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Police claim meth, but drug is not meth...can they still charge for meth possession?

Oakville, CA |

A friend was arrested last month for possession of meth (2 small pills) and field test in the police station tested it as meth, but my friend (who did not talk to the police after being arrested) says he believes it is 2cb, a hallucinogen. He was charged with 11377aHS (possession) and 11379aHS (transportation) in addition to a DUI with BAC .10 . Is such a small amount grounds for the transportation charge? And also when the lab tests it and it comes back as 2cb will that charge still stand? Is 2cb (street name Nexus) in the same class of drugs as Methamphetamine?

Attorney Answers 2

  1. Your friend is going to need to fight the possession charges on the grounds of Meth. I don't know if he has an attorney, but if he does make sure they fight them.

    And yes, your friend can be charged with possession and intent to transport and even possession for sales (depending on the facts).

    He needs an attorney to fight this, if he can't afford one, make sure he gets the public defender.

    Good luck and feel free to contact my office with any additional questions you or he may have.

    Elliot R. Zarabi, Esq.
    (818) 478-9895

    Legal disclaimer: This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.

  2. This type of thing happens pretty frequently. First of all, unless your friend is the chemist or very close to the chemist, he has no idea what is in his "2CB." In fact, there may be a little bit of meth in the mix or some analog that triggered the field test for meth. 2CB is punished under the same sections (11377, 11379) as methamphetamine is, so the punishment is no different either way. They can charge him for transportation, no matter how small the amount is. Depending on the lab test results, they will just amend the complaint to charge him with whatever the lab turns up. Your friend, depending on his criminal history, could be eligible for Prop. 36 probation, which would mean no jail time and the case would eventually be dismissed if he successfully completed probation. However, in order to get Prop. 36, he must beat the DUI charge, as you can't do Prop. 36 if you also are charged with a DUI. With a .10, he does have a decent chance at beating the DUI, depending on what statements he made to the police, what the field sobriety tests were like, and what he blew on the PAS device. Your friend needs a lawyer. Feel free to have him contact me if he is looking for private representation.

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