Sale or Transport of a Controlled Substance
California Health and Safety Code 11352 makes transporting or selling certain controlled substances a felony. Those convicted of HS 11350 can be sentenced up to 9 years imprisonment and a fine up to $20,000, but with a skilled attorney many first-time offenders are able to get this reduced or even dismissed entirely.What Controlled Substances are Governed by HS 11352?
- All schedule III, IV, and V drugs are covered by this code, along with others, such as:
- Powder cocaine
- Most controlled substances that require a prescription, like Xanax, Hydrocodone, or Oxycontin, ect.
- Peyote and other hallucinogens
- HS 11352 is a felony charge which punishes persons who sell, transport, or give away drugs, while HS 11351 is a misdemeanor charge and only covers possession with the intent to sell, and not the actual sale itself.
- You can be charged with HS 11352 if there is evidence of:
- An actual sale of narcotics made
- Transport of a narcotic from one location to another
- Import of a narcotic into California across state lines
- Transfer of a narcotic from one person to another, even without money exchanged
- Anyone who offers or intends to do any of the above
Violation of this statute is a felony, and is punishable by up to five years imprisonment and by a fine of up to $20,000 without extenuating circumstances . If drugs are transported across two or more counties, punishments can range up to nine years of jail time.What Defenses are There for the Sale or Transport of a Narcotic?
Possible defenses are:
- You have a valid prescription for the controlled substance
- You did not have possession of the controlled substance
- You were not aware of the controlled substance
- Evidence was obtained in an unlawful manner
- The drugs were not for sale but for personal use instead
A skilled attorney can evaluate these defenses and custom-fit a defense to your case. If you have been charged with the sale or transport of a narcotic, do not hesitate to call William Kroger for a free consultation.
If you have a valid prescription:
The law states that anyone in possession of a controlled substance can be punished by imprisonment and/or fine unless there is a valid prescription in your name written by a dentist, physician, veterinarian, or podiatrist that is licensed to practice in California.
If you have a prescription for the substance you are being charged with, an attorney can present this documentation and have the charges dismissed.
If you did not have possession of the substance:
If the substance was in a bag that did not belong to you, or if the substance belonged to a friend but was in your car, this may be a suitable defense. An attorney can make the argument that you were not the one in possession of the substance even if you were near it. This can be a difficult defense, so a lawyer with plenty of experience will be your greatest ally.Lack of Awareness Regarding the Controlled Substance
This defense argues that you did not have knowledge that the substance was in your possession or in your vicinity, or that you did not know that the substance was a controlled substance. If this applies to you, a lawyer can help clear your name from charges brought against you.Insufficient Evidence or Evidence Obtained in Unlawful Manner
If an attorney can prove that the evidence used to charge you with possession of a controlled substance was obtained illegally or improperly, your case can be dismissed entirely. This can happen if:
- Officers did not have probable cause
- Officers did not follow proper procedures
- Officers failed to respect your rights
If there is not enough evidence to show that there was intent to sell, or if there is no evidence of any sales made, this may be a suitable defense. If an attorney can prove that the drugs were for personal use, charges will likely be much lighter.Related Offenses
California Health and Safety Code 11351 - possessing a controlled substance with the intent to sell it
California Health and Safety Code 11379 - Sale or transport of methamphetamine
California Health and Safety Code 11360 - Sale or transport of marijuana
A conviction for the sale or transport of a narcotic can have a huge impact on your life. It can affect your immigration status, your gun rights, or your ability to find a job.
Whether you are wrongfully accused or simply made a mistake, it is vital that you are aware of your options to fight for the best possible outcome given your circumstances. You need an attorney with the expertise and experience to fight for you, and the compassion to keep your goals in mind.
William Kroger has been fighting cases like these for over 20 years and would love to have you as his next client. Don’t hesitate to reach out for a free consultation.
Contact William Kroger at (323) 655-5700 or online by clicking here.
Again, your initial consultation is free of charge.