Transportation for Sale of a Controlled Substance – Sentencing & Punishment: HS 11352
Transportation for sale of a controlled substance
Under California Health and Safety Code 11352 the sale, furnishing, administering, giving away, transportation or importation of a controlled substance is a felony punishable by 3, 4 or 5 years in state prison and a maximum $20,000 fine. To avoid greater punishment it is critical that you hire a drug possession lawyer to defend you.
Transportation for sale 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.
Transportation of a controlled substance for personal use
Under California Penal Code section 1201.1 you may be eligible for probation in lieu of a prison sentence if you were found to have transported the controlled substance for your own personal use. However, you will be required to successfully complete a drug diversion program in order to become eligible (click here for information regarding Drug Diversion). If you are under 21 years of age the time you are convicted of this offense, the court can suspend you driver’s license for up to a year in accordance with California Vehicle Code section 13202.5.
Business engaged in furnishing dangerous drugs or devices
Under California Health and Safety Code section 11352.1, 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 a year in county jail and maximum fine of $5,000. Each subsequent violation of this section will result in a jail sentence of up to a year and maximum fine of $10,000.
Transportation for sale of heroin
Under California Health and Safety Code section 11352.5, 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.
Court options at the time of sentencing
If you are convicted of Transportation for sale of a controlled substance, the court has discretion in determining your punishment depending upon the circumstances of your case. The court has the following options at time of sentencing:
- Transportation for sale: The court can sentence you to 3, 4 or 5 years in state prison
- Transportation across two counties: The court can sentence you to 3, 6 or 9 years in state prison
- Place you on probation and impose a sentence of up to one year in county jail
- Place you on probation with no jail time, but order you to do community service, a work release program and attend drug counseling or substance abuse classes
- Place you on formal probation and assign you a probation officer
When you are placed on probation the court will impose specific terms of probation that apply to the crime for which you were convicted. These terms of probation will include:
- Violate no law (other than a traffic infraction)
- Visit your probation officer as often as required by your probation terms
- Perform community service
- Random drug testing
These are only a few of the probation terms that a court can impose. If you are found to be in violation of any of these terms, the court can sentence you to the maximum time allowed by law.
Contact Wallin & Klarich Today
The sentencing and punishment for transportation or sale of a controlled substance can be severe and potentially life changing. If you or someone you know has been charged with this offense, you need to contact an experienced California defense lawyer who will carefully review the facts and the law to give 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 over 40 years of experience in defending our clients against charges of transportation or sale of a controlled substance. We will carefully review the evidence against you and help you win your case. (877) 4-NO-JAIL or (877) 466-5245