Transportation or Sale of Controlled Substances – Health and Safety Code 11352
California Health and Safety Code 11352 HS makes it a crime to sell, furnish, administer, give away or transport certain controlled substances.
Controlled substances are narcotics that are covered by the Federal Controlled Substances Act, including:
It should be noted that other common controlled substances are prohibited by other separate statutes, such as methamphetamine.
For instance, the crime of transporting or selling methamphetamine is covered under Health and Safety Code 11379 HS.
In other words, HS 11352 is a statute designed to cover narcotics not contained in other similar statutes. Health and Safety Code 11352 HS prohibits the following:
- sale of a controlled substance;
- transportation of a controlled substance with intent to sell;
- furnish, administer, or give drugs away to other individuals;
- offering to perform any of these acts described above.
HS 11352 transporting or selling a controlled substance is a felony drug offense punishable by up to 9 years in prison and a fine up to $20,000.
In you were arrested for allegedly violating California's law on transporting or selling controlled substances and need more information, our Los Angeles criminal defense lawyers are providing a more detailed review below.
Factors for an HS 11352 Drug Transportation Conviction
To get convicted of a drug transportation charge under this statue, the prosecutor has to prove several different factors which are known as the “elements of the crime,” and listed under CALCRIM 2300 that a defendant:
- sold, furnished, administered, or transported a controlled substance, and
- knew of the presence of the drug,
- knew of the substance's nature as a controlled substance,
- There was a usable amount of the drugs.
The crucial factor that must be clearly established in the prosecution of a Health and Safety Code 11352 case is proving sales or transportation.
A prosecution for sale or transportation case are directed generally at a defendant that was involved with large quantities of narcotics. If someone has a useable, but relatively small amount of drugs, then there could be a valid argument they are only guilty of HS 11350 simple drug possession that carries much lighter penalties than a sale or transportation case.
Proving transportation or sales
Clearly, a crucial factor in a HS 11352 drug case is whether the prosecutor is able to prove sales or transportation of a controlled substance.
You can also be prosecuted for under HS 11352 for giving away or furnishing controlled substances, which means you don't have to earn a profit in exchange for the controlled substances. Thus, proving a defendant was engaged in “transportation” of drugs is quite often an issue of using common sense.
If you are only selling or transporting a low–level quantity of narcotics, then you would not typically face charges under Health and Safety Code 11352 HS.
Penalties for HS 11352 Drug Transportation
California Health and Safety Code 11352 drug transportation is a straight felony offense.
A “straight felony” means the drug crime must be filed as a felony crime, as opposed to a misdemeanor or “wobbler,” and can't later be reduced to a misdemeanor.
If you are convicted of HS 11352, sale or transportation of a controlled substance, it's punishable by:
- up to 9 years in a state prison, but normally served in local county jail after California sentencing realignment program,
- a fine of up to $20,000,
- formal felony probation.
Aggravating Factors that can increase sentence
If the prosecutor can prove aggravating factors in your HS 11352 drug transportation cases, then the sentence can be increased, such as:
- if the drug crime occurred near a drug treatment facility or homeless shelter, the judge can impose an additional one year in jail;
- if there were large quantities of heroin or cocaine involved, the judge can impose significant sentencing enhancements;
- if the total weight of a controlled substance was greater than 80 kilograms, the judge can impose a 25-year sentence and a fine up to $8,000,000;
- If a defendant has prior drug convictions, the judge can impose a consecutive and additional 3 years in jail.
Related California Drug Offenses
Health and Safety Code 11351 HS – drug possession with intent to sell,
Health and Safety Code 11359 HS – possession of marijuana with intent to sell,
Health and Safety Code 11360 HS – selling or transportation of marijuana,
Health and Safety Code 11370.9 HS – money laundering related to selling drugs,
Health and Safety Code 11378 HS – possession of meth with intent to sell,
Health and Safety Code 11379 HS – selling or transportation of methamphetamine.
How Can I Fight Drug Transportation Charges?
If you were accused of violating Health and Safety Code 11352, sale or transportation of a controlled substance, we can use a variety of strategies to fight the charges, such as:
- no intent to sell, rather personal use only;
- illegal search and seizure by police;
- misconduct or failure to follow procedures by law enforcement;
- lack of knowledge that the controlled substance was present, such as a vehicle stop;
- entrapment by police.
We will need to closely examine all the details of your case in order to determine the most relevant defense strategy.
If you or a family member has been charged with the violation California's law on sale or transportation of controlled substances defined under Health and Safety Code Section 11352 HS, call our experienced criminal defense lawyers for a consultation.
Cron, Israels & Stark is a top-ranked criminal defense law firm representing clients throughout all Southern California courtrooms.
Our office is located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025.
We are also located at 401 Wilshire Blvd #1200, Santa Monica, CA 90401. Contact our firm for a free case evaluation at (424) 372-3112.