near me
Health & Safety Code 11355 HS – Selling Fake Drugs

CALIFORNIA HEALTH AND SAFETY CODE 11355 HS – SELLING FAKE DRUGS

Los Angeles Criminal Defense LawyerIs it illegal to sell fake drugs?  Yes, under California Health and Safety Code 11355 HS, it is a crime arranging or offering to sell, furnish, or transport a controlled substance and subsequently providing a counterfeit or imitation drug. This offense may be charged as either a misdemeanor or a felony, with a potential penalty of up to 3 years’ imprisonment.

Every person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, administer, or give (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (13), (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug to any person, or who offers, arranges, or negotiates to have any such controlled substance unlawfully sold, delivered, transported, furnished, administered, or given to any person and who then sells, delivers, furnishes, transports, administers, or gives, or offers, arranges, or negotiates to have sold, delivered, transported, furnished, administered, or given to any person any other liquid, substance, or material in lieu of any such controlled substance shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=11355

ELEMENTS TO PROVE THE CRIME OF SELLING OR PROVIDING FAKE DRUGS IN CALIFORNIA

In order to establish the guilt of a defendant for the sale of a substitute substance, a prosecutor must demonstrate the following elements:

  • The defendant willingly agreed, consented, offered, arranged, or negotiated to sell, transport, administer, give, furnish, or deliver a controlled substance.
  • AND subsequently, the defendant provided, transported, administered, gave, furnished, or delivered a substance as a substitute for the initially agreed-upon controlled substance.
See also  CALIFORNIA GOOD SAMARITAN LAWS - HEALTH AND SAFETY CODE 1799.102 HS

Selling means exchanging the substance for money, services, or something valuable. Transporting is moving the substance from one place to another, even if it’s a short distance. The crime is completed when the substitute substance is actually delivered – just arranging or offering to sell is not enough.

Administering a substance is when it’s given to someone directly through injection, inhalation, ingestion, or other means.

Health and Safety Code 11355 is not about punishing fraud against a victim. Instead, it aims to punish and deter the intention to traffic illegal drugs, and hold the defendant responsible for any harm caused to the victim.

EXAMPLE

A man is approached by a young woman who asks to buy ecstasy. Despite not having any drugs, the man decides to sell an aspirin to the woman for $20, claiming it is ecstasy. The woman is an undercover officer who quickly arrests him. The aspirin is tested at the crime lab and found to be harmless. Despite this, the man could still face prosecution for selling a substitute substance, as it goes against California Health & Safety Code Section 11355 HSC.

In the similar situation if the man is reached out by a different woman who expresses a desire to feel good. The man gives her an aspirin pill in exchange for $20, without making any specific claims about the pill’s nature. In that case, the man would likely not be considered guilty of selling a substitute substance because there was no explicit agreement to sell a controlled substance from the beginning.

PENALTIES, PUNISHMENT, AND SENTENCING

Violating this statute can be considered a wobbler offense, which means it can be charged as either under misdemeanor crimes or felony crimes.

  • If charged as a misdemeanor, the potential punishment is up to one year in the county jail. Alternatively, the judge may give the defendant misdemeanor probation instead of jail time.
  • If charged as a felony, the potential punishment is imprisonment in jail for 16 months, two years, or three years. Similarly, the judge may give the defendant felony probation instead of jail time.

HOW TO FIGHT CHARGES UNDER HEALTH AND SAFETY CODE 11355 HS

There are three common defenses that someone accused of violating the California Health & Safety Code Section 11355 HSC can use to potentially reduce or dismiss the charges:

  • No delivery: One possible defense is to show that there was no actual delivery or arrangement for delivery of a substitute substance. If the accused can demonstrate that they did not complete the sale or delivery, it can be a valid defense.
  • Unlawful search and seizure: The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures by law enforcement. If the authorities obtained evidence through an unlawful or unreasonable search, that evidence may be excluded from the case, potentially leading to reduced or dismissed charges.
  • Coerced confession: California law prohibits police from using overbearing tactics to force someone into confessing. If a person can show that their confession was coerced, the judge may exclude it from the evidence or even dismiss the case entirely if the confession was made under pressure and the accused did not actually commit the crime.
See also  CALIFORNIA HEALTH AND SAFETY CODE 11153 HS - ILLEGITIMATE PRESCRIPTION OF CONTROLLED SUBSTANCES

