Charged With A Drug Crime In San Diego? The Right Attorney Is Crucial.
Last updated on July 7, 2026
The California legal system treats drug charge cases with strict scrutiny. Beyond potential jail time, a drug conviction creates a permanent criminal record that can affect your employment, housing and reputation. If police have arrested you or a loved one, you need a San Diego drug charge attorney who knows the local court system and can identify options for your situation.
Our attorney, Mark Deniz, represents clients facing drug charges in San Diego and beyond. He evaluates the facts of each case to work toward resolutions that may avoid a conviction. This includes exploring alternatives such as PC 1000 Pretrial Diversion, San Diego Drug Court and the treatment-mandated felony pathways, which allow for rehabilitation as a path to dismissal.
You owe it to yourself to find legal representation from the attorney who understands the local San Diego court system. Call The Law Offices of Mark Deniz APLC now to find out what strategies may be available to you. Call 858-429-9982 now or send an email.
Fighting All California Drug Charges
Our San Diego drug charge attorney, Mark Deniz, helps clients determine the best approach in any case:
- Drug sales/trafficking
- Possession of a controlled substance
- Possession of drug paraphernalia
- Possession with intent to sell
Our San Diego criminal law attorney Mark Deniz spent many years working in prosecuting agencies, and his unique legal perspective helps him plan effective defenses for drug charges.
Drug Possession (Health And Safety Code 11350)
In California, Health and Safety Code 11350 HSC serves as the primary statute governing the illegal possession of narcotics. This law prohibits you from possessing various controlled substances, including heroin, cocaine, fentanyl and certain prescription drugs, unless you hold a valid written prescription from a licensed healthcare provider.
To obtain a conviction under HSC 11350, the prosecution must prove several elements beyond a reasonable doubt:
- Possession: You exercised control over or the right to control the substance.
- Knowledge: You knew of the substance’s presence and its nature as a controlled substance.
- Usable amount: The substance was present in a quantity sufficient for use as a drug, not merely traces or residue.
The prosecution must meet all three of these requirements to move forward with a conviction.
New Penalties And Protections
Under current California law, prosecutors generally charge a first or second violation of HSC 11350 as a misdemeanor, punishable by up to one year in county jail and a fine. However, the law changed with the passage of Proposition 36 in 2024.
- Treatment-mandated felonies: If a defendant has two or more prior convictions for drug possession or sales, prosecutors can now charge a third offense as a felony. Eligible defendants can enroll in court-ordered treatment. Those who successfully complete this program receive a dismissal of the charges.
- Elevation to felony: Prosecutors can elevate the charge to a felony if the defendant has prior “super strike” convictions, is a registered sex offender or carried a loaded firearm at the time of the offense.
- Fentanyl warnings: The law now requires courts to issue a “fentanyl warning” to those convicted of selling or providing drugs, advising that they could face murder charges if a recipient later dies from those drugs.
These updates to the penal code represent a significant shift in how California handles repeat drug offenses and high-risk substances.
Consult A San Diego Drug Charge Lawyer
Our attorney has helped clients avoid jail time by enrolling them in pretrial diversion or drug rehab programs. Under Penal Code 1000, qualifying offenders can suspend their case while they complete treatment. Once they finish, the court dismisses the case without the defendant entering a guilty plea.
Determine your options under current laws. Call The Law Offices of Mark Deniz APLC at 858-429-9982 or use this contact form to talk about your case.