Defense for Sales or Transportation of a Controlled SubstanceWhat should you know about California code 11352 HS Sales or Transportation of a Controlled Substance? This Safety Code governs drug crime offenses in which a person sells, furnishes, administers, transports, or imports illegal drugs into California. The drugs regulated under this code include heroin, peyote, cocaine, opiates, hallucinogens, GHB, hydrocodone, and codeine. Many of these people are identified through sting operations and disguised locations. Here is an exact description of the code:

“11352. (a) Except as otherwise provided in this division, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import
into this state or transport (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian
licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years.
(b) Notwithstanding the penalty provisions of subdivision (a), any person who transports any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for three, six, or nine years.
(c) For purposes of this section, “transports” means to transport for sale.
(d) This section does not preclude or limit the prosecution of an individual for aiding and abetting the commission of, or conspiring to commit, or acting as an accessory to, any act prohibited by this section.”

What are Some Defenses for this Crime?
As with any crime, there are always defenses. Not every situation is going to lead to a “guilty” verdict, even though many will indeed. Here are some defenses for sales or transportation of a controlled substance:

  • Controlled Substance Was Prescribed: Let’s say that you were found in possession with one of the drugs that was said to be illegal in this situation. Regardless of whether or not it was a usable amount, if it was prescribed to you by a medical doctor, you did not unlawfully possess it.
  • You Did Not Transport the Controlled Substance: An attorney will be able to persuade the prosecutor that the element of intent to transport the controlled substance cannot be met.
  • You Did Not Know of the Substance’s Presence or Nature: Maybe the arresting officers did not obtain sufficient evidence. This could include things like eyewitness account, fingerprints, and more. They would need to obtain this to show that you knew that the substance was present and you knew the nature of the substance at hand. A skilled attorney may be able to persuade the prosecutor that the element of “knowledge” is not met and the charge cannot be proven as a result.
  • You Were a Victim of Entrapment: Did law enforcement officials induce or encourage you to commit a crime when you felt like you should not? Entrapment is a legal defense if the encouragement came from police officials.

You should always be informed that there are many penalties and sentences put in place for this crime. It will, however, depend on the type of drug, the activity taking place, the prior criminal record involved, and any other sentencing issues that come into play. You should also know that this crime might carry a sentence of many years spent in prison. As you may have noticed already, your best bet is to have a trusted attorney on your side throughout this process. You should call The Law Office of Peter Blair for more information, as we can help you through your case and give you the best advice possible.

Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The hiring of an attorney is an important decision. The information you obtain in this website is not, nor is it intended to be legal advice. You should contact an attorney for individual advice regarding your situation.