Despite the significant steps to legalize the use of marijuana and reform sentencing for possession of this drug in California, the government still regulates the transportation and sale of some substances. Transportation of a controlled substance to sell is a crime under California HSC 11352. Illegal transportation of drugs is not only limited to street drugs like cocaine and heroin but also prescription drugs that are transported and sold without valid prescriptions.

A violation of HSC 11352 is a felony, and a conviction will have serious consequences. While a conviction under this statute leads to a prison sentence of up to five years, there are some circumstances where you could face a harsher sentence. In addition to the legal penalties, a conviction for drug transportation for sale could significantly affect your personal and professional life. If you face accusations of transporting an illegal substance for sale, you will need the expert legal guidance and representation we offer at California Criminal Lawyer groups. We serve clients battling charges for drug crimes throughout Santa Ana, CA.

Overview of California HSC 11352

Under California Health and Safety Code 11352, it is a crime to import, transport, furnish, give away or administer a controlled substance without a license. Abetting or aiding another person to transport the drugs for sale could also attract charges under this statute. The government classifies controlled substances according to their medical importance, safety level, and potential abuse by the users. Some of the drugs whose sale or transport could attract an arrest for transportation for sale include:

  • Cocaine
  • Heroin
  • Peyote
  • Morphine
  • Cocaine
  • Ecstasy
  • Marijuana and its concentrates
  • Methamphetamines
  • Depressants
  • Hallucinogens

Transportation of a regulated substance does not require a long transit. Moving a drug a few kilometers to sell is enough to convict you under this statute. The prosecutor in your case:

You Sold, Furnished, Imported, Transported, or Gave away a Regulated Drug

Under this statute, a controlled drug is any substance that falls under the five drug schedules formulated by the United States Controlled Substances Act. Transportation of drugs means that you moved them from one place to another. You can use a bicycle, motor vehicle, or aircraft for drug transportation. Your intention to follow through with the offer must be clear when proving that you offered to sell a drug.

You Knew the Character of the Drug as a regulated Substance

You cannot face a conviction under HSC11352 if you do not know that State and federal laws control the substance you are transporting. Therefore, the prosecution must prove your knowledge of the presence and nature of the substance to prove your guilt.

The Substance was in a Usable Amount, and you Intended to Sell It.

California HSC 11352 addresses the transport of drugs with the sole intention of selling or exchanging them for valuable items. If you transport drugs for any purpose other than sale, the court can only find you guilty of simply possessing the drug. Additionally, you are only guilty of transport for sale if you had a usable amount of the substance.

Penalties for Violating Health &Safety Code 11252 Laws

Transporting a controlled drug for sale is a felony. A conviction under HSC 11352 attracts these penalties:

  • Three to five years in county jail under the realignment program. California realignment program is a measure that diverts defendants who face a conviction for less severe felonies to serve time in county jail instead of state prison. Serving a jail sentence is beneficial because you are eligible for an expungement that offers relief from the disabilities of your conviction.
  • Three to nine years in prison for transporting controlled drugs across state lines
  • A maximum fine of up to $20,000
  • Felony Probation

Transport or sale of a controlled drug is a deportable crime. Therefore, immigrants facing these charges risk forceful removal from the United States following a conviction.

Felony Probation for Transportation for Sale of a Controlled Substance

Felony or formal probation is a sentencing alternative that allows you to serve part of your sentence out of jail or prison. If the court sentences you to probation after an HSC 11352 conviction, you will serve part or your complete jail sentence in community service and supervision. Not all defendants who face felony charges are eligible for probation. You must negotiate with the prosecution if you feel that serving your sentence out of jail is a favorable option. When deciding to place you on formal probation, the court considers these factors of your case:

  • The seriousness of your offenses. The seriousness of HSC 11352 charges varies depending on the amount and type of drug you transported.
  • Your criminal history. Having several prior felony drug convictions makes it difficult for you to receive a probation sentence.
  • Your attitude about probation. Probation is not mandatory, and you must agree to it. If you feel that the sentence does not suit your interests, you can opt to serve your jail sentence. Additionally, your performance on prior probation terms could affect your likelihood of receiving this sentence. If you have a history of violating probation, the court may order you to serve your complete jail sentence.
  • The likely effect of imprisonment on your life. Drug charges are brought against adults and minors. If a person under eighteen faces charges for transporting a regulated drug for sale, their case is tried in juvenile court. Spending time in jail could be detrimental to the development of a juvenile. Therefore, the court could sentence such a child to probation instead of detention.

In addition to your agreement, the court will rely on a probation report to determine your suitability for probation. A probation officer is tasked with assessing your case and writing your report to the court before sentencing. Under these circumstances, you cannot qualify for probation:

  • You offered to sell up to 14.25 grams or more of a substance that contains heroin
  • You offer to transport or sell heroin to someone with a prior conviction for transport for sale or possession for sale of a controlled substance
  • You have a prior conviction for processing, selling, or transporting heroin

In California, felony probation for HSC 11352 lasts between three to five years, and the sentence is attached to severe probation conditions, including:

  • Regular check-ins with a probation officer
  • Mandatory drug testing
  • Community service
  • Avoid committing additional crimes while on probation
  • Enrollment in a drug treatment program
  • Agreement to submit to random searches from law enforcement

Although probation keeps you from jail, violating the probation terms could cause a revocation and reinstatement of the original or a harsher jail sentence. Therefore, you can consult with your attorney if you have any questions about your probation terms.

