Drug Sales & Drug Transportation

The Controlled Substances Act regulates the possession, sale, transportation, and distribution of dangerous substances. These substances are regulated because of their great potential for abuse and addiction. While possession for personal use of marijuana is legal in California, simple possession of other controlled substances is a crime, punishable by time in jail and a court fine. The transportation or sale of dangerous substances without proper authorization is a more severe crime, generally prosecuted as a felony.

If you face charges for the illegal transportation or sale of a regulated substance today in Los Angeles, you need adequate legal guidance, support, and defense to obtain a favorable outcome in your case. We can help with that, defend your rights, and help you navigate all legal processes at Leah Legal Criminal Defense Attorney.

The Legal Meaning of Drug Sales and Drug Transportation

The illegal sale, transportation, furnishing, administration, or importation of regulated substances is prohibited under the Health & Safety Code (HS) 11352. This is primarily a felony, punishable by up to nine years in prison and a fine of $20,000. This law applies to most controlled substances under the Controlled Substances Act. They include street drugs like heroin, peyote, cocaine, and LSD, and also prescription drugs like oxycodone, codeine, and hydrocodone.

However, this law is not about methamphetamine, marijuana, and some other drugs. This is because other laws exist that regulate the possession, consumption, sale, and distribution of marijuana and methamphetamine. For example, HS 1179 regulates the transportation or sale of methamphetamine, while HS 11360 prohibits the transportation or sale of marihuana. Additionally, there are laws on ecstasy, GHB, PCP, and Ketamine, which prohibit certain acts with the respective drugs.

Thus, HS 1352 is a very specific law that prohibits certain acts involving certain dangerous substances. The specific acts include the following:

• The illegal sale of regulated substances
• Transporting a controlled drug for sale
• Administering or furnishing illegal drugs to other people
• Giving away controlled substances
• Offering to engage in any of these acts

Before 2014, the law against illegal transportation of regulated substances included moving a substance to another location, even for personal consumption. However, the California legislature amended this law. The current law defines transporting a substance as moving it from one location to another for sale, and not personal use.

The actual meaning of this law can be better understood by reviewing its specific elements. These are the facts of the crime, which the district attorney must prove during your trial, to get a conviction. These elements are as follows:

• You had a regulated substance in your possession or control and did one of the following:

1. You sold it to another person or people
2. You furnished it through any means, whether selling or giving away
3. You administered it to another person, meaning that you caused the person to consume the drug through any means, including injection.
4. You gave the substance away.
5. You transported it with the intent to sell, or
6. You offered to do one of the above-mentioned acts with the regulated substance.

• You were aware or should have reasonably known that the substance was in your possession or control.
• You knew or should have known the character or nature of the substance.
• The amount of the controlled drug in your possession was usable (this will mainly apply if you face charges for transporting substances for sale)

It is important to take time to understand these elements better so you can appreciate the seriousness of your charges and the best defense to use to obtain a favorable outcome.

Controlled Substances Regulated under HS 11352

HS 11352 regulates the transportation or sale of a wide range of regulated substances. This includes, and is not limited to, the following drugs:

• All opiates and their derivatives
• Cocaine and cocaine base
• Peyote
• Heroin
• GHB
• Some prescription drugs, like hydrocodone and codeine

Since other drug laws prohibit the transportation or sale of specific drugs like meth and marijuana, the DA will consider the exact drug found in your possession to determine how to file your charges.

Transportation of a Regulated Substance

Transporting a drug means moving or carrying the substance from one point to another, regardless of the distance. You can be charged for transporting a substance even if the movement happened over a very short distance.

Additionally, how you move or carry the substance does not matter. You can face charges for walking away with the drugs, carrying them on your bicycle or motorbike, or transporting them by car, plane, or boat.

However, remember that charges under HS 11352 apply only if there is proof that you intended to sell the controlled drug. If you transport a substance for personal consumption, you will face charges under a different law, like HS 11350, for simple possession of a controlled substance.

Also, the prosecutor will file charges for transporting drugs for sale if the drugs found in your possession were in usable amounts. If the amounts are only traceable or the police only found a residue of the drug in your possession, charges under this law will not apply. Remember that this requirement, that the drug is in a usable amount, only applies if you are charged with transporting a controlled substance.

Offering to Deal, Transport, or Furnish a Drug

HS 11352 also prohibits offering to deal, transport, administer, give away, or furnish a controlled substance. This means you can face serious felony charges without actually committing the crime, merely by offering to do so. However, when it comes to offering to transport or sell a controlled substance, the DA must prove that you actually made the offer and intended to accomplish it.

Example: Chloe has not always been a popular student in her school. However, when an opportunity to join the popular girls’ club presented itself, she offered to supply their drugs of choice. She intended to raid her parents’ medicine cabinet for some regulated prescription drugs.

