Over the course of a year, the SAPD Narcotics Unit detectives investigated two subjects suspected of selling narcotics throughout various cities in Orange County.
Detectives authored and executed a search warrant at a location in the City of Orange, where the following items were recovered:
- A loaded, un-serialized firearm
- Approximately 40,000 counterfeit oxycodone pills
- Approximately 3,000 Xanax pills
- Approximately 15 grams of ketamine
- Approximately 14 grams of MDMA pills
- Approximately $9,000 in U.S. currency
- Body armor
As a result of the investigation, both subjects were arrested and booked into the Santa Ana Jail for various felony charges.
Based on California law as of 2025, the suspects in your scenario could face multiple serious felony charges due to the nature and quantity of the drugs, the presence of a firearm, and other aggravating factors. Here’s a breakdown of the potential penalties:
1. Drug Possession with Intent to Sell
The quantities and types of drugs recovered (e.g., 40,000 counterfeit oxycodone pills, 3,000 Xanax pills, ketamine, MDMA) strongly suggest possession for sale, not personal use.
- Oxycodone (Schedule II) and MDMA (Schedule I): Charged under Health & Safety Code §11351 or §11378, punishable by 2 to 4 years in state prison per count.
- Xanax (Schedule IV): Possession for sale under Health & Safety Code §11375(b) can result in up to 1 year in county jail or 16 months to 3 years in state prison.
- Ketamine (Schedule III): Also falls under §11377 or §11379, with similar penalties.
If charged federally (which is possible due to the scale), penalties could be much harsher, including mandatory minimum sentences.
2. Counterfeit Pills
Possession of counterfeit controlled substances with intent to distribute is a felony under both state and federal law. This could lead to additional charges for drug manufacturing or trafficking.
3. Firearm and Body Armor
- Possession of an un-serialized (ghost) gun is illegal under California Penal Code §29180 and §16590, punishable by up to 3 years in prison.
- Possession of body armor by a convicted felon or during the commission of a felony can add enhancements under Penal Code §12022.2.
4. Cash Seizure and Asset Forfeiture
The $9,000 in cash may be subject to civil asset forfeiture if linked to drug trafficking. Prosecutors can seize assets believed to be proceeds of criminal activity.
5. Sentencing Enhancements
- Multiple felony charges can be stacked, leading to consecutive sentences.
- If either suspect has prior convictions, California’s Three Strikes Law could apply, significantly increasing prison time.
- Federal charges (e.g., under the Controlled Substances Act) could result in 10 years to life, especially with the firearm involved.
