San Diego Criminal Defense Lawyer
The sale and transportation of controlled substances is prohibited under California Health & Safety code 11352 and is defined by the following:
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.
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:
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.
Health & Safety Code 11352 makes it illegal to sell or transport drugs including (but not limited to) the following:
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).
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.
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 affects on your personal life, career, education, and immigration status.
The Law Officer of William R. Burgener, APC can help you to obtain the best possible outcome in the face of drug trafficking or related charges.