In this case, Chloe offers to transport or supply regulated drugs and has the intention and the means of doing so. This makes her guilty under HS 11352.

If Chloe only made the offer to be accepted in the club, but had no intention of supplying the drugs, she would not be convicted.

The Knowledge

The prosecutor cannot prove your case beyond a reasonable doubt if you did not know that you had the substance in your possession, and the nature of the substance. These are critical requirements in proving cases under HS 11352. You cannot be found guilty of selling or trafficking controlled substances unless you know of their presence in your person or control, and their nature as controlled substances.

Example: Mark agrees to transport some bags for a couple who are visiting his town. Unbeknownst to him, the bags contain cocaine and heroin, which the couple intends to move to another town for sale. Unfortunately, Mark was arrested while in transit and is facing charges for transporting controlled substances for sale.

However, Mark’s attorney fights the charges because Mark did not know of the drug’s presence in the bags he was moving.

If the couple had entrusted their business to Mark and offered to pay him more money, Mark would be guilty under HS 11352 if he agreed to transport the controlled drugs.

Possession of the Regulated Substance

Transport or sale of a controlled substance is impossible unless you are first in possession of the substance. Possession, in this case, can be actual or constructive. Actual possession means that the substance was in your direct presence. This could mean that you had the drugs on your hands, in the clothes you wore, or something you carried, like a bag. Constructive possession means that you control the drugs from afar.

Constructive possession means that you can transport or sell drugs even if you have not personally handled or touched them. What matters is that the drugs are under your control. They can be in a different house, vehicle, or storage.

How District Attorneys Build Drug Trafficking Cases

People who deal in controlled substances do it in great secrecy, which makes it difficult for the police to arrest them and stop their operations. In most cases, the police are forced to conduct undercover operations to gather sufficient evidence and arrest perpetrators while they are committing crimes. An arrest happens after a series of such operations. In some cases, the police have to use deception and even risk their lives to stop these operations.

An arrest and charges under HS 11362 are possible only if the police have gathered sufficient evidence that a particular individual or individuals are involved in the sale or distribution of a controlled substance. They can use an informant, who, in some cases, is someone who has been arrested for a related charge. The informant may agree to help the police with the investigation in exchange for a lenient charge.

Sometimes, the police are lucky to make arrests after following a particular surveillance or observation post. If officers suspect that a particular location is being used for drug-related activities, they may set up surveillance cameras to gather evidence and support arrests.

Also, an undercover police officer can pose as a seller or buyer of a controlled substance to lure an unsuspecting drug lord. They can do this in person (though this is usually very dangerous), by phone, or online. If the suspect takes the bait, they can be arrested on the spot.

In addition to tangible evidence gathered through such operations, the police use circumstantial evidence to prove drug-related cases. If there is enough evidence to prove all the elements of the crime beyond a reasonable doubt, the court can give a guilty verdict.

However, this does not mean that all drug-related arrests and charges are usually accurate. You can be mistakenly accused or falsely accused of selling or trafficking drugs. In this case, you need the help of a skilled criminal defense attorney to fight your charges.

Possible Penalties for the Sale or Distribution of a Controlled Substance

The illegal transportation or sale of a controlled substance, under HS 11352, is a felony. However, the penalties you receive depend on the exact details of your case and your criminal history. Aggravating factors will result in an enhanced sentence, meaning that you will receive an additional sentence on top of what is provided for the offense under the law.

If this is your first conviction under HS 11352, you will likely receive the following penalties upon conviction:

• Three, four, or five years in jail under a realignment program, or
• Three, six, or nine years in prison if you transported, or intended to transport, the substance across two or multiple county borders within the state, or
• Felony probation
• $20,000 in court fines

A realignment program under Assembly Bill 109 (AB 109) is a measure California voters passed in 2011 that diverted defendants convicted of certain felonies from serving their sentences in prisons to local jails. This only applies to less-serious felonies. If you face charges for a serious felony, the realignment will not affect you. Therefore, if the court considers your drug charge as a less-serious felony, the judge can sentence you to jail time instead of prison time.

Probation is also not always available for people who are convicted of felony drug crimes. You are not eligible for felony probation if the following are true:

• Your conviction is due to the sale or agreement to sell substances containing heroin and weighing at least 14.25 grams.
• The substance you are sentenced for selling or agreeing to sell is heroin, and there is at least one prior conviction under HS 11351 or HS 11352 on your record.
• The conviction under HS 11352 is for the sale of cocaine, its base, or meth, and you have at least one prior conviction for selling, possession for sale, or agreeing to sell any other controlled substance.

If these circumstances do not apply to your case, the judge can grant felony probation after serving a part of your sentence in jail or prison. Felony probations last for up to five years. Although you will be out of detention, the judge will set strict probation conditions that you must abide by throughout your probation. For example, they will order you to meet regularly with your probation officer for progress reports. You could also be required to submit to random drug tests, enroll in and complete a drug rehabilitation program, engage in community service, and not commit any crime while on probation.

