Sell Imitation Drugs

California Health and Safety Code 11355 HS: Selling Imitation Drugs

Under California Health and Safety Code 11355 HS, it is illegal to agree to sell, furnish, transport, administer, or give a controlled substance and then deliver a fake, substitute, or imitation drug instead.

The law applies regardless of whether the substance is truly a controlled substance, so claiming "it was fake” is not a sufficient defense on its own.

If you are charged under HS 11355, the allegation can be classified as either a misdemeanor or a felony, depending on the circumstances and the prosecutor's decision.

A conviction may result in up to one year in county jail for a misdemeanor or up to three years for a felony.

Your best chance for a favorable result is to consult an experienced California criminal defense lawyer at Cron, Israels & Stark. To arrange a consultation, call (424) 372-3112 or fill out the contact form here.

What HS 11355 Prohibits

HS 11355 concerns the illegal substitution of drugs during a prohibited transaction. Essentially, the crime occurs when someone guarantees the delivery of an authentic controlled substance but instead provides a different liquid, material, or substance.

This statute is frequently referred to as for "selling fake drugs,” “selling imitation drugs,” or “selling substitute substances.”

The main question is not whether the product was genuine, but whether the defendant intended to sell one thing and actually delivered a different item during the drug transaction.

Elements Of The Offense

To establish a violation of HS 11355, the prosecution typically needs to demonstrate that the defendant agreed, offered, arranged, or negotiated to unlawfully sell, furnish, transport, administer, or give a controlled substance, and then actually delivered or planned to deliver a different substance instead.

This means an offer by itself is insufficient. There must be tangible delivery of the substitute substance or actions indicating that the delivery was arranged.

Examples

• A person offers to sell cocaine but delivers baking soda instead.

• A seller agrees to provide heroin, then hands over a different white powder that is not a controlled substance.

• An undercover buyer asks for methamphetamine, but the defendant supplies crushed candy instead.

• A dealer promises fentanyl but gives the buyer an imitation pill made from another substance.

• A person claims they are selling ecstasy, but the product delivered is a harmless substitute with no controlled substance in it.

Common Defenses

Several defenses could be applicable in a California HS 11355 case, depending on specific circumstances.

Typical defenses include claiming there was no delivery of a substitute substance, that police conducted an illegal search or seizure, or that any statements were obtained through coercion or a coerced confession.

• No delivery of a substitute substance. The prosecution must prove an actual substitution took place.

• Illegal search and seizure. Evidence may be suppressed if police violated Fourth Amendment protections.

• Coerced confession. Statements made under pressure, threats, or improper questioning may be challenged.

• Entrapment. If law enforcement induced the offense, that may support a defense.

• Lack of intent or knowledge. The defense may argue there was no intent to deceive or complete an unlawful drug transaction.

• Insufficient evidence. The prosecution must prove every element beyond a reasonable doubt.

Related Crimes

Individuals charged under California Health and Safety Code 11355 are frequently accused of additional drug- or fraud-related crimes.

These typically encompass offenses such as imitation controlled substances, possession charges, and allegations of false statements or deceptive sales.

• California Health and Safety Code 109575 HS — manufacturing, distributing, or possessing an imitation controlled substance with intent to distribute.

• California Health and Safety Code 11350 HS — possession of a controlled substance.

• California Health and Safety Code 11351 HS — possession of a controlled substance for sale.

• California Health and Safety Code 11352 HS — sale, transportation, furnishing, or giving away of controlled substances.

• California Health and Safety Code 11375.5 HS — sale of a synthetic stimulant.

• California Health and Safety Code 11370.9 – laundering drug money

• Penal Code 484 PC — theft by false pretenses.

Frequently Asked Questions

What is California HS 11355?

HS 11355 is California law that prohibits offering or arranging to sell a controlled substance and then delivering a fake or substitute substance instead.

Is it still a crime if the drug was fake?

Yes. The fact that the substance was fake does not automatically negate the charge, as the law punishes the act of fraudulent substitution directly.

Is HS 11355 a misdemeanor or a felony?

It can be classified as either. HS 11355 is a wobbler offense, meaning it can be charged as a misdemeanor or a felony depending on the circumstances.

What is the maximum punishment?

A misdemeanor can carry up to one year in county jail, while a felony can carry up to three years.

Do prosecutors have to prove a real drug was sold?

No. The prosecution needs to demonstrate an unlawful offer or agreement related to a controlled substance, followed by the delivery of a substitute substance. The law targets the act of substitution itself, not merely the sale of the original narcotics.

Can someone be charged after a sting operation?

Yes. These cases are frequently charged following undercover operations or sting events, particularly when law enforcement suspects a fake substance was involved in a drug sale.

Speak to a Drug Crime Lawyer

If you're arrested or charged under California Health and Safety Code 11355, it's crucial to consult a drug crime lawyer promptly. An attorney can examine the evidence, contest the prosecution's case, and safeguard your rights from the beginning.

Drug cases tend to progress rapidly, making early legal advice crucial for a better outcome. The earlier you seek legal assistance, the sooner your attorney can assess defenses, negotiate with prosecutors, and aim to lessen or dismiss the charges.

Contact a California drug crime lawyer at Cron, Israels & Stark today for a confidential consultation.