Transportation & Sale of a Controlled Substance FAQs – Health and Safety Code Section 11352

1. What does “furnish” mean?

A person is held to “furnish” a substance if he/she supplies, or in any way, gives it to another.

2. What does “administer” mean?

A person is held to “administer” a substance if he/she applies it directly to the body of another person by injection, or by any other means, or causes the other person to inhale, ingest, or otherwise consume the substance.

3. What can an attorney reduce my charge to?

Having an experienced attorney can help you get the best possible result in your case. If the attorney cannot dismiss the case, it may be possible to reduce the charges. The attorney can highlight any weaknesses in the prosecution’s case. The prosecution may reduce the charges to either a simple possession of a controlled substance (California Health and Safety Code Section 11350) or possession for sale (California Health and Safety Code Section 11351), which are lesser related offenses with lighter penalties.

4. Everyone has prescription drugs, so how can the prosecution prove that I intended to sell it?

You can be charged with transporting a controlled substance if you are caught with prescription drugs that do not belong to you. The prosecution will still have to prove all of the required elements to convict you. It is important that you speak with an experienced drug defense attorney to know all of your options and defenses.