IMMIGRATION CONSEQUENCES

  • Deportation: A conviction for selling fake drugs could classify as a crime involving moral turpitude and/or an aggravated felony. Both of these categories make a non-citizen deportable from the United States.
  • Inadmissibility: If you leave the United States after a conviction, you may be deemed inadmissible upon trying to re-enter. This means you could be barred from returning, even if you are a lawful permanent resident.
  • Loss of Naturalization Eligibility: A conviction could prevent you from ever becoming a naturalized U.S. citizen, as you must demonstrate good moral character.

This offense is not considered a strike offense under the California Three Strikes law, nor is it classified as a sex offense under PC 290. However, if convicted, there is a possibility of facing consequences such as losing a professional license. It is important to note that this offense may be considered a crime of moral turpitude and is categorized as an aggravated felony due to its involvement with drugs.

Please note the consequences depend on the exact charges, amount of drugs involved, and any aggravating factors. Some dispositions may not count as convictions for immigration purposes, even if they are convictions in criminal court. It is CRUCIAL to consult with both a criminal defense attorney and an experienced immigration attorney immediately if you are facing charges of selling fake drugs. They can assess the specific facts of your case and tailor the best possible defense strategy to minimize the potential impact on your immigration status. If you do not have or know of an immigration lawyer, the Tabibnia Law Firm can refer you to one.

See also  CALIFORNIA HEALTH AND SAFETY CODE 11360 HS – MARIJUANA SALE OR POSSESSION

RELATED CRIMES

HIRE DRUG CRIME DEFENSE LAWYER

Facing a criminal conviction, especially for drug-related offenses like HS 11355, can be complicated. It is important to have a knowledgeable and experienced advocate by your side. If you or someone you know has been arrested or charged with selling a fake drug, consult with a Los Angeles Criminal Defense Attorney as soon as possible.

Los Angeles Criminal Defense Lawyer Cyrus Tabibnia has over 18 years of experience and brings a unique perspective to defending drug cases, including crimes like this. He is known for being an aggressive litigator who fights hard for his clients and has earned respect within the court system.

To learn more about Health & Safety Code 11355 HS and to schedule a free consultation, you can contact Los Angeles Criminal Defense Attorney Cyrus Tabibnia at Tabibnia Law Firm by calling 866-713-2159.

Tabibnia Law Firm is serving its clients throughout Southern California including Santa Monica, Los Angeles, Orange County, Beverly Hills, San Fernando Valley, Ventura county, Riverside County, Sherman Oaks, Encino, Pasadena, Burbank, Glendale, Long Beach, Palmdale, Santa Clarita, Monterey Park, La Puente, Van Nuys, Pomona, Manhattan Beach, West Covina, Whittier, Downey, Woodland Hills, Norwalk, Torrance, Redondo Beach, San Bernardino, Walnut Creek, Inglewood, Lancaster, Westlake Village and nearby areas.

Sources:

California Code, Health and Safety Code – HSC § 11355 | leginfo.legislature.ca.gov | California Health and Safety Code Sections 11350-11356.5 Formerly Classified as Narcotics | Cal. Health & Saf. Code § 11355

Cyrus Tabibnia

Cyrus Tabibnia

Cyrus Tabibnia, also known as Shahrooz Tabibnia, is a criminal defense lawyer in Los Angeles, California. With a law degree from Loyola Law School, Los Angeles, he has been practicing law since 2005 and holds license #237348. With over 18 years of experience, Cyrus specializes in various misdemeanor and felony criminal Law including Domestic Violence, Theft Crime, Sex crime, DUI & DWI, Personal Injury, Employment Law, and Cannabis & Marijuana Drugs Law. Being bilingual in English, Persian, and Spanish enables him to effectively communicate with a diverse range of clients. From 2014 to 2018, he served as a board member of the Iranian American Bar Association. An expungement attorney in Los Angeles who can assist you in clearing your criminal record in the state of California.

