The Crime Of Transporting a Controlled Substance in California - HS 11352
California Health and Safety Code 11352 HS makes it a crime to sell or transport specific controlled substances, which are narcotics or drugs covered by the Federal Controlled Substances Act. This statute makes it illegal to sell, furnish, administer, give away or transport controlled substances.
The drugs that are included under Health and Safety Code 11352HS include:
- Specific prescription drugs, such as Vicodin.
It should be noted that other controlled substances are prohibited by separate California statutes, such as methamphetamine.
For instance, HS 11379 makes it a crime to sell or transport methamphetamine, and HS 1160 covers selling or transportation of marijuana.
In other words, Health and Safety Code 11352 covers controlled substances which are not individually covered under other statutes.
Conduct prohibited under HS 11352
California Health and Safety Code 11352 HS prohibits the following:
- Sale of certain controlled substances;
- Transportation of controlled substances with intent to sell them;
- Furnish, administer, or give controlled substances to others;
- Making any type of offer to perform these acts.
HS 11352 is a felony drug crime in California punishable by up to nine years in jail and a fine up to $20,000. Our Los Angeles criminal defense lawyers are providing a detailed review below.
Factors That Must Be Proven for a HS 11352 Conviction
A prosecutor must be able to prove several different factors in order to convict a defendant under HS 11352.
These are commonly known as the “elements of the crime” and they are listed under CALCRIM 2300 Jury Instructions:
- Defendant sold, furnished, administered, gave away, transported, imported, a controlled substance, and
- Defendant knew of the drug's presence;
- Defendant knew of the substance's character and nature as a controlled substance, and
- There was a usable amount of the drug.
There are also some important questions that must be satisfied before a prosecutor can pursue a criminal case under HS 11352, such as:
- Can selling or transporting the controlled substance be proven?
- Was there a usable amount of the controlled substance?
Proving selling or transporting
In HS 11352 cases, an important question for a prosecutor is whether sales or transportation of a controlled substance can actually be proven.
It should be noted defendants can also be prosecuted for giving away or furnishing controlled substances.
In other words, the defendant doesn't have to earn a profit or receive something of value in exchange for the drugs.
Clearly, proving this crucial element involves some common sense. If a defendant is selling or transporting a large quantity of narcotics, their conduct is clearly covered under Health and Safety Code 11352.
Another factor a prosecutor must address is whether the defendant was selling or transporting a “usable amount” of the controlled substance.
For example, if the evidence in the case shows they were only transporting a small amount of a controlled substance that was insufficient for them to get high, then the prosecutor would not be able to prove all the elements of the crime.
A prosecution for HS 11352 sale or transportation if typically pursued in cases where a defendant was involved with large quantities of narcotics.
Penalties for Health and Safety Code 11352 HS
Health and Safety Code 11352 HS, sale or transportation of a controlled substance, is a “straight felony” under California law.
The case must be filed as a felony crime and can't be reduced to misdemeanor later.
If you are convicted of sale or transportation of a controlled substance, the penalties include:
- Up to nine years in a county jail, after California's sentencing realignment program,
- A fine of up to $20,000,
- Felony probation.
Enhanced Sentences – Aggravating Factors for HS 11352
The penalties listed above can be enhanced if there were specific “aggravating factors” that can be proven by the prosecutor:
- An additional one year can be added if the sale or transportation occurred near a drug treatment facility or homeless shelter;
- There are severe sentencing enhancements for large quantities of heroin or cocaine;
- A 25-year jail sentence and a large fine can be imposed by the judge If the weight of a controlled substance exceeds 80 kilograms;
- A judge could impose an additional 3 to 25 years for large quantities of controlled substances, increasing by weight of the drugs:
- A defendant with prior drug convictions can be facing a consecutive and additional 3 years in jail if they are convicted of a subsequent offense under Health and Safety Code 11352 HS.
Related California Offenses for Health and Safety Code 11352
Health and Safety Code 11351 HS – drug possession with intent to sell,
Health and Safety Code 11359 HS – marijuana possession for sale,
Health and Safety Code 11360 HS – selling or transporting marijuana,
Health and Safety Code 11366 HS – operate or maintain a drug house,
Health and Safety Code 11370.9 – money laundering proceeds of drug sales,
Health and Safety Code 11379 HS – selling or transporting methamphetamine.
Fighting Sale or Transportation of Drug Charges
Our Los Angeles criminal defense lawyers have several available options to fight your charges under Health and Safety Code 11352 HS, selling or transporting a controlled substance:
- Illegal search and seizure by police;
- Lack of knowledge;
- Lack of a useable amount of controlled substance;
- No intent to sell a controlled substance;
- Police misconduct;
We need to first review the circumstances surrounding your case in order to determine the most appropriate strategy.
Perhaps we can make an argument you didn't know about the presence of the controlled substance, or there was a lack of intent.
Perhaps we can also argue that your arrest was the result of an unlawful search and seizure by police as they lacked a valid search warrant.
Contact Eisner Gorin LLP If Charged with Transporting Drugs
If you or a family member has been charged with violating California Health and Safety Code Section 11352 HS, sale or transportation of controlled substance, contact out skilled Los Angeles criminal defense lawyers to review the details and legal options.
Eisner Gorin LLP is a top-ranked criminal defense law firm representing clients throughout Southern California, including LA County and Ventura County.
We are located at 1875 Century Park E #705, Los Angeles, CA 90067.Our main office is next to the Van Nuys Court at 14401 Sylvan St #112 Van Nuys, CA 91401.
Contact our office for a consultation at (877) 781-1570.