HEALTH AND SAFETY CODE 11352 HS – SALE OR TRANSPORTATION OF A CONTROLLED SUBSTANCE

In California, it is a felony crime under Health and Safety Code 11352 HS to engage in the sale, furnishing, administration, distribution, or transportation of specific controlled substances.

Controlled substances, classified under the Federal Controlled Substances Act, include narcotics such as Opiates and opiate derivatives, heroin, cocaine, peyote, and GHB (Gamma-hydroxybutyric acid), and Certain prescription drugs such as codeine, oxycodone (Oxycontin) and hydrocodone (“Vicodin”).

Other common controlled substances, like methamphetamine, are prohibited under different statutes Health and Safety Code 11379 HS.

Below are some other California drug laws that pertain to specific controlled substances:

• Health & Safety Code 11379 HS
• Health & Safety Code 11360 HS
• California GHB Law
• California Ecstasy Law
• California PCP Law
• California ketamine Law

Legal Definition: HS 11352(a) Except as otherwise provided in this division, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (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, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years.

HS 11352 (b) Notwithstanding the penalty provisions of subdivision (a), any person who transports any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, six, or nine years.

HS 11352 (c) For purposes of this section, “transports” means to transport for sale.

HS 11352 (d) This section does not preclude or limit the prosecution of an individual for aiding and abetting the commission of, or conspiring to commit, or acting as an accessory to, any act prohibited by this section.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=11352

WHAT MUST A PROSECUTOR PROVE FOR AN HS 11352 CONVICTION?

For a prosecutor to secure a conviction under Health and Safety Code Section 11352, they have to establish the “elements of the crime” as outlined in CALCRIM 2300. These elements include:

• You engaged in activities such as selling, furnishing, administering, giving away, transporting or importing a controlled substance into California.
• You were aware of both the presence of the drug and its nature as a controlled substance.
• There was a sufficient amount of the controlled substance that could be used.

The defendant does not have to physically possess the illegal drugs in order to be charged with a violation of HS 11352(a) or 11352(b). Under HS 11352(a), the defendant can be found guilty if they cause the drugs to be transported by either using another person to deliver the controlled substances or by personally delivering the drugs themselves.

PENALTIES, PUNISHMENT, AND SENTENCING

California Health and Safety Code 11352, drug transportation is considered a straight felony offense. This means that the crime must be charged as a felony and cannot be later reduced to a misdemeanor. If a person is convicted of transporting illegal drugs for sale (HS 11352 Crimes), they would need to register as a drug offender with local law enforcement agencies. The potential penalties for a first offense include:

• Felony probation.
• Serving three to five years in county jail under California realignment program – (or three to nine years if transporting drugs across multiple county lines within California).
• Facing a fine of up to $20,000.

If any of the following applies to your case, you will not be eligible for probation or a suspended sentence:

• If you are convicted of HS 11352 for selling or offering to sell 14.25 grams or more of heroin.
• If you are convicted of HS 11352 for selling or offering to sell any amount of heroin and you have previous convictions for selling or possessing controlled substances either HS 11352 or HS 11351.
• If you are convicted of selling or offering to sell cocaine, cocaine base, or methamphetamine and you have previous convictions for selling, offering to sell, or possessing drugs.

Please note; selling or transporting drugs involving minors is a separate crime in California under Health & Safety Code 11353 HS. If you are 18 or older, you can be found guilty of this crime if you:

• Have someone under 18 help you sell, transport, or give away drugs, or
• Sell or give drugs to someone under 18.

If convicted, you may face a state prison sentence of three (3), six (6), or nine (9) years.

You may face an extra one (1) or two (2) years in prison if the drugs involved are heroin, cocaine, or cocaine base and the crime occurs near places like schools or places of worship where minors are often present.

If you are at least four (4) years older than the minor involved, you could get an additional sentence of one (1), two (2), or three (3) years in prison.

AGGRAVATING FACTORS THAT CAN INCREASE SENTENCE

If the prosecutor can provide evidence of aggravating factors in your HS 11352 drug transportation case, it can result in an increased sentence.

