Synthetic Marijuana Defense Attorney in Orange County
Synthetic cannabinoids — commonly known as K2, Spice, or synthetic marijuana – have been the subject of increasing law enforcement attention and legislative action in recent years. Despite being marketed as a legal alternative to marijuana, many of these substances are now expressly prohibited under California and federal law. If you have been arrested for possession, sale, or distribution of synthetic marijuana, you need an attorney who understands how these cases are prosecuted and how to defend them. Attorney David A. Stein has extensive experience defending drug charges throughout Orange County and Southern California.
What Are Synthetic Cannabinoids?
Synthetic cannabinoids are man-made chemicals that are sprayed onto plant material and sold under brand names like K2, Spice, Black Mamba, Kush, and others. While they are designed to mimic the effects of THC, the active ingredient in marijuana, they are chemically distinct and are not marijuana under the law.
The legal landscape around synthetic cannabinoids is complicated. Manufacturers have historically attempted to stay ahead of the law by altering the chemical structure of their products, sometimes producing substances that are not yet explicitly scheduled. However, federal and California law have expanded significantly to address this tactic.
California Law and Synthetic Cannabinoids
California Health and Safety Code Section 11357.5 specifically prohibits the possession, sale, and distribution of synthetic cannabinoids. Additionally, the Federal Analogue Act, part of the Controlled Substances Act, treats chemically similar analogs of Schedule I substances as Schedule I substances themselves, which means federal charges are a real possibility in some synthetic marijuana cases.
Penalties for synthetic marijuana offenses in California include:
- Possession: Misdemeanor charges with fines and potential jail time
- Sale or distribution: Felony charges with state prison exposure
- Manufacturing: Serious felony charges with significant prison exposure
Defending Synthetic Marijuana Charges
Synthetic marijuana cases often involve complex chemical and legal questions that require careful analysis. Key issues in these cases include:
- Whether the specific substance involved is actually prohibited under California or federal law
- Whether law enforcement properly identified the substance
- Whether the search that led to the arrest was constitutionally valid
- Whether there is sufficient evidence of intent to sell
Because the law in this area changes frequently and the chemistry can be complex, having an attorney who is current on the legal landscape is essential.
Call the Law Offices of David A. Stein at (949) 528-8057 for a free case evaluation.