Transportation for Sale of a Controlled Substance – FAQs – Health and Safety Code 11352 HS
Can I be convicted of health and safety code 11352 if the substance was a prescription medication?
Yes. Transportation or sale of a controlled substance not only includes illegal narcotics such as heroin or cocaine, but it can also encompass a wide variety of legal prescription drugs. If you are found to have transported or sold prescription medication without a valid prescription or license, your conduct is considered illegal under Health and Safety Code 11352.
What conduct is prohibited by California Health and Safety Code section 11352?
California Health and Safety Code 11352 is very broad and encompasses a variety of prohibited acts in relation to the transportation or sale of a controlled substance. These prohibited acts include selling, administering, giving away, furnishing, transporting or importing a controlled substance into California. Basically, any act in which you move the substance within the state or transfer it’s possession to another person can lead to criminal liability under this section.
What is entrapment?
Entrapment occurs when a police officer coerces, entices or lures an otherwise innocent person into committing a crime he or she would not normally commit. This can act as a defense to a charge of transportation or sale of a controlled substance under California Health and Safety Code 11352. In order to assert this defense, you must show that the officer’s conduct caused you to engage in a prohibited act (selling, transporting, furnishing etc…) and that you normally would not have committed this act absent the officer’s coercive conduct. In addition, you must show that a reasonable person would have been unable to resist the officer’s demands or suggestions. Although this is a difficult standard to prove, your California defense attorney can help you assert this defense if the officer’s behavior was overly suggestive or coercive to the point of entrapment.
Will the type of drug or how far I traveled affect my sentencing if I am convicted of transportation or sale of a controlled substance?
Yes. Typically, a conviction for transportation or sale of a controlled substance is a felony punishable by 3, 4 or 5 years in state prison and a maximum $20,000 fine. However if you are found to have transported the substance across two or more county lines, you face an even harsher sentence of 3, 6 or 9 years in state prison. In addition, if the substance you transported consisted of 14.25 grams or more of heroin, you can be subject to a maximum $50,000 fine in addition to your underlying sentence.
Can an attorney help reduce my transportation or sale of a controlled substance charge to a lesser offense?
Yes. Having an experienced drug defense attorney can help reduce to this crime to a lesser charge depending upon the circumstances of your case. Your attorney can negotiate with the prosecution and highlight any weaknesses they may have in their case. The prosecution may fear losing in trial and offer a lesser charge. In most transportation or sale of a controlled substance cases, the lesser charge would be simple possession of a controlled substance under California Health and Safety Code Section 11350. This offense is punishable by 16 months, 2 or 3 years in county jail rather than a transportation or sale conviction which could result in up to years in state prison.
If your attorney is able to reduce your charge to simple possession, you may also be eligible for a drug diversion program under P.C. 1000 or Prop. 36. This means that you can participate in a drug treatment program in lieu of going to jail. However, these diversion programs are not available if you are convicted of transportation or sale of a controlled substance under California Health and Safety Code section 11352. Please read our Drug Diversion Programs section for more information.
If I have been charged with transportation or sale of a controlled substance, who should I call?
With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina, Wallin & Klarich has over 40 years of experience in successfully representing Southern California residents who have been charged with transportation or sale of a controlled substance. Drawing from our extensive years of experience, we are available to answer any questions you have and are willing to go the extra mile in your defense.
If you are facing prosecution for transportation or sale of a controlled substance, call our talented and professional defense attorneys today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.