If you are convicted under Health & Safety Code 11352 HS for drug trafficking near drug treatment facilities or homeless shelters, you may receive an extra year in jail if both these conditions are met: The drugs involved were heroin, cocaine, or cocaine base. The trafficking occurred on the premises of or within one thousand feet of a drug treatment center, detox facility, or homeless shelter.If you are convicted of violating Health and Safety Code 11352 HS for selling or transporting heroin, cocaine, or cocaine base, the amount of drugs involved will determine the additional jail sentence:

• More than 1 kilogram: 3 years in jail.
• More than 4 kilograms: 5 years in jail.
• More than 10 kilograms: 10 years in jail.
• More than 20 kilograms: 15 years in jail.
• More than 40 kilograms: 20 years in jail.
• More than 80 kilograms: 25 years in jail.

In addition to the jail sentence, if you receive an additional sentence for selling or transporting a controlled substance based on these weight enhancements, you may also face a fine ranging from $1,000,000 to $8,000,000.

• If you sell or give drugs to someone who is pregnant, has a history of violent crimes, or is receiving treatment for mental health or drug issues, the judge may impose the most severe jail or prison terms possible.
• If you are convicted of selling or transporting drugs under HS 11352 and you have a previous felony conviction for a drug-related offense (excluding personal use), you will receive an extra and consecutive three (3) years in jail for each prior conviction.

HOW TO FIGHT CHARGES UNDER 11352 HS

Our drug crime lawyer in Los Angeles California can utilize various defenses for charges under Health and Safety Code 11352. These defenses include:

• Unlawful search and seizure by the law enforcement: This occurs when the police conduct a search or seizure without a valid California search warrant, exceed the scope of a search warrant (such as searching a car when the warrant only allows for a search of an office), or detain and search an individual without probable cause. These unlawful practices can invalidate the evidence obtained, potentially leading to the dismissal of the charges.
• Lack of a usable amount of substance present: If there was not enough of the controlled substance to be used as intended, it can be a defense.
• Lack of knowledge that the substance was present: You were unaware of the drug’s presence or did not know that the item they sold or transported was a controlled substance, this lack of knowledge can serve as grounds for acquittal from the charges.
• Lack of intent: You may have a defense if you were accused of offering or intending to sell, transport, or furnish a controlled substance but did not have the specific intent to carry out the act.
• Failure of police to follow procedures: Police misconduct can take various forms, including “planting” evidence – where the police unlawfully place drugs on a person or in their residence or vehicle, falsifying the probable cause that led to the arrest, lying about the location where the controlled substance was found, or using excessive force to obtain a confession or evidence. If such misconduct can be proven, it can invalidate the evidence and be used as a defense against the charges.
• Entrapment: If you can show that you only committed the offense because you were coerced or lured into doing so by law enforcement, it may serve as a defense. However, this requires that the officer’s conduct was more than a mere suggestion or offer and would be difficult for a reasonable person to refuse.

IMMIGRATION CONSEQUENCES

Non-US citizens should be extra careful if they get convicted under Health & Safety Code 11352 HS. This is because selling or moving drugs, like many drug crimes, can lead to deportation under federal immigration law. This means that even if you have legal immigration status, pleading guilty or being found guilty of HS 11352 could result in deportation at any time. It’s important to understand and consider these risks.

RELATED CRIMES

• Health And Safety Code 11351 HS – possession for sale
• Health And Safety Code 11379 HS – sale or transportation of methamphetamines
• Health And Safety Code 11360 HS – sale or transportation of marijuana
• Health And Safety Code 1357.5 HS and 11375.5 HS – sale of synthetic (designer) drugs
• Health And Safety Code 109575 HS and 11355 HS – sale of imitation drugs
• Health And Safety Code 11370.9 HS – money laundering the proceeds of drug sales
• Health And Safety Code 11366 HS – opening or maintaining a drug house
• Health and Safety Code 11359 HS – possession of marijuana with intent to sell
• Health and Safety Code 11378 HS – possession of meth with intent to sell

HIRE DRUG CRIME DEFENSE LAWYER

If you or someone you know is facing charges for the sale or transportation of controlled substances under California Health and Safety Code Section 11352, it is recommended to seek legal counsel from our experienced attorney at Tabibnia Law Firm. Los Angeles Criminal Defense Lawyer Cyrus Tabibnia has more than 20 years of experience and a unique perspective when it comes to defending drug-related cases, including offenses like this. Known for his aggressive approach and dedication to his clients, Mr. Tabibnia has earned respect within the court system. He will thoroughly examine the details of your case to develop the most effective defense strategy.

To learn more about Health & Safety Code 11352 HS and to schedule a complimentary consultation, please reach out to Los Angeles Criminal Defense Attorney Cyrus Tabibnia at Tabibnia Law Firm. You can contact him 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.

Source:

• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=11352
• https://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-11352