Transportation for Sale of a Controlled Substance – Health and Safety Code 11352 HS
What is transportation for sale of a controlled substance?
Under California Health and Safety Code section 11352, it is illegal to sell, furnish, administer, give away or transport a controlled substance in the state of California. The punishment can be severe so you should contact a California drug lawyer for legal representation. According to the United States Controlled Substances Act, a controlled substance can constitute both illegal narcotics and legal prescription drugs. In order to convict you of this offense the prosecution must prove the following:
- You sold/furnished/administered/gave away/transported/imported into California a controlled substance AND
- You knew of its presence AND
- You knew of the substance’s nature or character as a controlled substance AND
- The controlled substance was in a usable amount
Defenses to a charge of transportation for sale of a controlled substance
There are a number of defenses that a California drug possession lawyer at Wallin & Klarich can raise on your behalf. These include:
- Failure to follow police procedures
- You did not sell or transport a controlled substance
- Momentary possession
- Lack of awareness or knowledge
Each of these defenses can be raised depending upon the facts of your individual case. Be sure to consult a criminal defense attorney at Wallin & Klarich to learn more.
Transportation for sale of a controlled substance punishment and sentencing
According to the California Health and Safety Code section 11352, transportation for sale of a controlled substance is a felony punishable by 3, 4 or 5 years in state prison. However, there are several circumstances that can increase your sentence beyond this range. These include:
- Transportation of a controlled substance across two county lines: The transportation of a controlled substance for sale from one county to another noncontinuous county (not physically connected to the previous county) is a felony punishable by 3, 6 or 9 years in state prison and a maximum $20,000 fine.
- Business engaged in furnishing dangerous drugs or devices: Anyone who knowingly owns, manages, or operates a business engaged in dispensing or furnishing a dangerous drug or device is guilty of a misdemeanor punishable by up to 364 days in county jail and maximum fine of $5,000. Each subsequent violation will result in a jail sentence of up to a year and maximum fine of $10,000
- Transportation of heroin: If you are convicted of transporting 14.25 grams or more of heroin you face a fine of up to $50,000 in addition to your underlying prison sentence.
Transportation for sale of a controlled substance FAQ’s
To help you understand the various aspects of a transportation for sale of a controlled substance charge, our attorneys at Wallin & Klarich have provided answers to some of the most commonly asked questions in our FAQ section. There, you can find answers to questions such as:
- What conduct is prohibited by California Penal Code section 11352?
- What is entrapment?
- Can an attorney help reduce my transportation for sale of a controlled substance charge to a lesser offense?
Where can I find the most experienced criminal defense attorneys in California?
If you are confronted with accusations of transportation for sale of a controlled substance, it is essential that you contact an experienced California defense lawyer who is familiar with such cases. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina, Wallin & Klarich has successfully represented clients facing charges for transportation for sale of a controlled substance for sale for over 40 years. We have the knowledge and the know-how to win your case.
Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.