Transportation & Sale of a Controlled Substance Sentencing & Punishment - Health and Safety Code Section 11352
What is the punishment for a conviction under California Health and Safety Code Section 11352?
A conviction under California Health and Safety Code Section 11352 can be punishable by imprisonment by up to five years in state prison if a person:
- Transports, imports into California, sell, furnish, administer, or give away certain controlled substances.
- Offers to transport, import into California, sell, furnish, administer, or give away, or attempts to import into this state certain controlled substances.
A conviction under California Health and Safety Code Section 11352 can be punishable by imprisonment for up to nine years in state prison if a person:
- Transports for sale any listed controlled substances within California from one county to another noncontiguous county.
- "Noncontiguous county" refers to two counties that are not connected to each other.
The listed controlled substances can be found under California Health and Safety Code Section 11054(b), (c), (d)(14), (d)(15), (d)(20), (e), (f)(1), Section 11055(b), (c), Section 11056(h), or any controlled substance classified in Schedule III, IV, or V which is a narcotic drug.
What if I was caught for transportation of a controlled substance, but it was for personal use?
A defendant convicted of transporting a controlled substance "for personal use" may be entitled to be sentenced to probation upon the condition that they successfully complete a drug treatment program. See California Penal Code Section 1210.1; People v. Barasa (2002) 103 Cal.App.4th 287 at pp 295-297. Also read our Diversion Programs section pertaining to the drug treatment available at www.wklaw.com.
Two cases have held that the judge, not the jury, may determine whether the defendant transported the drugs for personal use. See People v. Barasa (2002) 103 Cal.App.4th 287 at pp. 294-295; People v. Glasper (2003) 113 Cal.App.4th 1104, 1115 [7 Cal.Rptr.3d 4].
Note that if you are caught transporting controlled substances for personal use and are under the age of 21, the court can suspend your driver's license for one year. If you do not have a driver's license, the court will order the DMV to delay issuing a driver's license to you for a year subsequent to the time you become legally eligible to drive. See California Vehicle Code Section 13202.5.
What is the punishment if I own a business that transports controlled substances? California Health and Safety Code Section 11352.1
Anyone who knowingly owns, manages, or operates a business that dispenses or furnishes a dangerous drug or dangerous device or any material represented as, or presented in lieu of, any dangerous drug or dangerous device, without a license to dispense or furnish these products, will be guilty of a misdemeanor. See California Health and Safety Code Section 11352.1
Upon the first conviction, each violation shall be punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment.
Upon a second or subsequent conviction, each violation shall be punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.
What if I am charged with transportation of heroin? California Health and Safety Code Section 11352.5
If you are charged with transporting heroin (14.25 grams or more), you will face a fine of up to fifty thousand dollars ($50,000) in addition to facing a possible prison sentence. See California Health and Safety Code Section 11352.5.
For all of the above reasons, it is critical that you retain an experienced drug crimes defense attorney to represent you when you are first accused of this or any drug offense. The experienced attorneys at Wallin & Klarich can provide you with the best possible defense in your drug case. Call us at 888-749-0034 or contact us on our website at www.wklaw.com. We will be there when you call.
