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Health And Safety Code 11352 HS - Sale Or Transportation Of A Controlled Substance

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

Los Angeles Criminal Defense LawyerIn 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:

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

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.
See also  CALIFORNIA HEALTH AND SAFETY CODE 11357 HS – MARIJUANA POSSESSION

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:

See also  CALIFORNIA HEALTH AND SAFETY CODE 11365 HS - PRESENT WHILE SOMEONE ELSE USES CONTROLLED SUBSTANCE
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.

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