Transportation & Sale of a Controlled Substance Prosecution - Health and Safety Code Section 11352
To prove that the defendant is guilty of violating Section 11352, the prosecution must prove that:
- The defendant (sold/furnished/administered/gave away/transported/imported into California) a controlled substance;
- The defendant knew of its presence;
- The defendant knew of the substance's nature or character as a controlled substance; AND
- The controlled substance was in a usable amount.
The prosecution does not need to prove that the defendant knew which specific controlled substance he or she possessed, only that he or she was aware of the substance's presence and that it was a controlled substance.
A usable amountis a quantity that is enough to be used by someone as a controlled substance. Useless traces or debris are not usable amounts. On the other hand, a usable amount does not have to be enough, in either amount or strength, to affect the user.
Note that transportation does not have to be inside of a vehicle. A person transports something if he or she carries or moves it from one location to another; even if the distance is short.