Aggravating Factors for an HSC 11352 Conviction

An aggravating factor is a circumstance that makes your crime more severe. Under the following circumstances, you will face serious legal penalties:

Trafficking of Drugs Near a Homeless Shelter or Treatment Facility

You will face a one-year additional jail sentence after a conviction under HSC 11352 if these two elements are actual:

  • You transported cocaine, heroin, or any product containing these drugs
  • The offense occurred within 1,000 feet of a homeless shelter or drug treatment facility

Transportation for the sale of Large Amounts of Cocaine or Heroin

If you are found guilty of transporting heroin or cocaine for sale, you could face the following additional penalties:

  • Three years for drugs weighing up to one kilogram
  • Five years if the weight of the drug exceeded four kilograms
  • Up to ten years for transporting ten kilograms or more of the substance
  • Fifteen years for twenty kilograms
  • Up to twenty years in jail for transporting forty kilograms or more of heroin or cocaine and their derivatives

If you receive a sentence enhancement for transporting large quantities of a controlled substance, the court could impose additional fines ranging from $1,000,000 to $8,000,000.

Being a Repeat Offender

In addition to punishment, sentencing for drug crimes includes steps aimed at rehabilitation. Having prior convictions under HSC 11352 or other drug crimes may indicate that past rehabilitation attempts by the court system were unsuccessful. With at least one prior drug-related conviction, you will face a three-years additional sentence.

Furnishing or Selling Controlled Drugs to Certain Groups of People

The court is likely to impose a harsh sentence for transport for sale of controlled substances if you knew that the person to whom you were selling:

  • Was pregnant
  • Was undergoing treatment for drug-related complications
  • Is a convicted felon

Transport for Sale of Drugs Involving Juveniles

California law protects children under eighteen from individuals who could entice them into selling, transporting, or using illegal substances. For this reason, the sale or transportation of drugs involving juveniles is a distinct crime under HSC 11353. The prosecution proves your guilt under this statute by showing that:

  • You are an adult eighteen years or older
  • You employ or hire a minor to transport, peddle or prepare a controlled substance for sale
  • You furnish, give away or sell an illegal drug to a child

A conviction for violating HSC 11353 is punishable by up to nine years in state prison. Additionally, the court could enhance your sentence by up to three years if you are at least four years older than the child.

Marijuana Transportation in California

 Although possession for the personal use of marijuana is legal in California, weed is still a controlled substance. However, the transportation and sale of this drug are addressed under separate laws. Except for authorized sellers and caregivers of individuals using medical marijuana, transporting and selling marijuana is an offense under HSC 11360.

Transportation for sale for a week is a misdemeanor that is punishable by a six months jail sentence and up to $500 in fines. However, if you have convictions for serious drug or sex offenses, the prosecution can file felony charges for the sale or transport of marijuana. As a felony, HSC 11360 attracts a four-year prison sentence and a $10,000 fine.

Long-Term Consequences of Possession for Sale of a Controlled Substance

A conviction under HSC 11352 will continue to impact your life even after you have served and completed your prison sentence. The following are some of the adverse effects of such a conviction:

  • Felony record. Facing a conviction for transporting or selling drugs leaves behind a permanent record as a felony drug offender. Having such a record makes it challenging to receive security clearance. Additionally, many employers are reluctant to hire convicted felons. Therefore, securing a job can prove futile.
  • If you are a non-citizen, a felony drug conviction will result in denial of a green card, immigration visa, or, far worse, cause deportation.
  • College applications. If you want to pursue a college degree, a felony drug conviction on your record reduces your chances of receiving federal and state financial aid.
  • Professional license. If you work in a profession that requires a license from a state board, a felony conviction is considered malpractice and can result in license suspension or revocation.
  • Child custody. If your felony conviction is uncovered during a custody battle, the court is more likely to award custody to the other parent. Regaining custody of your children with such a record is challenging.

Best Defenses Against HSC 11352 Charges

Every criminal charge has viable defenses that could result in a verdict in your favor. Having competent legal guidance by your side is beneficial in presenting the following defenses in your case:

Unlawful Searches and Seizure

California search and seizure laws protect all residents against unreasonable intrusion by police as they search for evidence of criminal activity. Most charges for transportation and sale of a controlled substance are based on illegal police searches accomplished through:

  • The search of your house or vehicle without a valid search warrant
  • Exceeding the scope of the search by the police
  • Searches conducted without a probable cause

If you are a victim of an illegal police search and seizure, you can seek to have the evidence collected from the illegal search excluded from your case.

