Health and Safety Code 11379 HS - Sale or Transportation of Methamphetamine
The serious felony of selling or transporting methamphetamine under California law is governed by Health and Safety Code 11379. If convicted, you cannot qualify for drug diversion instead of jail.
This charge is often filed when someone is caught driving with methamphetamine and is suspected of selling it. It may also apply if methamphetamine is exchanged for services or simply given away.
To establish the crime under HS 11379 involving the transportation or sale of methamphetamine, the prosecutor must prove you were actively involved in selling, transporting, or distributing methamphetamine.
It is important to note that charges under Section 11379 can also relate to the sale or transportation of other substances, not just methamphetamine.
This subsection particularly criminalizes activities involving "date rape" drugs like GHB and Ketamine, along with specific anabolic steroids.
Most prosecutions under this subsection involve the sale or transportation of methamphetamine, a controlled substance that is illegal to possess in nearly all cases.
Definition of HS 11379
Health and Safety Code § 11379 defines the crime of sale or transportation for sale of methamphetamine as: "Anyone who transports, imports into California, sells, furnishes, administers, or gives away, or offers to do same, any controlled substance which is classified in Schedule III, IV, or V."
In other words, HS 11379 makes it illegal to perform any of the following acts:
- Transport methamphetamine between locations.
- Sell or trade meth for money, services, or other valuable items.
- Administer or distribute methamphetamine to another person.
- Attempt or try to carry out any of these acts.
Transport Meth for Sales
Health and Safety Code 11379 bans the sale or exchange of methamphetamine for cash or other valuables. It also makes it illegal to transport methamphetamine with the intent to sell, regardless of the distance.
Notably, Section 11379 also criminalizes giving or 'furnishing' methamphetamine to someone else, even without payment. Attempting to commit these crimes, or offering to do so, is also punishable under the same law.
It is important to note that proving a "usable amount" of methamphetamine is essential for establishing a violation of Health and Safety Code § 11379.
Consequently, small traces of residue on a person, even if accompanied by other signs of drug sales like large sums of cash, baggies, or scales, should not alone justify a felony charge under this law.
What are the HS 11379 Penalties?
The penalties for violating Health and Safety Code § 11379, which is always a felony in California, can vary significantly based on specific enhancement provisions. The penalties include:
- The basic offense of selling or transporting methamphetamine carries a punishment of two, three, or four years in state prison, a $10,000 fine, or both.
- If the prosecution proves that you transported methamphetamine across at least two county lines, your prison sentence can be increased to three, six, or nine years.
- If the sales took place within 1000 yards of a drug treatment center, detox facility, or homeless shelter, there is an extra one-year sentencing enhancement.
- If a minor participates in the sales—whether as a mule, lookout, or in any other role—an extra sentence of three, six, or nine years may be added. Most notably, sales involving large amounts of methamphetamine—more than one kilogram—can lead to increased prison terms of up to 15 years.
Note that Section 11379 is classified as a straight felony, not a "wobbler," meaning it cannot be downgraded to a misdemeanor. Usually, drug diversion or deferred entry of judgment aren't options for such crimes.
Therefore, pretrial negotiations with your California criminal defense lawyer are essential to seek an early reduction of the charge—potentially lowering it from a felony to a misdemeanor or qualifying for a diversion program.
What are the Related Crimes?
- Health and Safety Code 11352 - Transport or Sell Controlled Substances
- Health and Safety Code 11377 - Possession of Methamphetamine
- Health and Safety Code 11378 - Possession of Meth for Sale
- Health and Safety Code 11550 - Under the Influence of Methamphetamine
- Health and Safety Code 11379.6 - Manufacture a Controlled Substance
- Health and Safety Code 11383.5 - Possess Meth Manufacturing Materials
How to Challenge Selling or Transporting Meth Charges
Like many possessory crimes, a frequent defense is claiming you were not knowingly in possession. For instance, you might argue that the methamphetamine found belonged to someone else, and you were unaware of it.
Even if you were indeed in possession, it can be unclear whether your intent was for personal use or for sale. Evidence indicating sales activity beyond just the drug's presence is crucial.
Larger quantities of a substance suggest increased sales activity more than smaller amounts. Additionally, the discovery of substantial cash, firearms, baggies, scales, and other drug-related paraphernalia supports the claim that the defendant was in possession of or transporting methamphetamine for sale.
Clearly, undercover operations where the defendant sells or tries to sell methamphetamine to an officer or cooperating witness strongly support the conclusion that the defendant is a drug dealer, not just a user, regardless of how much methamphetamine is involved.
Contact our skilled criminal defense lawyers for a first consultation. We can guide you on protecting your rights, challenging any illegal search and seizure that led to your arrest, and intervening before the court to improve your chances of a favorable outcome. Contact Cron, Israels & Stark for a case evaluation.