In California, it is against the law to sell or transport (without a valid prescription) controlled substances. This crime is detailed by California Health and Safety Code 11352 HS and is deemed a felony with a punishment of up to nine years in prison and/or a fine of up to $20,000. This law typically pertains to the sale of opiates like Vicodin and excludes the sale and transportation of meth or marijuana.
To be specific, this law prohibits the sale of drugs, transporting a controlled substance with an intent to sell it, giving a controlled substance away, and administering illegal drugs to others.
If you want more details about selling and transporting controlled substances in California, continue to read the rest of this article to learn everything you need to know; the H Law Group is here to answer your questions and fill in the blanks.
To be guilty of “selling or transporting drugs,” someone has to do one or more of the following:
Controlled substances that someone is prohibited from selling or transporting under HS 11352 include opiates and their analogs, heroin, GHB, cocaine, peyote, and Vicodin. To be charged with transporting a drug, one simply needs to move an adequate amount from one location to another with an intent to sell. This can be by foot, bike, car, plane, etc. A person can also violate this law simply by offering to sell, transport, or give away drugs. They have to make the offer and also have the intention of following through on it. They also needs to be aware that they are breaking the law in this way. If they did not know the drug was on their person, or they were not aware that it was a controlled substance, then they cannot be convicted of this crime.
Violating Health and Safety Code 11352 is deemed a felony. This crime carries a punishment of up to five years in jail, or up to nine years in jail if someone is convicted of transporting drugs across two or more county lines. Someone in violation of this law can also face a fine of up to $20,000. A person may not be eligible for felony probation if they are convicted of selling heroin, cocaine, cocaine base, or meth. This is more likely if they also have prior convictions.
There are several ways that a person can face a sentence that is more severe than the usual punishment. Drug trafficking near a homeless shelter or a drug treatment facility can cause someone to face an additional year in jail.
Selling or transporting large amounts of heroin or cocaine can cause a drastic change in sentencing. The amount of additional jail time that someone can face depends wholly on how much of the drug that they were transporting or selling. On the extreme end, they can face an additional 25 years of jail time if they sell or transport more than 80 kilograms of the drug.
If someone has a prior drug conviction, then they can serve an additional three years of jail time for each conviction.
Selling drugs to someone pregnant, being treated for a mental disorder or drug problem, or that have previously committed a violent crime will likely cause a judge to give someone the harshest punishment possible.
This is a deportable crime under immigration law. Be sure to contact an attorney immediately if you are an immigrant facing the mentioned charges.
If someone willfully hires or involves a minor in the sale or transportation of drugs, they can face up to nine years of jail time and up to an additional two years if the drug was cocaine or heroin. They can also face additional charges if the incident takes place near a school or church.
There are a few different legal defenses that one can pursue if charged with this crime.
They can claim that law enforcement engaged in illegal search and seizure. If the police search someone’s property without a warrant or without probable cause, then the evidence they found can be dismissed from a case. Claiming other police misconduct like planting evidence, falsifying probable cause, or using excessive force can be an adequate legal defense. Another is claiming entrapment by law enforcement, or simply that the police persuaded a person to transport or sell drugs. A person can claim they did not know the item they were caught selling or transporting was a controlled substance.
HS 11351 makes it illegal to simply possess a controlled substance with an intent to sell and covers the same illegal drugs as HS 11352. This is a felony punishable by up to four years in jail. HS 11379 details the sale and transport of meth. This law is similar to HS 11352 and covers other drugs like PCP, ketamine, and ecstasy. This is typically punishable by up to four years in prison. HS 11360 details the sale and transportation of marijuana which carries a punishment of jail time of up to four years. HS 11357.5 details the sale of synthetic drugs. HS 10975 and 11355 detail the sale of imitation drugs. All of these offenses carry a punishment of up to six months in jail and/or up to a $1000 fine. HS 11370.9 details money laundering the profit of drug sales. This can be punishable by four years in prison and/or up to a $250,000 fine. HS 11366 details maintaining a drug house and is punishable by up to three years in prison.
If you find yourself facing the charge of selling or transporting drugs, then you can contact us at H Law Group for more information or even legal counsel. To contact us, please visit our website at the following link: https://www.thehfirm.com/.