Lack of Knowledge

One of the elements that must be clear in proving your liability under HSC 11352 is that you knew of the presence of the substance and its regulation by the state. You can argue that you did not know that the drug was within your reach, or you did not know that the particular substance was controlled in California.

Valid Prescription

While some people abuse prescription medications, it is common to have a condition that prompts your doctor to prescribe a drug that falls under a controlled substance. Transporting a controlled prescription drug with a valid prescription is not illegal. Additionally, if you have a license to purchase drugs for sale, you cannot be found guilty of transportation for sale.

Police Misconduct

Police officers use all methods to find probable cause to arrest you for a drug crime. Typical forms of police misconduct include:

  • Planting of evidence. Police plant evidence by placing a controlled drug in your vehicle or apartment.
  • Providing false information on where the alleged drugs were found. For example, if law enforcement finds a controlled drug near you, the burden of proving that you owned the drugs is challenging for the prosecution. Instead, the officers could lie that the drugs were in your pocket to increase the chances of a conviction.
  • Arresting you without a probable cause or a falsified probable cause.
  • Use of excessive force to obtain evidence or a confession.
  • Enticing you or encouraging you to commit a crime

By arguing that police officers engaged in misconduct or a violation of your rights, you place doubt in the prosecution’s case and increase your chances of beating the charges.

No Usable Amount

For most drug-related crimes, the prosecution must prove that you had a usable amount of the substance before you face a conviction. Traces or residues of a controlled substance are not enough to sell for use. Therefore, you can argue that the amount of drug in your possession or control was insufficient to produce drug effects on anyone. Therefore, you could not have transported it intending to sell.

Lack of Intent

Transportation for the sale of a drug is a specific intent crime. The prosecution team must prove that your main intention when moving the substance within California or across state lines was to sell it. If the intent to sell is unclear, you cannot face a conviction under this statute.

Frequently Asked Questions on Transportation for Sale of a Controlled Substance in California

Facing an arrest for transport for the sale of an illegal drug is devastating. When you learn of the charges, it is normal to feel confused and uncertain about the steps to take against the charges. Some of the most commonly asked questions on prosecution, conviction, and defense of HSC 11352 charges include:

  • Am I guilty under HSC 11352 if I transported a prescription medication?

Under California law, controlled substances include any chemical whose manufacture the state regulates the sale, transport, or use. Many people obtain and sell prescription medications to individuals without a prescription who abuse these drugs. Therefore, you can face an arrest, charges, and a conviction for transportation for selling prescription medications without a valid prescription.

  • What conduct is prohibited by HSC 11352?

California Health and Safety Code 11352 criminalizes several forms of conduct centered around transportation and the sale of a controlled substance. Acts that could prompt an arrest and prosecution under this statute include giving away, administering, selling and transporting, or importing a controlled substance. Any act involving the movement of a regulated drug and change of ownership is criminal.

  • Does the type of drug and distance traveled by the drug affect my conviction?

Yes. A conviction for transportation for the sale of a drug is punishable by a maximum of five years in state prison. However, transporting the substance across state lines will cause you to spend up to nine years in prison. Additionally, you will face a stiff penalty if the substance in question is cocaine or heroin.

  • Can the prosecution reduce my HSC 11352 charge to a lesser charge?

Yes. Drug crimes vary in severity. As a felony, transport for the sale of a controlled drug is one of the most severe offenses. A skilled drug crime defense attorney could help convince the prosecution to reduce your charges. Mainly, the prosecution reduces your charges if they have insufficient evidence to prove the case beyond a reasonable doubt.

For example, if the evidence of transportation or intent to sell the substance is unclear, the prosecution would not want to lose the case. Therefore, they can reduce your charges to simple possession, a misdemeanor. A conviction under HSC attracts a shorter jail time, and you can avoid jail time through probation or a drug diversion program.

  • Will I be convicted for transportation for the sale of a drug if I am a victim of entrapment?

Entrapment is an instance where police officers try to entice or lure a person into committing an offense that they wouldn’t usually commit. If you feel that the police officers enticed you to violate HSC 11352, you can present entrapment as a defense to your case.

Find a Knowledgeable Santa Ana Criminal Defense Attorney

When you think of drug transportation or sales, most people think of large-scale trafficking involving the smuggling of the drugs in vehicle compartments to avoid detection. However, in California, you risk facing an arrest for transport for the sale of a controlled substance for simple actions such as walking across the street carrying a backpack with a usable amount of the drug. Essentially, if the prosecution can establish your intention to sell the drug, you can be found guilty and convicted under HSC 11352.

Transporting a controlled substance is more severe than drug offenses like being under the influence and simple possession. The prosecution charges a violation of this statute as a felony, and a conviction attracts serious consequences. If you or a loved one faces charges for transportation of drugs for sale, you should not take the situation lightly. Under these circumstances, seeking legal insight is one of the wisest decisions you can make for your case. We have extensive experience with California drug laws at California Criminal Lawyer Group and will help you fight your drug transportation charges in Santa Ana, CA. Call us today at 714-844-4151.