Cocaine
Simple possession of cocaine is generally prosecuted under California Health & Safety Code § 11350.
Orange County Criminal Defense Attorney
Tustin, California
Call (714) 589-3063
Disneyland guests come to Anaheim from across California, the United States and the world. A vacation can change very quickly when Disney security discovers cocaine, mushrooms, pills, marijuana or another controlled substance during the screening process.
Disneyland drug cases are real criminal cases. Security may detain or question the guest, Anaheim police may respond, and the person may leave the resort with a citation and a future Orange County court date.
But a citation is not a conviction. The actual charge, evidence, possession issues, statements, criminal history and eligibility for diversion or another negotiated resolution all matter.
If Disneyland security finds suspected illegal drugs, the matter can be turned over to law enforcement and lead to a California drug-possession charge. The exact offense depends on the substance and circumstances.
Many simple possession cases are misdemeanors, and some defendants may qualify for pretrial diversion or another resolution that can ultimately result in dismissal. Dismissal is possible in some cases, but it is not automatic.
Disneyland uses security screening before guests enter controlled areas of the resort.
Disney's current published rules state that people, bags, parcels, clothing and other items may be subject to screening or security checks.
Disney also lists marijuana and illegal substances among prohibited items.
A drug case can therefore begin before the guest ever reaches a ride or attraction.
In cases my office has handled, the critical interaction has occurred around a security checkpoint when Disney personnel observed or located suspected contraband and then contacted law enforcement.
Security may locate an item during screening or approach a guest based on something security personnel observed.
Questions may concern what the substance is, who owns it, where it came from and whether the guest knew it was inside a backpack, purse, container or other property.
Security can turn the suspected substance and the investigation over to law enforcement.
The response depends on the alleged offense and circumstances. In simple misdemeanor possession cases, some defendants are cited and released with a future court date rather than transported to jail.
Once a criminal case is filed, the question is no longer what Disney thinks should happen. The prosecution must prove the charged crime in court.
“Drug possession” is not one single California offense.
The statute depends upon what the alleged substance actually is.
Simple possession of cocaine is generally prosecuted under California Health & Safety Code § 11350.
Psilocybin and psilocyn are Schedule I hallucinogenic substances under California law. Simple possession is generally addressed under Health & Safety Code § 11377.
The analysis can depend upon the substance, prescription, person for whom the medication was prescribed, and circumstances of possession.
No.
California Health & Safety Code § 11054 identifies both psilocybin and psilocyn as Schedule I hallucinogenic substances.
Health & Safety Code § 11377 generally makes unauthorized possession of those substances a misdemeanor punishable by up to one year in county jail, subject to statutory exceptions and enhanced treatment for certain criminal histories.
A visitor may come from another state, another country, or another part of California where attitudes toward psychedelic drugs are different.
But a criminal case arising at Disneyland is analyzed under California law.
California Health & Safety Code § 11350 covers unauthorized possession of specified controlled substances, including cocaine.
For most defendants without the disqualifying serious prior convictions described in the statute, simple possession is a misdemeanor carrying a maximum of one year in county jail.
Drug possession cases involve more than proving that a substance existed.
Depending on the charged offense, prosecutors generally have to establish facts including possession or control and the required knowledge concerning the substance.
This issue is more complicated than simply saying, “They searched my bag without a warrant.”
Disneyland is private property, and its published rules tell guests that persons and belongings may be subject to security screening.
Constitutional search-and-seizure rules generally focus on government action. That means a search initiated by private security can raise different issues from a search initiated by police.
But the details still matter, particularly if law enforcement directed, expanded or participated in a search.
In this video, Orange County criminal defense attorney Hieu Vu explains how drug cases can begin at Disneyland security screening, how Anaheim law enforcement becomes involved and how a defense strategy can develop after the citation.
These cases are especially stressful for visitors because many defendants live hundreds or thousands of miles from Anaheim and have never been in an Orange County courtroom before.
Prior results do not guarantee the result of another case. They do, however, illustrate the different ways a Disneyland possession case can be addressed.
In one Disneyland matter, a visitor from Northern California had psilocybin mushrooms inside a backpack when the drugs were discovered during the Disneyland security process.
The client had no significant criminal history. We entered a not-guilty plea, worked through the pretrial process and presented mitigation rather than simply accepting a possession conviction.
The matter was ultimately resolved without a drug conviction after the client completed the required conditions.
In another case, Disney security observed a guest near the screening area manipulating a fanny pack and attempting to conceal an object in a shoe. The object was identified as a vial containing cocaine.
Anaheim police issued a misdemeanor citation under H&S § 11350. The client had no prior criminal history.
