Is It a Crime to Sell or Possess Bath Salts in California?

The sale and possession of synthetic stimulants such as bath salts is illegal in California.

Is It a Crime to Sell or Possess Bath Salts in California?

In recent years, people across California have started to experiment with synthetic drugs, such as “spice” (synthetic marijuana) or bath salts (a type of synthetic stimulant). While you may think that using or selling “fake” drugs isn’t a big deal, it can actually result in criminal charges.

Under the California Health and Safety Code, it is a crime to sell or give synthetic stimulants to another person, or to use or possess synthetic stimulants. As a criminal lawyer in Fresno, CA can explain, both the sale of synthetic stimulants is a misdemeanor crime, while the use or possession of synthetic stimulants may be charged as a misdemeanor or an infraction.

Synthetic stimulants are part of a new class of drug that are designed to mimic the effect of drugs such as MDMA, LSD, meth, and/or cocaine. They may be marketed as jewelry cleaner, plant food, or bath salts. While these drugs may seem innocuous, they can cause severe side effects, including paranoia, increased activity, rapid heartbeat and paranoia. Nationally, there have been multiple news stories involving a person engaging in erratic behavior after consuming bath salts or another synthetic stimulant.

Under the law, it is illegal to sell, dispense, distribute, furnish, administer, give, or offer to sell or give any type of synthetic stimulant compound or derivative. It is also a crime to use or possess these drugs. If convicted of the sale of a synthetic stimulant, a misdemeanor offense, you may be sentenced to a term of up to 6 months in county jail and/or a fine of up to $1,000. If you are convicted of possessing or using a synthetic stimulant, you may be charged with either a an infraction or a misdemeanor, depending on the number of times that the offense was committed. You may be sentenced to a fine or a jail term of up to 6 months if you are charged with the use or possession of a synthetic stimulant.

A criminal lawyer in Fresno, CA can defend you against this type of charge after conducting a thorough investigation into the facts of your case. If you sold or used a drug other than a synthetic stimulant, this may be a defense to the charge. Alternatively, your lawyer may argue that you were falsely accused or that the drug was not within your actual possession. Depending on the facts of the case, your criminal lawyer in Fresno, CA may also move to suppress the evidence based on an illegal search or seizure. If a motion to suppress is granted, then the evidence cannot be used against you. In these situations, the charges may be dismissed if there is no admissible evidence to support the prosecutor’s case.

If you have been charged with a drug-related offense, the Chambers Law Firm can help. With more than 25 years of experience, including a stint as a prosecutor, Attorney Dan E. Chambers is well-suited to defending against these types of charges. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal lawyer in Fresno, CA.

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