or acquitted charges. Our team works hard to deliver each client a positive result.
Our attorneys remain up to date with changes in California law and court practices, providing the most relevant defense strategies as the legal landscape shifts. We have handled cases in San Diego Superior Court and recognize how local prosecutors tend to build possession cases. Our knowledge of regional law enforcement procedures allows us to tailor each defense to the specific nuances of the San Diego court system.
When you work with us, we proactively defend your rights and challenge the prosecution’s claims. Whether this is your first offense or not, we will not make your legal process harder. After learning your side of the story, we put our knowledge and skills to work, assessing your circumstances and finding the best path toward a favorable resolution.
At Lee Law Group DUI & Criminal Attorneys, we protect your rights and interests in every case. Our team crafts individualized strategies to help ease your situation. We consider every legal defense available and build a strong case aimed at proving your innocence or minimizing your penalties.
With us, you do not have to fear being left behind by an unprepared defense. Take the next step toward a better outcome with a dependable legal representative.
Call Lee Law Group DUI & Criminal Attorneys at (619) 975-2033 for your Free Consultation!
How San Diego’s Drug Court Process Works
For many people charged with drug possession in San Diego, your case may enter the local drug court system rather than run through the standard criminal track. San Diego’s drug courts handle cases involving nonviolent offenders who struggle with substance use, offering an opportunity for treatment and rehabilitation instead of incarceration. The courts require strict compliance with counseling, drug testing, and regular check-ins. Successful completion may lead to dismissal or reduction of charges, but missing appointments or violating terms can put penalties back on the table. Early consultation with a drug possession lawyer in San Diego can help you understand if you qualify for these programs and what you can expect at each stage. Our attorneys at Lee Law Group DUI & Criminal Attorneys are familiar with the preferences and expectations of judges and court staff at these local courts, so clients receive guidance built on real experience. If a diversion program makes sense for your situation, we help you prepare for its requirements so you can approach the San Diego legal process with more confidence.
Why Choose Lee Law Group DUI & Criminal Attorneys?
Affordable Justice
Everyone deserves a powerful defense. We’re committed to making fierce, effective representation accessible and affordable.
Experienced and Unyielding
With 20 years of legal experience, we’ve honed the instincts, strategy, and grit needed to deliver results—even in the toughest situations.
Client-Centered Protection
When you hire us, you’re under our wing. We take on your burden, reduce your anxiety, and give you the strength of knowing someone has your back.
Strength with Compassion
We combine inner steel with heartfelt empathy. Our clients aren’t just cases—they’re people who deserve to feel protected, supported, and understood.
Relentless Advocacy
We fight for our clients with unshakable determination. Like a pitbull in the courtroom, we don’t back down—ever—until the judge says it’s over.
Drug Possession Charges in San Diego, CA
No matter the drug possession charge against you, our defense attorneys will work to build a compelling case that protects your freedom or seeks to lessen your punishment.
Each drug possession attorney at Lee Law Group DUI & Criminal Attorneys stands ready to defend you against these common charges:
To convict you of a drug possession charge, the prosecution must prove you knew the substance was controlled and that you intentionally possessed or controlled it. At Lee Law Group DUI & Criminal Attorneys, our attorneys analyze the type and amount of drugs involved, as well as any prior drug-related records, to challenge the prosecution’s claims.
San Diego sees frequent enforcement of drug possession laws due to its proximity to the Mexico border and its role as a major transportation hub in Southern California. Local law enforcement agencies and task forces, such as the San Diego Police Department Narcotics Unit, regularly work with federal agencies to address drug-related offenses. If you are charged within San Diego County, your case might proceed through the San Diego Central Courthouse or a regional courthouse based on where law enforcement made the arrest. This local knowledge allows our drug possession lawyers to anticipate strategies prosecutors may use and to adapt a defense suited for San Diego’s courts.
