Consequences of Transporting Controlled Substances (Health and Safety Code 11352)

Two drug smugglers were recently arrested after police officers in Huntington Beach seized nearly $1.3 million worth of cocaine in a drug transportation bust.¹

The black Nissan Sentra driven by the two suspects from Panorama City had been stopped by local officers, who reported the men acting unusually nervous. After allegedly consenting to a search of their truck, a K-9 unit helped the police recover 27 kilos of cocaine stashed in a spare tire located in the trunk.²

The two Los Angeles County men were booked into custody on charges of transporting controlled substances. If convicted, they face up to 34 years in prison.

It is important for you to understand that smuggling drugs in California is very risky and can lead to severe consequences.

What is Transportation of a Controlled Substance? (HS 11352)

California Health and Safety Code 11352 (HS 11352) prohibits selling, transporting or otherwise distributing a controlled substance. Under California law, it is illegal to do any of the following:

• Transport illegal drugs or unlawfully transport legal drugs from one place to another;
• Import controlled substances into California;
• Sell illegal drugs, whether for cash or trade for something else of value;
• Furnish or otherwise supply illegal drugs;
• Administer drugs directly to another person by injection, inhalation or ingestion; or
• Give away a controlled substance.

Getting in your car, RV, boat, plane or on your bicycle and moving illegal drugs such as cocaine across the state, across the county, or even across the street is enough to trigger your prosecution for transporting drugs under HS 11352. It doesn’t matter if you sold or intended to sell the drugs, or otherwise distribute them.

What are Defenses to a Charge of Transporting Cocaine?

Some of the defenses to a charge of transporting cocaine in violation of HS 11352 that your California criminal defense attorney may be able to raise include, but are not limited to the following:

1. No Intent: You did not intentionally commit or attempt to commit a drug transportation crime. For example, you were coerced to commit the crime under threat of injury or death to you or someone else;
2. No Knowledge: You did not know you were in possession of a controlled substance;
3. No Possession: You did not possess a controlled substance;
4. Mistaken Identity: You were falsely accused of transporting drugs because you resemble a suspect in a drug transportation investigation;
5. Illegal Search and Seizure: The evidence against you was seized without probable cause, without your consent to a search or as a result of a search warrant that was not properly executed or obtained;
6. Entrapment: Law enforcement agents induced you to commit a crime you otherwise would not have committed.

Sentencing and Punishment for a Conviction of Transporting Cocaine

If you are convicted of transporting cocaine in violation of Health and Safety Code Section 11352, you can be fined up to $20,000 and sent to jail for three, four or five years.

However, if you unlawfully transport drugs across more than two California counties, your punishment increases to three, six or nine years in prison.

Additionally, your jail sentence can be increased by up to one year if your cocaine transportation conviction took place on the grounds of or within 1,000 feet of a:

• Drug treatment center;
• Detox facility; or
• Homeless shelter.

You can also have your sentence increased if your cocaine transportation offense involved the employment or use of a minor under the age of 18.

Increased Sentencing for a Cocaine Transportation Conviction Involving Mass Quantities

If you are convicted of transporting cocaine in violation of Health and Safety Code 11352, you may face additional sentencing beyond your underlying offense if the amount of cocaine with which you were arrested was substantially large. A mass quantity enhancement is as follows:

• 3 years for transporting more than one kilogram;
• 5 years if the cocaine exceeds four kilograms;
• 10 years if you transported more than 10 kilograms,
• 15 years if the drugs weighed more than 20 kilograms,
• 20 years if the cocaine weighed more than 40 kilograms, and
• 25 years if the drugs you transported exceeded 80 kilograms.

The drug smugglers busted recently in Huntington Beach were arrested for allegedly transporting 27 kilograms of cocaine. This means each could be facing as much as 25 years in prison for a weight enhancement in addition to any sentence they receive for the underlying transportation charge.

Other Consequences of Transporting Controlled Substances

Other indirect consequences may follow a conviction for a cocaine transportation charge including, but not limited to:

• Mandatory registration as a drug (“narcotic”) offender for five years;
• Supervision by a probation or parole agent in the community after release from custody;
• Disciplinary proceedings that may result in the suspension or revocation of a professional license you may be required to possess for your professional duties.
• Deportation or removal from the United States if you are a legal immigrant or undocumented alien;
• A driver’s license suspension if you are between 13 and 21 years of age; and/or
• Loss of public assistance benefits such as CalFresh (or “food stamps”), CalWorks (cash assistance to needy families), and General Relief/General Assistance (cash aid to indigents), and federal student aid funding.

Our Attorneys at Wallin & Klarich Can Help You Fight Charges of Transporting Cocaine

If you or someone you know has been accused of a drug-related offense such as transporting cocaine in violation of Health and Safety Code 11352, you should speak to one of our experienced criminal defense attorneys at Wallin & Klarich today.

Hiring an attorney from Wallin & Klarich could mean the difference between spending many years in prison and a reduction or dismissal of the charges against you.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our attorneys at Wallin & Klarich have over 40 years of experience successfully defending thousands of clients charged with drug-related crimes. We will aggressively fight to make sure you obtain the best possible result in your case.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.

<sup>1. [KABC-TV Los Angeles: “Huntington Beach cocaine bust: Nearly $1.3 M in drug seized;” http://abclocal.go.com/kabc/story?section=news/local/orange_county&id=941640]↩
2. [Id.]↩</sup>