After negotiations and completion of 10 self-help meetings, the case was dismissed and the client avoided a drug conviction.
Some simple drug-possession defendants may qualify for California pretrial diversion under Penal Code § 1000.
The statute specifically includes offenses such as H&S §§ 11350 and 11377 among the offenses that can potentially qualify.
Eligibility also depends on factors including recent controlled-substance convictions, recent felony history, whether the current offense involved violence or threatened violence and whether there is evidence of other contemporaneous drug offenses outside the listed diversion offenses.
A possession case should not automatically be placed into one box.
Depending on the charge and circumstances, other issues can include:
This is extremely common in Disneyland cases.
Disneyland is a destination resort. Many defendants I speak with do not live anywhere near Anaheim.
Their biggest concern after the initial panic is often:
In many misdemeanor cases, California law permits an attorney to appear for the defendant under Penal Code § 977, although personal appearance can still be ordered in appropriate circumstances.
That can substantially reduce the burden for someone who lives in Northern California, another state or overseas.
Disneyland is located in Anaheim, and cases arising from Disneyland have historically been handled through Orange County's North Justice Center in Fullerton.
The North Justice Center is located at:
1275 N. Berkeley Avenue
Fullerton, CA 92832
Court assignments and filing practices can change, so the citation or filed complaint should always be checked rather than relying solely on an older case.
Cocaine, mushrooms, prescription medication and marijuana should not be treated as though they are all prosecuted under the same statute.
Drugs inside a person's pocket are different from drugs inside a bag shared by an entire family or group.
Admissions to Disney security or police can become important evidence of ownership and knowledge.
Determine what private Disney security did, when police became involved and whether governmental search-and-seizure issues exist.
A clean record can materially affect diversion eligibility, negotiations and mitigation.
Where the facts and law support it, the goal may be diversion, negotiated dismissal or another resolution that avoids a drug conviction.
Yes, it can be very important.
A clean record can affect diversion eligibility, negotiations, sentencing and the prosecutor's evaluation of whether the incident appears isolated.
But having no record does not automatically require the prosecutor or court to dismiss the charge.
Potentially.
Disneyland is private property and can impose its own property restrictions separate from what ultimately happens in criminal court.
For example, in one cocaine-possession case handled by my office, the guest received a 24-hour trespass warning from Disneyland after the incident even though the criminal case was later dismissed.
A real Disneyland cocaine-possession case that ended in dismissal.
Another Anaheim possession case resolved without a criminal conviction.
What can happen when an international visitor is accused of public intoxication at Disneyland.
Disneyland security may detain or question you and contact law enforcement. Depending on the substance and circumstances, Anaheim police may issue a citation or make an arrest for a California drug offense.
Disneyland's published resort rules state that persons, bags, parcels, clothing and other items may be subject to screening or security checks. The legal analysis differs from a police search because Disneyland security is private security, although police participation can create additional issues.
Yes. Psilocybin and psilocyn are Schedule I controlled substances under California law. Unauthorized simple possession is generally prosecuted under Health & Safety Code § 11377.
Simple unauthorized cocaine possession is generally prosecuted under California Health & Safety Code § 11350.
Yes, dismissal is possible in some cases through diversion, negotiated resolution or a successful defense, depending on the charge, criminal history and evidence. It is not automatic.
Penal Code § 1000 is a California pretrial drug-diversion law that can apply to specified simple possession and related offenses when statutory requirements are met. Successful completion can lead to dismissal of the criminal case.
Ownership, control and knowledge can become important issues. Drugs found in a shared bag or vehicle do not necessarily establish possession by every person associated with the property.
Disneyland cases have historically been handled through the Orange County North Justice Center in Fullerton. The citation or complaint should be reviewed to confirm the current courthouse assignment.
Not necessarily. In many misdemeanor cases an attorney may appear on a defendant's behalf under Penal Code § 977, although the court can require a personal appearance in appropriate circumstances.
No. A clean criminal history can help with diversion eligibility, negotiation and mitigation, but it does not guarantee a dismissal.
Potentially. Disneyland is private property and may impose separate property or trespass restrictions independent of the criminal case.
Statements made during the security encounter may become evidence in the criminal case. Whether particular statements are admissible depends on the circumstances.
Do not assume that a security incident at Disneyland automatically has to end with a drug conviction.
The substance, search, statements, possession evidence, criminal history, diversion eligibility and court strategy all matter.
Attorney Hieu Vu represents clients charged with Disneyland and Anaheim offenses in Orange County, including visitors from outside Southern California who may be able to avoid repeated travel for misdemeanor court appearances.