The Impact of a Drug Possession Conviction on Your Future
A conviction for drug possession in San Diego can alter more than your immediate freedom. Long after any sentence or fines, you may face lifelong hurdles that affect employment, student loans, housing, and family relationships. Employers routinely screen applicants for criminal records, and many landlords in Southern California consider convictions before approving leases. Certain professions, including healthcare or education positions, may restrict or discipline license holders who receive drug convictions. In addition, some colleges and federal aid programs deny or delay acceptance to applicants with possession records. The practical consequences of a conviction reach far beyond the courtroom, so having a defense strategy that addresses long-term goals is critical. The team at Lee Law Group DUI & Criminal Attorneys will review impacts that matter to you—from your job to your family situation—and help you understand what options exist to protect your future in San Diego and beyond.
Our San Diego drug possession defense attorney will represent you in court, raising arguments to reduce your penalties, seek drug treatment in place of jail time, and negotiate for the best probation terms if the court does not dismiss your case.
San Diego prosecutors often seek tough sentences in drug possession cases, especially when the case involves larger quantities or any evidence of intent to distribute. However, for many first-time offenders or individuals struggling with substance use, judges may consider alternative sentencing, such as diversion programs or treatment options. Early intervention and effective advocacy can make a significant difference in whether a judge considers a non-custodial sentence. California’s Proposition 47 has reclassified some non-violent drug offenses as misdemeanors, potentially reducing jail time for eligible defendants, but having a defense attorney who thoroughly understands both the law and local policy remains crucial.
Penalties of Drug Possession Conviction in San Diego
Penalties for drug crimes depend on how the prosecutor charges your case. Key factors include the type of drug, its intended use, and your previous criminal record or drug convictions. For example, a second conviction for drug sales adds a minimum three-year enhancement to the base penalty from your prior case.
A drug possession conviction in San Diego can bring the following penalties or consequences:
Imprisonment in either county jail or state prison
Permanently having a criminal record
Substantial fines
Parole or probation
Mandatory AA or NA classes and treatment
Loss of the right to own firearms and other deadly weapons
Lifetime revocation of your California driver’s license
Being denied a state board license
Revoked or suspended professional license
Difficulty finding employment
Note that under the California Three Strikes Law, a previous serious felony increases your penalties significantly.
San Diego County courts handle drug possession sentencing based not only on state law but also on local directives and community corrections programs throughout the county. Diversion programs, such as PC 1000 or Drug Court, may offer an opportunity to avoid jail for those eligible. Our team reviews each case for these alternatives, helping you understand the steps for possible program admission and outlining realistic expectations based on local court practices.
What to Do Immediately After a Drug Possession Arrest
Your actions in the hours and days following a drug possession arrest in San Diego may influence the outcome of your case. After arrest, remain calm and avoid volunteering information to law enforcement. You have the right to remain silent and to request an attorney; use both. Promptly document the details of the arrest—including where police stopped you, the officers’ names, and whether they conducted a search. Write down any statements police made during the arrest, especially if you believe your rights were violated. If you hold a prescription for any drugs found, gather all paperwork tied to your doctor or pharmacy. Family members or friends can help by keeping records or photographs if evidence, property, or cash is seized. Avoid discussing your case, even with people you trust, until you speak with a drug possession lawyer in San Diego. The responsive team at Lee Law Group DUI & Criminal Attorneys can guide you through the next steps and help you avoid mistakes that could harm your defense.
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“I can’t thank Ernest Lee enough for their incredible work on my case. From the beginning, they were professional, knowledgeable, and truly dedicated to getting the best possible outcome for me.”
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“Mr. Lee was truly a godsend. From the moment I met him, he showed nothing but kindness, patience, and genuine care for me and my situation. He’s not just a brilliant defense lawyer—he’s someone who truly cares about his clients on a perso”
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“I am beyond grateful for the exceptional legal services I received from Mr. Lee. From the moment I reached out, he provided a level of professionalism, expertise, and dedication that truly made a difference.”
Possible Defenses Against a Drug Possession Offense
A drug possession charge does not mean you have no defense. At Lee Law Group DUI & Criminal Attorneys, we work to identify every opportunity to defend you in court.
