HEALTH AND SAFETY CODE 11379 HS – TRANSPORTATION OR SALE OF METHAMPHETAMINE

California Health and Safety Code § 11379 HS makes it illegal to sell or transport methamphetamine for sale. It also prohibits exchanging meth for money, services, or any other valuable item, transporting meth from one location to another with the intent to sell it, giving away or providing meth to others, administering meth to someone else, or attempting to perform any of these actions.

Please note; If you are charged under this section, you are not eligible for a Drug Program under PC 1000, which could result in the charges being dismissed. Additionally, simply offering to engage in the prohibited acts outlined in this section can also be considered a violation.

11379 HS: (a) Except as otherwise provided in subdivision (b) and in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, 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 any controlled substance which is (1) classified in Schedule III, IV, or V and which is not a narcotic drug, except subdivision (g) of Section 11056, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d) or (e), except paragraph (3) of subdivision (e), or specified in subparagraph (A) of paragraph (1) of subdivision (f), of Section 11055, unless upon the 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 a period of two, three, or four years.

(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.

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

(d) Nothing in this section is intended to preclude or limit prosecution under an aiding and abetting theory, accessory theory, or a conspiracy theory.

Elements of HSC 11379 Crime

To prosecute and convict someone under California Health and Safety Code § 11379 HS, a prosecutor needs to establish the following:

• The defendant committed one or more of the acts described in the statute.
• The defendant knew that the drug in question was a controlled substance.
• The defendant sold or transported a “usable amount” of methamphetamine.

“Usable amount” refers to the amount of methamphetamine needed to actually use it as a drug, rather than a large quantity necessary to achieve a certain level of intoxication. The statute also applies to other non-narcotic drugs and stimulants, including gamma hydroxybutyric acid (“GHB”), ketamine (“special K”), and some anabolic steroids.

Example 1: Selling Methamphetamine to a Neighbor: John, who is in possession of methamphetamine, sells a portion of the drug to his neighbor, Sarah. John knowingly engages in the sale of methamphetamine, exchanging the drug for money, and providing it to Sarah for her own use or distribution.

Example 2: Driving with Meth Tablets in a Trunk for the Purpose of Selling Them: Amy is transporting a quantity of methamphetamine tablets in the trunk of her car. Amy intends to sell these tablets to a buyer at a different location. She knowingly transports the methamphetamine with the intent to sell it, regardless of the distance she travels.

Example 3: Injecting Another Person with Meth: Mark administers a dose of methamphetamine to his friend, Alex, by injecting it into his vein. Mark knowingly and intentionally introduces the controlled substance into Alex’s body without their consent. This act of administering methamphetamine to another person is a violation of California Health and Safety Code § 11379.

These examples illustrate the different ways in which individuals can commit crimes under HSC 11379 by engaging in the sale, transportation, and administration of methamphetamine.

Penalties, Punishment, And Sentencing

A violation of California Health and Safety Code § 11379 is considered a felony offense. If convicted, the potential penalties include:

• A jail or prison sentence of up to four years
• A maximum fine of $10,000.

Please note that individuals charged under this code section are not eligible for drug diversion programs, which allow for drug treatment in place of incarceration. In certain circumstances, enhanced jail time may apply if:

• The transportation of methamphetamine involves crossing two or more county lines with the intent to sell it,
• The violation occurs on the premises of a drug treatment center, detox facility, or homeless shelter,
• The individual is found in possession of more than one kilogram of methamphetamine,
• The individual involved a minor in the commission of the offense.

These additional factors can result in increased penalties beyond the standard punishment for a violation of HSC 11379.

How To Fight Charges Under Health And Safety Code § 11379 HS?

If you are facing accusations of drug crimes under California Health and Safety Code § 11379, you have the right to challenge the accusations with various legal defenses. Here are three common defenses that can be used:

• Lack of Intent to Sell Meth: You can argue that you did not have the intention to sell methamphetamine. For example, you may assert that the drugs were for personal use only, or that you were holding them temporarily for someone else without any intention to sell.
• Entrapment: You may claim that you were induced or coerced by law enforcement into committing the crime. Entrapment occurs when a person is persuaded or pressured by law enforcement to engage in illegal activities that they would not have otherwise done.
• Unlawful Search and Seizure: If evidence was obtained through an illegal search and seizure conducted by law enforcement, you can challenge its admissibility. If it can be shown that the search violated your Fourth Amendment rights against unreasonable searches and seizures, the evidence may be suppressed and not considered in court.

These defenses can be used to challenge the accusations made against you under HSC 11379 and potentially help in building a strong case in your defense. However, it is important to consult with a qualified attorney to determine the best defense strategy based on the specific circumstances of your case.

Immigration Consequences:

Violation of California Health and Safety Code § 11379 is not considered a strike offense under the California Three Strikes law, nor is it classified as a sex offense under PC 290. In addition to the penalties outlined above, such as imprisonment and fines, there are additional consequences:

• Professional License Suspension or Loss: If you hold a professional license, such as a medical or nursing license, a conviction under this statute could result in the suspension or revocation of your license.
• Deportation for Non-Legal Residents: If you are not a legal resident, a conviction under Health and Safety Code § 11379 may lead to deportation in Immigration Court. The offense is considered deportable as it involves drug trafficking or sales.
• Deportation for Legal Immigrants or Aliens: Even legal immigrants or aliens could face deportation if convicted under HS 11379. It is crucial to be aware that certain criminal convictions can have serious immigration consequences.

Related Crimes

• Health and Safety Code 11352 HSC – Transport or Sell Controlled Substances
• Health and Safety Code 11370.6 HSC – Possession of Drug Money Over $100,000,
• Health and Safety Code 11377 HSC – Possession of Methamphetamine,
• Health and Safety Code 11378 HSC – Possession of Meth for Sale,
• Health and Safety Code 11550 HSC – Under the Influence of Methamphetamine,
• Health and Safety Code 11379.6 HSC – Manufacture a Controlled Substance,
• Health and Safety Code 11383.5 HSC – Possess Meth Manufacturing Materials,
• Health and Safety Code 11370.9 HSC – Money Laundering Involving Drug Sales.
• Vehicle Code 23152(f) CVC – Driving under the influence of drugs (DUID)

Speak With Criminal Defense Lawyer From Tabibnia Law Firm

Being charged under Health and Safety Code § 11379 can have severe consequences, including a criminal conviction and a lengthy stay in State Prison. A conviction can have lasting effects on various aspects of your life, such as permanent felony record, firearm ownership restrictions, and difficult to obtain professional licenses.

It is essential to fight against these charges to protect your rights and future prospects. If you or a family member is facing investigation or charges related to the sales or transportation of methamphetamine under Health and Safety Code § 11379, it is crucial to consult with an experienced Los Angeles drug crime attorney.

Cyrus Tabibnia, from Tabibnia Law Firm, has 19 years of experience handling various drug crime cases in Southern California. By seeking an initial consultation, you can receive tailored advice and guidance on how to safeguard your rights, challenge any unlawful search and seizure leading to your arrest, and pursue the best possible outcome.

To schedule an initial consultation and get professional assistance, please call Cyrus Tabibnia at 866-713-2159. Take proactive steps now to protect yourself in this serious felony offense case.

Legal References:

• leginfo.legislature.ca.org
• 11379 a HS
• justia.com
• law.justia.com
• justia.com