On Saturday, March 14, one of our deputies was on patrol near Doheny Park Road and Pacific Coast Highway when they made contact with two individuals in the area, according to Dana Point Police Services.
During the interaction, the deputy noticed what appeared to be narcotics in plain view.
A search was conducted, which led to the discovery of methamphetamine, additional narcotics, and drug paraphernalia. In total, about 26 grams of methamphetamine was recovered, along with two glass pipes.
After further investigation, one of the individuals, who had a history of narcotics-related arrests, was taken into custody on multiple charges. The second individual, who had no prior convictions, was cited and released.
Legal Penalties Faced by the Suspect
1. Possession of Methamphetamine (Health & Safety Code 11377 HS)
While simple possession is often a misdemeanor, the suspect’s specific circumstances may elevate the severity:
- Felony Potential (Proposition 36): Since December 2024, under Proposition 36, individuals with two or more prior drug-related convictions can be charged with a felony for possession of “hard drugs” like methamphetamine.
- Misdemeanor Penalties: If charged as a misdemeanor, the suspect faces up to one year in county jail and a fine of up to $1,000.
- Felony Penalties: If charged as a felony due to their criminal history, the suspect faces a sentence of 16 months, 2 years, or 3 years in state prison and a fine of up to $10,000.
2. Possession for Sale (Health & Safety Code 11378 HS)
The recovery of 26 grams is a significant amount—often considered more than what is typical for personal use. If prosecutors argue intent to sell:
- Sentence: This is a straight felony carrying 16 months, 2 years, or 3 years in jail.
- Registration: A conviction for possession for sale requires mandatory drug offender registration for five years.
3. Possession of Drug Paraphernalia (Health & Safety Code 11364 HS)
The two glass pipes found fall under this category:
- Classification: This is a misdemeanor charge.
- Sentence: Penalties include up to 6 months to 1 year in county jail and a fine of up to $1,000.
4. Impact of Prior Convictions
Because the individual has a “history of narcotics-related arrests”:
- Diversion Ineligibility: They are likely ineligible for drug diversion programs (like PC 1000 or Proposition 36 treatment) which are typically reserved for first- or second-time non-violent offenders.
- Sentencing Enhancements: Prior convictions can serve as aggravating factors, leading a judge to impose the maximum allowable sentence within the “wobbler” range.