California Health and Safety Code HS 11352 allows you to transport drugs for personal use.
Under California law, it is a crime to transport or sell certain drugs, which includes furnishing or administering drugs to other people or giving controlled substances away. However, for transporting drugs, it is only a crime if you are moving them with the intent to sell them. Under California Health and Safety Code 11352, it is against the law to sell or transport specific types of controlled substances, such as cocaine, heroin, peyote, LSD, and commonly prescribed (and abused) opiate drugs such as Oxycontin and Vicodin. It does not apply to marijuana or methamphetamine; these drugs are covered under other laws.
In 2014, the California legislature amended HS 11352 so that it is no longer a crime to transport drugs for personal use. Before this change, if you transported a small amount of cocaine for your own use, you could be charged with a felony under the law. After the amendment, you could not be charged for transporting the drug — but you may still be charged with drug possession for having the cocaine. An experienced drug defense lawyer in Los Angeles, CA can assist you if you have been charged with drug possession or transporting drugs.
Under HS 11352, selling or transporting drugs is a felony. The potential consequences for this crime are steep, and include anywhere from three to nine years in jail and a fine of up to $20,000. However, if there are additional factors present in your case — such as having large quantities of drugs or selling drugs to underage kids — you could face additional time or jail or even higher fines. For example, if a man decides to sell LSD to high school students, he would likely face more significant penalties than a person who is hosting a party with fellow adults and shares cocaine with a friend.
To be convicted of selling or transporting a drug under California law, you must have done one of the following with a controlled substance:
- Sold it;
- Furnished it;
- Administered it;
- Gave it away;
- Transported it for sale;
- Imported it into California; or
- Offered to do any of the above.
You must also have known of the drug’s presence (i.e., you were aware that you had possession of the drug), and that it was a controlled substance. If you are accused of transporting a controlled substance for sale, the controlled substance must be in a “useable amount.” Under the law, transporting means to move the controlled substance from one location to the other, which can mean simply walking them or moving them using a method of transportation like a car, plane or bus.
There are many possible defenses to a sale or transport of a controlled substance charge in California. A skilled drug defense lawyer in Los Angeles, CA may be able to claim that the police illegally obtained evidence against you, that you did not have the required knowledge or intent, or that the drugs were for your personal use. The specific factual or legal defense will depend on the facts of your case, and can be developed after consulting with your attorney.
At the Chambers Law Firm, our skilled team of attorneys and professionals will aggressively defend you against sale or transport of narcotics charges. If you need a drug defense lawyer in Los Angeles, CA or the surrounding areas, contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn how we can protect your rights.
