California Health and Safety Code Section 11352 (HSC 11352): Sale or Transportation of a Controlled Substance

Definition and Aspects of Controlled Substance Sale or Transportation:

Possession of an illegal drug is already a felony-level crime under the California legislature; however, the sale and/or transportation of a controlled substance is a much more serious offense. To supply, sell, distribute, administer or simply give away drugs is another felony that can be punished with a prison sentence up to five years and $20,000 in fines, as well as additional repercussions given other complicating circumstances. Under California Health and Safety Code Section 11352 (HSC 11352): Sale or Transportation of a Controlled Substance, if convicted, the retribution is even more severe than the punishment for simple possession or even possession for sale.

For you to be prosecuted for possession of a controlled substance in court, prosecutors must prove the following:

1. The Defendant knew of the presence of the controlled substance
2. The Defendant knew of the substance’s nature of the character as a controlled substance
3. The controlled substance was a useable amount

Under the law, transportation or offer to transport is defined as moving the controlled substance from one location to another, even if the distance isn’t substantial. The intent to sell or distribute is not required for it to count as transportation. Finally, a person transporting the controlled substance exclusively for personal use can still receive a sentence or probation. 

Sale or Transportation of Controlled Substances Related Criminal Offenses:

Similar or related criminal offenses include:

1. Possession of a Controlled Substance – California Health & Safety Code Section 11350 HSC
2. Possession for Sale of a Controlled Substance – California Health & Safety Code Section 11351 HSC
3. Possession, Sales and Transportation of Methamphetamines – California Health & Safety Code Section 11377, 11378 and 11379 HSC

Examples of Sale or Transportation:

A man travels up and down the coast for work. He is asked by a friend who lives in San Diego to take a few cocaine packages to a customer in Los Angeles. Despite this already being in the man’s daily route, the friend offers $20 cash for the inconvenience. The man did not buy nor intended to sell the drug, but he accepted the cash for transportation services. Under California Health and Safety Code Section 11352 HSC: Sale or Transportation of a Controlled Substance, the man could be prosecuted, as he was in violation of the statute.

On the other hand, if the friend told the man he is transporting a suitcase of clothes and the drugs were hidden between the items without the man’s knowledge, he would not be prosecuted for the transportation. Without knowledge of the presence of the controlled substance, the man remains innocent of the crime.

Defenses to Sale or Transportation of a Controlled Substance:

Law enforcement agencies often send undercover agents to work themselves into crime rings. By trying to catch someone performing an illegal action, if the undercover agent is too aggressive in pursuing a criminal and therefore pushed him/her into committing the crime, it counts as entrapment. If the Defendant can convince the Judge that he/she would not have committed the criminal offense without the encouragement of the undercover agent, the case could be dismissed.

Another defense for possession questions the legality of the search or seizure that resulted in the substance being discovered. If the Defendant can prove the search or seizure was illegal and not supported by a probable cause, the drugs may be suppressed. In this case, the case would have to be dismissed by the Judge.

Finally, if the Defendant was not aware of a controlled substance being present, he/she should be acquitted of the charge. 

Consequences and Penalty for Sale or Transportation of a Controlled Substance:

Sale, transportation, or the proven intent of it is punishable by up to five years in prison and a fine up to $20,000. If the transportation occurred over two or more county lines, the maximum prison sentence is increased to nine years. Additionally, several complicating factors can increase the penalties on any given conviction, including the types and amount of narcotics involved, prior convictions, and the crime’s location.

If you have been charged with the sale or transportation of a controlled substance, it is imperative that you meet with an experienced criminal attorney right away.