San Diego Drug Trafficking Attorney: Defense for California HS 11352 Charges
Facing drug trafficking charges in California is a serious legal matter that requires immediate defense. Under California Health & Safety Code 11352 (HS 11352), selling, transporting, or importing controlled substances is a felony that carries severe, life-altering penalties.
Whether you are facing state charges in San Diego County or undergoing a federal investigation, an experienced San Diego drug trafficking attorney can defend your rights and build a strategic legal defense.
What is California Health & Safety Code 11352 (HS 11352)?
California Health & Safety Code 11352 makes it illegal to sell, furnish, administer, give away, import, or transport controlled substances for sale in the state of California.
To secure a conviction under HS 11352, prosecutors must prove four key legal elements:
- Unlawful Action: You sold, offered to sell, furnished, administered, gave away, or transported a controlled substance for sale.
- Knowledge of the Drug’s Nature: You knew the substance was a controlled drug.
- Knowledge of Presence: You knew of the drug’s physical presence.
- Usable Amount: If charged with transportation for sale, the quantity involved was a “usable amount” rather than mere trace residue.
Note: HS 11352 applies to both large-scale drug distribution operations and smaller street-level sales. Moving a controlled substance by car, bicycle, or on foot—even over a short distance—can trigger felony transportation charges.
What Controlled Substances Fall Under HS 11352?
California HS 11352 applies to a wide variety of illegal narcotics and prescription medications, including:
- Cocaine and Cocaine Base
- Heroin
- Opiates and Opioids
- Oxycodone (OxyContin) and Hydrocodone (Vicodin)
- Gamma-hydroxybutyric acid (GHB)
- LSD
- Peyote
Note: Other illegal substances, such as marijuana and methamphetamine, are prosecuted under separate California legal codes.
Types of Offenses Prohibited Under HS 11352
HS 11352 prosecutions generally focus on two primary categories of criminal behavior:
1. Transportation of a Controlled Substance for Sale
Transportation means moving drugs from one location to another, regardless of the distance. To prove illegal transportation under HS 11352, prosecutors must establish that:
- The drugs were transported via vehicle, aircraft, bicycle, or on foot.
- You intended for the drugs to eventually be sold (personal transportation without intent to sell is treated differently).
- You were carrying a usable amount of the drug (trace amounts or chemical residue do not qualify).
2. Offering to Sell or Transfer Controlled Substances
You can be charged under HS 11352 simply for offering or agreeing to sell, furnish, or transport a controlled substance—even if money or drugs never change hands—provided prosecutors can prove you intended to follow through on the offer.
Furthermore, you do not need to physically handle the drugs to face charges. Under the legal principle of constructive possession, having control over the drugs (such as paying someone else to transport them for you) makes you legally responsible for the offense.
State vs. Federal Drug Trafficking Laws (21 U.S.C. § 841)
Drug distribution can also be prosecuted at the federal level under 21 U.S.C. § 841. Federal law enforcement agencies (such as the DEA or FBI) typically take over a drug trafficking investigation if:
- Interstate Activity: The offense involves moving drugs across state lines or international borders.
- HIDTA Zones: The conduct occurs in a designated High-Intensity Drug Trafficking Area (HIDTA), where federal surveillance is heightened.
- Large Quantities: The operation involves large-scale distribution of high-value narcotics, such as methamphetamine, fentanyl, or cocaine.
Federal Drug Penalties
Federal drug convictions carry strict mandatory minimum sentences. Penalties are determined by drug volume, prior criminal record, and whether the drug caused bodily injury or death. Federal sentences range from 5 years to life in prison and fines between $5 million and $20 million.
Related California Drug Offenses
Depending on the specific substance and context of your arrest, you or a loved one may face charges under related California statutes:
- Sale or Transportation of Marijuana (HS 11360): Covers the unlawful sale, import, or transportation of cannabis. A felony conviction carries 2, 3, or 4 years in county jail.
- Sale or Transportation of Methamphetamine (HS 11379): Applies to methamphetamines, PCP, MDMA (“ecstasy”), and ketamine. Convictions carry 2, 3, or 4 years in custody.
- Sale of Synthetic / “Designer” Drugs (HS 11357.5 & HS 11375.5): Regulates synthetic cannabinoids (“spice”) and bath salts. Violations are misdemeanors carrying up to 6 months in jail and fines up to $1,000.
- Possession for Sale of a Controlled Substance (HS 11351): Applies when you possess drugs with the intent to sell them, even if no transport or actual sale took place.
Speak with a San Diego Drug Defense Lawyer Today
A conviction under Health & Safety Code 11352 carries devastating legal consequences, including severe prison time, hefty financial penalties, and a permanent felony record. If you are under investigation or facing formal drug charges in San Diego, securing experienced legal representation immediately is critical to protecting your freedom.
Contact Us Today!
Even if you are charged with playing a minor role in a drug crime, you may be facing some very serious penalties. A drug trafficking conviction can not only result in hefty fines and jail time, but can have lasting effects on your personal life, career, education, and immigration status.
The Law Offices of William R. Burgener, APC can help you to obtain the best possible outcome in the face of drug trafficking or related charges. Contact us today.
San Diego’s Trusted Criminal Defense Attorney
Attorney William R. Burgener is a certified Criminal Law Specialist, authorized and recognized by the State Bar of California. With over 44 years of experience as a Criminal Justice Act (CJA) attorney on the San Diego panel, he has an in-depth understanding of the court system, having represented clients in all San Diego County courts both state and federal, including Downtown, South Bay, Vista, and El Cajon. He is able to represent statewide and nationally.
With more than 35 years of experience in handling federal and state felonies and misdemeanors, Attorney Burgener has successfully managed thousands of cases, frequently securing favorable resolutions. His extensive trial experience includes over 100 federal and state jury trials, as well as numerous successful motions and expungements.
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