    Get A Case Review Today

    Please prove you are human by selecting the plane.

    EXCELLENT rating
    Based on 39 reviews
    I would like to sincerely thank my attorney Cyrus Tabibnia and the Tabibnia Law firm for everything you have done for me and my family. Highly satisfied customers and excellent service is what you want when you hire an attorney. I was always treated with respect, if I needed anything or had any questions or concerns Mr. Tabibna was always available. I give a five-star rating as one of his clients and would honestly give a ten-star review if I could, because he is an awesome attorney worth every penny. I would highly recommend to anybody looking for a criminal defense attorney that Cyrus Tabibnia and his law firm be the one you consider
    Pharroh Knight
    Pharroh Knight
    2 April 2024
    Thank you for being so generous with your time and expertise and providing a legal consult! We really appreciate it
    Eli Elay
    Eli Elay
    6 February 2024
    My family had an urgent matter late on a Friday night. Cyrus took our call at 10p, listened to our situation, and answered all our questions. He was thorough in his explanations and addressed our concerns. What we appreciated the most was that he was not pushy and walked us through different approaches for our situation. We have not needed legal representation yet, but with Cyrus’ flexibility, transparency, and straight forwardness, we would highly recommend him.
    MICHELLE ROMAN
    MICHELLE ROMAN
    14 December 2023
    I had a DUI charge where I was having difficulties having an attorney give me the time of day to hear me about my case. I called different places and finally found Cyrus Tabibnia Law Firm a criminal Defense Attorney. I called him and he promptly returned my call. He sat down with me and listened to me, he understood my situation and gave me the peace of mind that lifted the stress I was going threw off my shoulders. He took control and walked me through everything. He explained the process of what to expect and what to do. Whenever I needed to talk to Cyrus, he made himself available to me. I was happy with the outcome of my case and would definitely recommend anyone to give Cyrus Tabibnia a call if they need a dependable criminal attorney to represent them.
    E T
    E T
    19 November 2023
    Mr. Cyrus Tabibnia has been outstanding in his knowledge and work related to legal matters. I have very much appreciated working with you.
    Rinah
    Rinah
    14 November 2023
    I have appreciated working professionally with Mr. Cyrus Tabibnia and his law firm on various cases that will assist his clients.
    Roxanna Rahban
    Roxanna Rahban
    14 November 2023
    Excellent Attorneys AND Customer service. They were patient, kind, and incredibly clear in their communications regarding my case and followed up promptly at each step of the process. I felt seen, heard and valued as a client and highly recommend this firm to anyone who is looking for kindness, professionalism and great results.
    Alexandra Sophia Marsalis
    Alexandra Sophia Marsalis
    14 November 2023
    Dedicated Attorney I have had the privilege of knowing attorney Cyrus Tabibnia since 2010, when he used to be a dedicated Board member at our local Bar Association in Los Angeles. He has always been respected by his colleagues for his legal contribution to the members of the Bar Association. While interacting with him professionally, I have found him to be a man of integrity, a competent counsel and zealous advocate for his clients in a variety of civil and criminal cases. Despite his busy professional schedule, Cyrus adheres to his family values and keeps his precious friendship with the rest of us. I am honored to call Cyrus a colleague and endorse him for the services that he offers to the public.
    Zaher Fallahi
    Zaher Fallahi
    14 November 2023
    I endorse the Tabibnia Law Firm. Mr. Tabibnia is colleague and staunch professional. He is clearly dedicated to his clients, craft, and practice. Do not hesitate to reach out to Mr. Tabibnia for services.
    Daniel Forouzan
    Daniel Forouzan
    10 November 2023

    Recent Posts

    Practice Areas

    Locations We Serve