Definition

Sales or Transportation of a Controlled Substance under California Health and Safety Code Section 11352, is a subcategory of simple possession. However, it presents a far more serious case and crime. There are several types of controlled substances. Some of the most common will include meth, cocaine, heroin and others.

Elements of the Crime

In order to take an Sales or Transportation of a Controlled Substance under California Health and Safety Code Section 11352, case to trial, certain elements of the crime will have to be proven. These include:

·         That the offender was found in possession of a controlled substance, and was aware of its illegal use, and that one of the following  was committed:

o   The offender transported the drug from one point to another

o   The offender bought the drug and brought it into California from another location

o   The offender had in their possession drugs (whether joint, actual or constructive), for the purposes of resale

o   The offender offered or administered this controlled substance to someone else

Punishments for California Possession of a Controlled Substance

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of Sales or Transportation of a Controlled Substance, it is usually filed as a felony, which includes:

·         Up to one year in jail, and a probation, (or)

·         Two, three or four years in prison and up to twenty thousand in fines

Legal Defenses for California Health and Safety Code 11352

A good California defense lawyer can present many legal and valid defenses for Sales or Transportation of a Controlled Substance charges under California Health and Safety Code 11352 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Sales or Transportation of a Controlled Substance.

Learn more about other California Section Penal Codes here.