Violating felony probation is a serious crime. If it happens, the judge will hold a hearing to discuss the probation violation and determine the way forward. From this hearing, the judge can take any of the following actions:

• Continue probation under the same terms and conditions
• Continue probation, but change the terms and conditions of your probation to stricter ones
• Cancel probation and send you to prison for the period required under the law for your crime

Enhanced Sentences Due to Aggravating Factors

Aggravating factors are circumstances in a case that increase the severity of a crime or your culpability. They justify an elevated charge or harsher sentence. The presence of aggravating factors in your case under HS 11352 will likely result in a harsher sentence. Some of the aggravating factors that could affect your sentencing include the following:

• Transporting or selling a regulated substance near a homeless shelter or drug treatment facility. This will result in an additional year to your jail sentence if the regulated substance was cocaine, heroin, or a cocaine base, and the crime happened within 1000 feet of the prohibited area.
• Transporting or selling large amounts of cocaine or heroin. The additional sentence will be applied as follows:
  1. An additional three years if the drug weighs at least 1kg
  2. An additional five years if the weight is at least 4kg
  3. An additional ten years if the weight is at least 10kg
  4. An additional fifteen years of it weighs at least 20kg
  5. An additional 20 years if the weight is at least 40kg
  6. An additional 25 years if the drug’s weight exceeds 80kg

An additional penalty for transporting or selling a controlled drug will also result in a court fine varying from $1 million to $8 million.

Prior Convictions

Having a prior conviction for a serious drug-related charge will also affect your sentencing under HS 11352. Prior convictions that count, in this case, are prior felony drug-related convictions (except for felony convictions that result from possession for personal use). If you have a prior felony drug conviction on your record, the judge can add at least three years to your prison sentence for every prior conviction on your record. You must serve the two sentences consecutively.

Sentencing Guidelines for Selling, Distributing, or Furnishing Controlled Substances to Protected Persons

The judge will likely impose a harsh sentence if you knowingly sell, furnish, administer, or give away controlled substances to protected persons like pregnant women, convicted violent felons, or people receiving treatment for mental health issues or drug problems.

Selling, distributing, furnishing, or administering controlled substances to minors is also considered a serious violation under HS 11353. A conviction for this can result in a sentence of 3, 6, or 9 years in prison. You could be subjected to an enhanced sentence if the substance were cocaine or heroin, or the sale happens within 1000 feet of a learning institution, playground, worship center, or anywhere else where children are likely to be.

If the court determines that you have at least a four-year age gap with the minor, you could face a separate additional penalty of 1, 2, or 3 years in prison.

Additional Consequences

A conviction under HS 11352 will also result in additional consequences that you should be aware of. For example, it will lead to serious immigration consequences, including your deportation or inadmissibility to the United States. Thus, if you are an immigrant, you should work harder on your defense to avoid these severe immigration consequences. This is because a felony drug charge is considered a deportable crime and will result in immediate removal after you complete your prison or jail sentence.

Defense Strategies That Could Influence Your Cases Outcome

While transporting or selling controlled substances is a serious offense, you can influence the outcome of your case using some of the best defense strategies allowed under the law. You can do this with the help of a competent criminal defense attorney. Some of the strategies that, if used well, can cause the court to dismiss or reduce your charges include the following:

Arguing that The Police Used Illegal Search and Seizure

You can argue that the search and seizure of your person or property for controlled substances was illegal. It could be that the police lacked a valid search warrant or exceeded its scope. You can use this strategy to convince the court to dismiss any evidence gathered through an illegal search and seizure. This will consequently weaken the prosecutor’s case.

Arguing that You Are a Victim of Police Entrapment

If the police tricked you into committing the crime, you can use this strategy to convince the court to dismiss your charges. Although police entrapment is widely used, the court can dismiss your charges if you prove that you only committed the crime because of the police involvement.

Proving Lack of Knowledge

Remember that you can be accused of transporting controlled substances when you actually do not know of their presence in your person or vehicle. A conviction under HS 11352 requires you to know of the drug’s presence and its nature as a controlled drug. If you lack this knowledge, the prosecutor cannot prove your case to get a conviction.

Find Competent Criminal Defense Services Near Me

A conviction for transporting or selling a regulated substance in Los Angeles can result in severe penalties and other life-changing consequences. However, you can change the outcome of your case if you involve a skilled criminal defense attorney. With our skills and experience handling all kinds of drug-related cases at Leah Legal Criminal Defense Attorney, we can convince the court to dismiss or reduce your charges. We can also help you navigate all court processes and fight for your rights. Call us at 213-444-7818 to discuss your case and our services further.