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California Drug Transportation Attorney – Health And Safety Code 11352 HS

How Can My Rights Law’s Drug Transportation Attorney Help?

Did you know that transportation in California includes even walking across the street with drugs in your possession? Or that it also applies to carrying prescription drugs you do not have a legally obtained prescription for in your name? Or that the penalties change dramatically if you transport across the state line, or even between two counties that are not neighbors?

California has several laws that address various kinds of substances and make their transportation illegal. Moving about (even from one room to another) while possessing even a small amount of a controlled substance can allow the prosecutor to add a charge of transportation, which carries a much more severe penalty than a basic drug possession charge.

The consequences for even unknowingly violating those laws can be severe and devastating. A drug crime lawyer at My Rights Law can provide seasoned, savvy experience and advice to you if you face drug transportation charges. For a free consultation, contact us immediately through our secure web form or by calling us at (888) 702-8882 and find out how we can help you.

Transporting Drugs

California Health and Safety Code 11352 prohibits the transportation of controlled substances other than marijuana and methamphetamine, covered under separate sections. Transportation can be by walking, bicycle, vehicle, bus, or other means of movement. There is no required distance of transportation. Even walking across the street can lead to transportation charges.

Violation of Section 11352 will lead to felony charges[1] for anyone who, without a valid prescription:

  • transports or offers to transport
  • imports into California
  • sells, furnishes, gives away, or administers[2]

any of several specified substances, including:

  • Opiates
  • Codeine
  • Vicodin
  • Morphine
  • Heroin
  • Cocaine
  • LSD
  • PCP
  • Ecstacy
  • GHB

These charges carry a three, four, or five-year prison term and up to a $20,000 fine[3]. If the transportation occurs between two noncontiguous (meaning they do not directly border each other) California counties, the penalties increase to three, six, or nine years in prison.

Marijuana Transportation

Proposition 64 (the AUMA) legalized limited marijuana use, possession, and transportation by adults aged 21 and older. However, violation of those limits and restrictions can lead to misdemeanor or felony charges depending on the circumstances. Unless you have a California license to sell marijuana, transporting any amount of marijuana for sale remains illegal.

The consequences for misdemeanor marijuana transportation include:

  • Up to six months in jail
  • A fine of up to $500[4]

If you have prior misdemeanor transport convictions, prior violent felony convictions, or are a registered sex offender, the charge may become a felony, which carries consequences including:

  • Up to four years in prison
  • Up to a $10,000 fine[5]

Methamphetamine Transportation

California Health and Safety Code Section 11379 makes transportation of methamphetamine a felony-level crime[6]. Even offering or attempting to:

  • transport
  • import into the state
  • sell, furnish, or give away

Methamphetamines can lead to felony charges[7]. These charges carry a two, three, or four-year prison term. If the transportation occurs between two noncontiguous (meaning they do not directly border each other) California counties, the penalties increase to three, six, or nine years in prison.

What Does The Prosecution Need To Prove?

To obtain a conviction on drug transportation charges, the prosecution needs to establish several specific points:

  • That you sold, gave away, furnished, imported, or transported a controlled substance
  • That you knew the substance was present and that it was a controlled substance
  • That the amount of the controlled substance was usable

How Are Drug Transportation Sentences Determined?

The base penalties, described in the sections above, can be “enhanced” or increased under certain circumstances, such as:

  • the location of the transportation – like near a school or treatment facility
  • the quantity of drugs being transported
  • prior drug convictions
  • if the crime involved a minor

If one or more of these circumstances are found, prison time and fines can increase substantially.

What Defenses Are There To Transportation Charges?

My Rights Law boasts extensive experience helping people charged with drug transportation crimes. That experience allows us to assess your situation and strategically defend you against the charges. Some of the defenses we might be able to use, depending on your circumstances, include:

  • You didn’t know the drugs were there
  • The drugs do not belong to you
  • Law enforcement violated your civil rights, for example, through an illegal search
  • You possess a valid prescription
  • The drugs were for personal use only and were not for sale
  • You did not have actual possession of the drugs
  • Not enough of the drug was found to be used
  • Law enforcement entrapped you

My Rights Law Drug Transportation Attorneys

Drug transportation is considered to be a felony crime, making it essential that you hire a drug crime lawyer. If convicted of drug crimes, the type of sentence you will receive depends on the drug transported, as well as the area of distribution. Penalties for Los Angeles drug crimes may also depend on whether weapons and/or children were involved in the drug offense.

Penalties for transporting illegal drugs differ based on the drug itself. For example, heroin is worse than cannabis. A cannabis drug trafficking sentence generally involves a prison sentence of three to fifteen years, and a fine of up to $200,000. Alternatively, heroin trafficking could involve a prison sentence of three to twenty-five years, and a fine of approximately $500,000. In drug crime cases, one way of avoiding the worst-case scenario is through participation in drug diversion programs or a drug treatment program.

The federal government also prosecutes drug crime cases, including drug possession, drug paraphernalia, and more. Even first-time offenders can face prison sentences, so it is important to hire a lawyer experienced in criminal defense.

If you are charged with a drug transportation crime, discussing the facts of your case with a drug transportation lawyer at My Rights Law will enable us to assess the possible defenses and craft the strongest argument on your behalf. For a free consultation, contact us immediately through our secure online form or by calling (888) 702-8882.

Other drug crimes we defend include: Marijuana Possession Sales

FOOTNOTES
[1] See Health & Safety Code 11352.
[2] See Judicial Council of California Criminal Jury Instructions 2300.
[3] See Health & Safety Code 11372 HS.
[4] See Health & Safety Code 11359 HS.
[5] See Proposition 64, Health & Safety Code 11360 HS.
[6] See California Health and Safety Code 11379.
[7] See California Health and Safety Code 11378 HS.
See also California Penal Code 1170h PC.

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