We may present the following defenses to support your innocence or seek to reduce your charges and penalties:
1. You Have a Drug Prescription.
California Health & Safety Code 11350 HS allows legal drug possession with a valid prescription. You must follow all prescription instructions, possess only the prescribed amount, and hold the prescription in your name for this defense to apply.
2. Temporary Drug Possession
You might argue that you only temporarily held the drugs and intended to dispose of them promptly. This defense does not apply if you discarded the drugs merely because you noticed law enforcement approaching.
3. Not Aware of Drug Possession
You could claim you did not know about the drugs in your possession, perhaps because someone else left them with you accidentally or deliberately. You may also assert you did not know the substances with you were controlled substances.
However, fleeing from officers, refusing drug tests, or having prior possession charges may limit the strength of this argument.
4. Illegal Search or Seizure
Our drug possession attorney can argue that police acted illegally if they conducted an improper search or seizure. This includes arrests without warrants, exceeding the scope of a search warrant, or using unnecessary force. If proven, this argument can lead to evidence being suppressed or your case dismissed.
5. No Intention to Sell
If you face charges of possession with intent to sell, we can work to show you possessed the drugs for personal use rather than for sale. This defense can help lessen penalties and may qualify you for a drug diversion program instead of jail time.
Unique circumstances in San Diego, such as law enforcement’s frequent use of undercover operations and collaborative narcotics task forces, mean that many individuals encounter charges under complex conditions. Our team examines the actions of investigating officers and the reliability of their procedures, particularly when issues arise with evidence handling or chain of custody. We stay informed about current court rulings in San Diego County that affect search and seizure laws, strengthening your defense with proven, up-to-date strategies.
Top San Diego Drug Possession Defense Attorney
Conviction for drug possession can result in severe penalties.
Lee Law Group DUI & Criminal Attorneys includes highly skilled drug possession defense attorneys ready to assist with your case and represent you in court. We focus on minimizing penalties and seeking dismissed charges whenever possible.
In San Diego, legal representation familiar with both county and municipal law enforcement practices can make a significant difference. Our attorneys understand local procedures, from arraignment through pre-trial conferences, and prepare clients for every stage of their case. We keep clients informed about important court dates, filing deadlines, and what to expect when interacting with the San Diego District Attorney or local law enforcement. Preparation allows us to help clients face their defense with greater confidence and understanding.
Over the years, many clients have relied on our legal services, which are rooted in proactive and personalized defense strategies intended to reach the best outcome possible. Each of our criminal defense lawyers closely evaluates each case, identifies strong defenses, and advocates vigorously for your position in court.
If you want to avoid jail or the harsh penalties the prosecution pursues, contact Lee Law Group DUI & Criminal Attorneys—your trusted criminal law firm in San Diego, CA.
Drug possession remains a serious criminal matter. While penalties may be lower than for more violent crimes, the consequences can still have a lasting impact on your life.
Do not wait until imprisonment or large fines become inevitable. Reach out to a San Diego drug possession defense attorney right away.
FAQs
Will a first-time drug possession charge in San Diego lead to jail time?
Many first-time offenders are eligible for diversion programs or alternative sentencing in San Diego, depending on the details of the case. However, outcomes depend on individual circumstances, so early legal advice is important to help avoid jail and protect your future opportunities.
What happens to my driver’s license after a drug possession conviction?
Certain convictions in California can result in your driver’s license being suspended or revoked. Speak with a drug possession lawyer in San Diego to discuss how different charges or outcomes could affect your license status.
How do San Diego drug possession cases differ from cases elsewhere in California?
San Diego’s proximity to the border and robust drug enforcement initiatives mean local prosecutors and courts may handle possession cases more proactively. Local law and court options may also offer unique opportunities or present specific challenges not found in other California counties.
Lee Law Group DUI & Criminal Attorneys provides honest, knowledgeable legal representation and criminal defense. Call us at (619) 975-2033 or reach out to our legal counsel online for a confidential discussion.
