Transportation for Sale of a Controlled Substance in California (11352 HS) – Prosecution
If you have been charged with transportation of a controlled substance in California, it is important to understand what this crime entails. Our California drug possession attorneys at Wallin & Klarich want to share with you what the prosecution needs to prove in order to convict you of this offense.
Prosecution of Transportation for Sale of a Controlled Substance
Under Health and Safety Code 11352 HS, it is illegal to sell, furnish, administer, give away or transport a controlled substance in the state of California. 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
A controlled substance is any drug or chemical whose manufacture, possession and use are regulated by the government under the United States Controlled Substances Act (USCSA). The USCSA is a federal statute that allows the federal government to regulate almost any form of narcotic that has the potential to make its way through interstate commerce. Here are few examples of certain drugs that the Legislature has deemed controlled substances:
- Hallucinogens (LSD, mushrooms, peyote)
- Prescription painkillers (codeine, hydrocodeine, morphine)
These are just a few examples of controlled substances regulated by the USCSA. In order to prove that the drug in your possession was a controlled substance, the prosecution will use laboratory tests and expert witness testimony to determine the drug’s chemical makeup.
Transportation for sale
In order to convict you of this offense, the prosecution must prove that you sold, furnished, administered, gave away, transported or imported a controlled substance into California. Here is a breakdown of the various acts prohibited by Health and Safety Code 11352 HS:
- Selling in this context means the exchange of a controlled substance for money, services or anything of value
- You administer a substance if you apply it directly to the body of another person by injection or any other means, or if you cause the other person to inhale, ingest or otherwise consume the substance
- You transport a controlled substance if you carry or move it from one location to another, even if the distance is short
- Importing a controlled substance means bringing drugs located outside of the state into California
- Giving away a controlled substance means that you supplied another with the drug without requiring payment or an exchange of goods
- Furnishing a controlled substance means supplying the drug by any means
In order to convict you of transportation of a controlled substance under California Health and Safety Code 11352 HS, the prosecution must prove that you knew the substance’s nature or character as a controlled substance. In other words, the prosecution must prove that you knew the substance you possessed was capable of being used as a narcotic. However, the prosecution does NOT need to prove that you knew which specific substance you actually possessed.
The prosecution must also prove that you were aware of the drug’s presence. If you had no knowledge of the presence of the drug either on your person or in an area over which you exercise control, you cannot be convicted of this offense.
A usable amount is any quantity large enough to be used by someone as a controlled substance. Useless traces or debris are not considered “usable amounts” because they are not likely to be used in the manner prohibited by California Health and Safety Code 11352 HS. However, a very small quantity can still be considered a usable amount and the quantity does NOT need to be enough, in either amount or strength, to affect your disposition upon its use.
Contact Wallin & Klarich Today
If you or someone you know has been charged with transportation of a controlled substance under California 11352 HS, you need to contact an experienced criminal defense attorney who is dedicated to giving you the best representation possible. 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 or sale of a controlled substance in California for over 40 years. Drawing from our extensive experience, our talented California defense lawyers will thoroughly review the facts and develop an effective defense strategy to win your case.
Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.