San Diego Criminal Defense Lawyer
DRUG Trafficking
The sale and transportation of controlled substances is prohibited under California Health & Safety code 11352 and is defined by the following:
- Doing or offering to do any of the following with a controlled substance: Selling it, furnishing it, administering it (to another person, for example, by injecting it), giving it away, transporting it for sale, importing it into California.
- Having had knowledge that the drug was a controlled substance
- Having had knowledge of the drug’s presence
- In the event that you are accused of transporting the substance for sale, there was a “usable amount” of the controlled substance.
Essentially, HS 11352 prohibits the sale of drugs and the moving of drugs by any means. The transportation of controlled substances can be by vehicle, by bicycle, or on foot, thus the law not only applies to large-scale drug trafficking operations. You may still be charged with a felony under HS 11352 for selling a small amount of drugs to a friend.
Federal Drug Trafficking Laws (21 U.S.C. § 841)
Drug trafficking is prohibited under federal law as well. Federal authorities may become involved in a drug trafficking investigation if some combination of the following apply:
- It is suspected that drugs are being distributed across state lines or national borders.
- The suspected drug dealing is taking place in an area where federal authorities have increased the level of surveillance due to a high volume of drug-related criminal activity, known as a High Intensity Drug Trafficking Area (HIDTA).
- The trafficking of large amounts of methamphetamine is suspected.
Penalties for a federal drug trafficking conviction are determined by the amount of drugs involved, whether injury or death have occurred as a result of the use of the controlled substance, and certain other circumstances. Possible penalties range from 5 years to life in prison and a $5 million to $20 million fine.
What Drugs Does California’s HS 11352 Apply To?
Health & Safety Code 11352 makes it illegal to sell or transport drugs including (but not limited to) the following:
- Cocaine
- Heroin
- Opiates
- Gamma-hydroxybutyric acid (also known as “GHB”)
- LSD
- Peyote
- Certain prescription drugs including oxycodone (Oxycontin) and hydrocodone (Vicodin)
The sale and transport of certain other drugs including marijuana and methamphetamine are not prohibited by HS 11352 but are prohibited by other California legal codes (further explained in Relates offenses, below).
There are two main categories of HS 11352 offenses
Transportation Of A Controlled Substance
- “Transportation” of a controlled substance is defined as the moving or carrying of drugs from one place to another.
- You an be charged with transporting a controlled substance even if the distance that the drugs are transported is very short.
- The means of transportation may include car, plane, bicycle, or walking.
- In order to be convicted of transportation of a controlled substance, it must be proven that it was your intent that the drugs would eventually be sold.
- In order to be convicted of transportation of a controlled substance, you must be found to be transporting a “usable amount” of the drug. Transporting trace amounts of a drug, such as drug residue on an object, doesn’t count as an HS 11352 violation. This only applies to transportation of a controlled substance and not to selling a controlled substance.
- Offering to sell, furnish, or transport a controlled substance
Offering To Sell A Controlled Substance
- You can also be charged with violating HS 11352 if you offer or agree to sell, transport, administer, or even give away a controlled substance.
- You are only guilty of offering to sell, furnish, or transport a controlled substance if you intended to follow through on the offer or agreement.
You do not actually need to personally handle drugs to be convicted of trafficking a controlled substance. By having control over the drugs you may be guilty through something called “constructive possession.” You may be guilty of constructive possession if, for example, you pay someone else to obtain the drug and transport it for you, and you get paid upon its delivery.
Related Offenses
- Sale or transportation of marijuana HS 11360: This law is specific to HS 11352 but is specific to the transportation, sale, furnishing, and giving away of marijuana. An HS 11360 violation is a felony and could result in penalties of 3, 3, or 4 years in jail.
- Sale or transportation of methamphetamines HS 11379: This law is similar to HS 11352 but is specific to the sale and transportation of methamphetamines such as PCP, MDMA (aka ‘ecstasy’) and ketamine. Although a violation of HS 11379 is a felony, the penalties are less serious than the penalties for HS 11352 violations—generally 2, 3, or 4 years in jail.
- Sale of synthetic, or “designer” drugs HS 11357.5 and HS 11375.5: The sale of synthetic drugs such as “potpourri,” “spice,” or “bath salts” is illegal in California and could result in a misdemeanor charge and penalties of up to 6 months in county jail and/or a fine of up to $1,000.
- Possession for sale HS 11351: A somewhat less serious offense than HS 11352, this law involves the same drugs, but doesn’t actually involve the sale or transport of drugs. Instead, this violation involves the possession of drugs with the intent to sell them.